Legal
Terms & Conditions
Last Updated: 18 April 2025 | Effective Date: 18 April 2025
These Terms and Conditions govern your use of the Drapeon Counsel website and the consulting services we offer. By accessing this website or engaging our services, you agree to the terms set out below. We ask that you read this document carefully before proceeding.
If you have questions about any part of this agreement, please write to us at [email protected] before proceeding.
Contents
1. Definitions
For the purposes of this agreement, the following terms carry the meanings set out here:
- "We", "Us", "Our" refers to Drapeon Counsel, Suite 18-3, Wisma Goldhill, Jalan Raja Chulan, 50200 Kuala Lumpur, Malaysia.
- "You", "User" refers to any individual or entity accessing this website or engaging our services.
- "Services" refers to the consulting engagements offered by Drapeon Counsel, including Family Enterprise Counsel, Succession Mapping, and the Counsel Letter.
- "Agreement" refers collectively to these Terms and Conditions along with any engagement letter, proposal, or written correspondence that forms part of a specific consulting engagement.
- "Content" refers to all text, documents, reports, and written materials produced in the course of an engagement.
- "Website" refers to the site operated by Drapeon Counsel at drapeoncca.world.
2. Acceptance of Terms
By using this website or engaging our services, you indicate that you have read, understood, and accepted these terms in their entirety. If you do not accept these terms, we ask that you refrain from using the website or initiating an engagement.
To enter into an agreement with us, you must be at least 18 years of age and have the legal capacity to enter into binding contracts under Malaysian law. If you are acting on behalf of a company or family enterprise, you confirm that you have the authority to bind that entity to these terms.
3. Service Description
Drapeon Counsel offers private business consulting services oriented toward family enterprises and long-tenure leadership teams. Our current service offerings are as follows:
- Family Enterprise Counsel — a structured engagement covering matters of governance, role definition, and family charter preparation, conducted over three to four months.
- Succession Mapping — a considered review of succession candidates, including confidential capability profiles and a multi-year preparation pathway, delivered over the course of a year.
- Counsel Letter — a single written advisory response to a specific question or matter, delivered within ten business days of receipt.
We reserve the right to modify, suspend, or discontinue any service offering with reasonable notice. Our services are primarily offered to clients located in Malaysia, though we may accept engagements from parties located elsewhere at our discretion.
4. User Responsibilities
Acceptable Use
You agree to use this website and our services in good faith and in accordance with applicable law. You shall not use the website or our services for any purpose that is unlawful, harmful, or contrary to these terms.
Prohibited Activities
- Submitting false, misleading, or incomplete information in connection with an engagement
- Attempting to gain unauthorised access to any part of our website or systems
- Using our materials or advisory content for commercial purposes without written consent
- Reproducing, redistributing, or publishing our written work products without agreement
- Interfering with the security, integrity, or operation of the website
- Impersonating any individual or entity in correspondence with us
Accuracy of Information
You are responsible for the accuracy and completeness of information you share with us during an engagement. The quality of our advisory output depends in part on the candour and completeness of the information provided.
5. Intellectual Property
All content on this website — including text, design, structure, and visual elements — is the intellectual property of Drapeon Counsel unless otherwise noted. You may not reproduce, adapt, or distribute any part of this website without our written consent.
Work Products
Written materials produced during a consulting engagement — including family charters, capability profiles, pathway documents, and Counsel Letters — are provided for your private use within the context of the engagement. Unless a separate written arrangement is made, these materials remain the intellectual property of Drapeon Counsel and may not be reproduced or commercially used without our consent.
Your Materials
Any documents, records, or information you share with us in the course of an engagement remain your property. We use them solely for the purpose of the engagement and handle them in accordance with our Privacy Policy.
6. Payment Terms
Fees
Our current fees for each engagement are as stated on our website and confirmed in writing at the outset of each engagement. All fees are denominated in Malaysian Ringgit (RM) and are subject to applicable taxes where required by law.
- Family Enterprise Counsel: RM 3,300
- Succession Mapping: RM 2,900
- Counsel Letter: RM 750
Payment
Payment terms will be set out in the engagement letter for each matter. We typically require payment of a portion of the fee prior to commencement. We reserve the right to pause or conclude work where payment obligations are not met.
Refunds
Given the nature of our work — which involves private consultation time and considered written output — fees are generally non-refundable once work has commenced. If you wish to withdraw from an engagement before commencement, please contact us in writing at the earliest opportunity. We will consider each situation on its own terms.
7. Service-Specific Terms
Scope and Changes
The scope of each engagement is agreed upon in writing at its outset. Where you wish to expand the scope of work during an engagement, we will discuss any adjustment to timing or fees before proceeding.
Timelines
We endeavour to meet the timelines set out in our service descriptions. Where circumstances outside our control affect delivery, we will communicate promptly and agree a revised approach.
Deliverables
Deliverables for each service type are described on our website and confirmed at engagement outset. We do not warrant that any particular outcome will result from our counsel; our commitment is to considered, careful, and attentive advice suited to the circumstances as we understand them.
8. Confidentiality
We treat all information shared in the course of an engagement as strictly confidential. We will not share details of your engagement, the questions raised, or the advice provided with any third party without your written consent, except where required by law.
We may discuss anonymised and generalised themes from our practice for the purposes of professional development or general commentary, but will never identify any individual or enterprise without consent.
9. Disclaimers
Our services are advisory in nature. The content of our counsel reflects our considered view based on the information available to us at the time; it does not constitute legal, financial, or regulated professional advice. You should take independent legal or financial advice on any matter that requires it before acting.
This website is provided on an "as available" basis. We do not warrant that the website will be uninterrupted, error-free, or free of harmful components. We make no representation about the completeness or currency of information presented on this website.
10. Limitation of Liability
To the fullest extent permitted by Malaysian law, Drapeon Counsel's liability in connection with any engagement or website use is limited to the fees paid by you in respect of the relevant matter.
We shall not be liable for any indirect, consequential, special, or incidental loss or damage arising from your use of our services or this website, including loss of revenue, loss of business opportunity, or decisions taken in reliance on our advice without independent verification.
Nothing in these terms limits our liability for fraud, wilful misconduct, or any matter where exclusion of liability is prohibited by applicable law.
11. Indemnification
You agree to indemnify and hold Drapeon Counsel, its principals, and associates harmless from any claims, costs, or damages arising from your use of this website or our services in a manner that breaches these terms or any applicable law, or that arises from information you have provided that is materially incorrect or incomplete.
12. Termination
Either party may bring an engagement to a close by giving written notice. In such cases, fees for work completed up to the point of notice remain due.
We reserve the right to decline or discontinue an engagement where we determine that the relationship is not suited to productive counsel, or where circumstances arise that present a conflict of interest.
Provisions relating to confidentiality, intellectual property, payment, and limitation of liability survive the conclusion of any engagement.
13. Dispute Resolution
Governing Law
These terms are governed by the laws of Malaysia. Any dispute arising under or in connection with these terms shall be subject to the jurisdiction of the courts of Malaysia.
Informal Resolution
Where a dispute arises, we would ask that you first write to us at [email protected] describing the matter. We will endeavour to respond within ten business days and to reach an amicable resolution before any formal process is initiated.
Mediation
Where informal resolution is not achievable, the parties may agree to refer the matter to a neutral mediator before pursuing litigation. We are willing to consider mediation as a means of resolving disputes at reasonable cost to both sides.
14. General Provisions
- Entire Agreement. These terms, together with any engagement letter or written proposal, constitute the full agreement between the parties for the relevant matter.
- 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 under these terms on a given occasion does not constitute a waiver of that right in future.
- Assignment. You may not transfer your rights or obligations under these terms to another party without our written consent.
- Notice. Formal notices should be directed in writing to the address or email set out in Section 16 below.
15. Changes to These Terms
We may revise these terms from time to time to reflect changes in our practice, applicable law, or the nature of our services. The date at the top of this page reflects the most recent revision. Where changes are material, we will note the revision prominently. Continued use of this website or engagement of our services following an update constitutes acceptance of the revised terms.
16. Contact Information
Questions about these terms may be directed to:
Drapeon Counsel
Suite 18-3, Wisma Goldhill
Jalan Raja Chulan, 50200 Kuala Lumpur, Malaysia
Email: [email protected]
Telephone: +60 3-7842 6195