Terms & Conditions

1. Definitions

In these Terms and Conditions, the following definitions apply:

• "Jaya Counsel", "we", "us", "our" — refers to Jaya Counsel, a law firm registered and practising in Malaysia, with its principal office at No. 5, Jalan PJU 5/1, Dataran Sunway, Kota Damansara, 47810 Petaling Jaya, Selangor.
• "Services" — the legal advisory, documentation, and representation services described on this website and in any engagement letter issued by Jaya Counsel.
• "You", "User", "Client" — any individual or entity accessing this website, submitting an enquiry, or engaging Jaya Counsel for services.
• "Website" — the website accessible at jayacouns.info and all associated pages.
• "Engagement" — a formal client-solicitor relationship established when both parties have agreed to scope and fees, typically evidenced by an engagement letter or written confirmation.
• "Content" — all text, images, documents, and other materials published on this website.

2. Acceptance of Terms

By accessing this website, submitting an enquiry, or entering into an engagement with Jaya Counsel, you confirm that:

• You are at least 18 years of age or have the legal capacity to enter a binding agreement under Malaysian law
• If acting on behalf of a company or other entity, you have authority to bind that entity
• You have read, understood, and agree to these terms in full

3. Service Description

Jaya Counsel provides legal advisory services in the areas of franchise and licensing law in Malaysia, including but not limited to:

• Franchise registration and compliance advisory under the Franchise Act 1998 and Franchise Regulations 2012
• Drafting and negotiation of franchise agreements, master franchise agreements, and area development agreements
• Dispute advisory and representation in franchise-related matters

Content on this website is provided for general information only and does not constitute legal advice. No solicitor-client relationship is created by browsing this website or submitting an enquiry.

Service availability is subject to our capacity, conflicts checks, and regulatory requirements applicable to Malaysian legal practitioners.

4. User Responsibilities & Acceptable Use

In using this website, you agree not to:

• Submit false or misleading information in any enquiry or communication
• Attempt to access systems or data not intended for your use
• Use this website in a way that violates any applicable law or regulation
• Transmit harmful, defamatory, or offensive content through any contact form or communication
• Use automated tools to scrape, crawl, or extract content from this website without written permission

Where an engagement has commenced, you agree to provide accurate and complete instructions, respond to requests for information in a timely manner, and inform us of any changes relevant to your matter.

5. Intellectual Property

All content on this website — including text, design, graphics, and arrangement — is the property of Jaya Counsel and is protected by Malaysian copyright law. You may not reproduce, republish, or distribute any part of this website's content without our written consent.

Documents, agreements, and advice prepared by Jaya Counsel in the course of an engagement remain our intellectual property until fees are settled in full, at which point the client receives a licence to use those documents for the purpose for which they were prepared.

You retain ownership of all documents and information you provide to us.

6. Payment Terms

Fees for our services are set out in the engagement letter provided at the commencement of each matter. The following terms apply unless otherwise agreed in writing:

• Fees are quoted in Malaysian Ringgit (MYR) and are subject to applicable taxes including Service Tax (SST) where applicable
• Disbursements such as Registrar filing fees, court filing fees, and courier charges are charged at cost, in addition to professional fees
• Payment is due within 14 days of invoice unless otherwise agreed
• Overdue amounts may accrue late payment charges at the rate of 1.5% per month after the due date
• Work may be paused or suspended on matters where fees remain outstanding beyond 30 days

Refunds

Where an engagement is terminated before completion, fees are charged on a time-spent basis for work completed up to the date of termination. Pre-paid fees in excess of work completed will be refunded within 14 business days after deduction of any outstanding disbursements.

7. Service-Specific Terms

Franchise Registration & Compliance

The timeline for registration approval is governed by the Registrar of Franchises and is not within our control. Quoted timelines are based on current typical processing periods and may vary. We are not responsible for delays caused by incomplete client information or Registrar processing backlogs.

Franchise Agreement Drafting & Negotiation

The number of negotiation rounds included in the fee is specified in the engagement letter. Additional rounds are charged at our standard hourly rate. Agreement to final terms is between the contracting parties; we advise but do not bind you to any position.

Franchise Dispute Advisory & Resolution

Fee estimates for dispute matters are provided at the commencement of each stage. As dispute resolution outcomes cannot be predicted, we do not commit to specific results. Our obligation is to provide competent legal advice and conduct your matter with reasonable skill and diligence.

8. Disclaimers

This website is provided on an "as is" basis. While we take care to ensure accuracy, we make no representations that the information on this website is complete, current, or applicable to your particular circumstances.

Legal information on this website does not constitute legal advice and should not be relied upon as such. Each franchise matter involves specific facts and applicable law that require individual assessment.

We are not responsible for the content or practices of any third-party websites linked from this site.

9. Limitation of Liability

To the fullest extent permitted by Malaysian law, Jaya Counsel's liability arising out of or in connection with the use of this website (excluding an established engagement) is limited to RM 500 or the amount you paid us in the relevant matter, whichever is lower.

We are not liable for indirect, incidental, or consequential losses arising from your use of or inability to use this website, including but not limited to loss of business, data, or anticipated savings.

Nothing in these terms excludes liability for fraud, death, or personal injury caused by our negligence, or any other liability that cannot lawfully be excluded.

10. Indemnification

You agree to indemnify Jaya Counsel and its practitioners from any claims, losses, or expenses (including reasonable legal costs) arising from your breach of these terms, your misuse of this website, or any false or misleading information you provide to us.

11. Termination of Engagement

Either party may terminate an engagement by giving written notice. Where we terminate, we will provide reasonable notice (generally no less than 7 days) unless professional conduct rules require immediate cessation.

Upon termination, you remain liable for fees and disbursements incurred up to the date of termination. We will return your documents and property promptly, subject to any outstanding balance being settled.

12. Dispute Resolution & Governing Law

These terms are governed by and construed in accordance with the laws of Malaysia.

In the event of a dispute arising from these terms or our services, we encourage you to contact us first at [email protected] to attempt informal resolution before commencing formal proceedings.

If informal resolution is not achieved within 30 days, the matter shall be subject to the exclusive jurisdiction of the courts of Malaysia, with Kuala Lumpur as the primary venue.

Complaints about our professional conduct as solicitors may be referred to the Bar Council Malaysia. Complaints about data handling may be referred to the Personal Data Protection Department (JPDP).

13. General Provisions

• Entire agreement — These terms, together with any engagement letter, constitute the entire agreement between us regarding use of this website and our services.
• Severability — If any provision of these terms is found to be unenforceable, the remaining provisions continue in full force.
• Waiver — Our failure to enforce any right does not constitute a waiver of that right.
• Assignment — You may not assign your rights or obligations under any engagement without our written consent. We may assign administrative functions to other qualified practitioners within our firm.
• Force majeure — We are not liable for delays or failures caused by events outside our reasonable control, including court closures, government actions, or infrastructure failures.

14. Changes to These Terms

We may revise these terms at any time. Changes take effect upon publication on this page, with the "Last Updated" date revised. Your continued use of this website after any revision constitutes acceptance of the updated terms.

For active engagements, material changes to the terms of service will be communicated in writing with at least 14 days' notice before taking effect.

15. Contact

For questions about these terms or to raise a concern: