Terms & Conditions

1. Definitions

• "Emberkeep", "we", "us", "our" — the records information support practice operating from 58 Jalan Perak, 10450 George Town, Pulau Pinang, Malaysia.
• "Service" — any of the clerical and educational services described on this website, including the Question Preparation Session, Records Sorting Appointment, and Five-Month Coordination Programme.
• "Client", "you", "your" — any individual or household that submits an enquiry, books, or attends a service offered by Emberkeep.
• "Agreement" — these Terms and Conditions together with any written service confirmation issued by Emberkeep.
• "Output" — any written document produced by Emberkeep during or after a service, including question sheets, gap lists, indexes, chronologies, and maintenance sheets.

2. Acceptance of Terms

By booking a service with Emberkeep, whether by submitting an enquiry form, making payment, or attending an appointment, you confirm that you have read and accept these Terms and Conditions. You must be at least 18 years of age and legally capable of entering a binding agreement under Malaysian law. If you are booking on behalf of another person, you confirm that you are authorised to do so and that the person concerned has been informed of these terms.

3. Service Description and Scope

Emberkeep provides clerical organisation, document indexing, question preparation, and correspondence logging services in relation to pension and retirement records. All services are educational and administrative in nature. Specifically and without exception:

• We do not provide financial planning advice, investment recommendations, or any form of regulated financial service.
• We do not provide legal advice, represent clients before any authority, or act in any client's name.
• We do not provide medical, psychological, or healthcare advice.
• We do not interpret entitlements, calculate benefit amounts, or make determinations about pension rights.

Services are available to clients attending in person at our George Town office. Remote service variations may be offered at our discretion and will be described separately.

4. Booking and Confirmation

A booking is confirmed once Emberkeep has issued a written service confirmation to the client by email and the client has confirmed acceptance. Payment of a deposit or full fee, where applicable, constitutes acceptance of the booking and of these Terms and Conditions. Booking confirmations specify the service type, date, time, and fee payable.

5. Client Responsibilities

• Arrive at the confirmed appointment time. If you expect to be late, notify us by phone at least 30 minutes before the start time.
• Bring the documents you wish to have sorted, indexed, or referenced. Emberkeep cannot be responsible for documents that are not brought to the appointment.
• Provide accurate information when completing enquiry forms and during appointments.
• Do not use Emberkeep's outputs as a substitute for qualified professional advice on your financial, legal, or tax situation.
• Maintain the currency of your records using the maintenance sheet provided; Emberkeep is not responsible for developments that occur after the service concludes.

6. Intellectual Property

All methods, templates, formats, and materials developed by Emberkeep — including the question preparation format, index templates, and chronology structure — remain the property of Emberkeep. Clients receive a non-exclusive, non-transferable licence to use outputs for their own personal retirement administration purposes. Outputs may not be reproduced, sold, or distributed for commercial purposes.

Content on the Emberkeep website, including text and layout, is the property of Emberkeep and may not be reproduced without written permission.

7. Payment Terms

7.1 Fees

Fees are published on the Emberkeep website and confirmed in writing at the time of booking. Fees are stated in Malaysian Ringgit (RM) and are inclusive of any applicable taxes. Current fees are: Question Preparation Session RM 440; Records Sorting Appointment RM 1,390; Five-Month Coordination Programme RM 3,950.

7.2 Payment Methods

Payment may be made by cash, bank transfer, or such other methods as confirmed at the time of booking. Full payment for the Question Preparation Session and Records Sorting Appointment is due before or on the day of the appointment. The Five-Month Coordination Programme may be paid in two equal instalments: one at commencement and one at the programme midpoint (month three).

7.3 Cancellation and Rescheduling

• Cancellations made more than 48 hours before the appointment: full refund.
• Cancellations made within 48 hours of the appointment: 50% of the session fee is retained as a cancellation charge.
• No-shows without prior notice: full fee is retained.
• Rescheduling requests made more than 24 hours before the appointment will be accommodated without charge, subject to availability.
• Five-Month Coordination Programme: if the client withdraws after month two, fees for completed months are retained and fees for remaining months will be invoiced at a reduced rate equal to 25% of the remaining balance.

8. Document Handling

All original documents brought to an appointment are returned to the client before the session closes. Scanned copies are transferred only to storage devices provided and owned by the client. Emberkeep does not retain copies of client documents after the appointment concludes. Emberkeep is not responsible for documents that are damaged, lost, or deteriorated due to pre-existing condition prior to the appointment.

9. Disclaimers

Emberkeep's outputs are produced in good faith based on the documents presented at the appointment. Outputs describe what is present, note what appears absent, and record correspondence in neutral language. They are not financial, legal, or professional assessments. Emberkeep does not warrant that outputs are complete, accurate in every particular, or suitable for any specific professional consultation. The client is responsible for verifying information with qualified professionals before making decisions based on any output provided by Emberkeep.

The practitioner directory provided as part of certain services is for reference only and does not constitute an endorsement, recommendation, or referral in any professional sense.

10. Limitation of Liability

To the extent permitted by Malaysian law, Emberkeep's total liability arising from any service, whether in contract, negligence, or otherwise, shall not exceed the fee paid by the client for the specific service in connection with which the liability arose. Emberkeep shall not be liable for indirect, consequential, or incidental losses, including loss of anticipated pension entitlements, financial losses resulting from reliance on outputs, or losses arising from actions taken or not taken following a professional consultation.

Nothing in these terms limits Emberkeep's liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

11. Indemnification

You agree to indemnify and hold harmless Emberkeep, its coordinators, and staff from any claims, losses, or expenses (including reasonable legal costs) arising from your breach of these Terms and Conditions, your provision of inaccurate information, or your misuse of outputs produced by Emberkeep.

12. Confidentiality

Emberkeep will keep confidential all information and documents shared by the client during the course of a service. Coordinators do not discuss client matters with other clients or outside the office. Information may be disclosed only where required by Malaysian law or court order.

13. Termination

Either party may terminate an ongoing service arrangement by written notice. Emberkeep may terminate a service immediately if a client's conduct is abusive, threatening, or contrary to these Terms and Conditions. In the event of termination by Emberkeep without fault of the client, fees paid for services not yet delivered will be refunded in full. Client termination of the Five-Month Programme is subject to the cancellation terms in Section 7.3.

14. Dispute Resolution

In the event of a dispute, the parties agree to first attempt informal resolution by written communication to [email protected] within 30 days of the dispute arising. If informal resolution is not achieved, disputes will be referred to mediation under the auspices of the Malaysian Mediation Centre before court proceedings are commenced. These Terms and Conditions are governed by the laws of Malaysia. The courts of Pulau Pinang, Malaysia, shall have jurisdiction over any dispute that cannot be resolved informally or through mediation.

15. General Provisions

• Entire Agreement: These terms, together with any written service confirmation, constitute the entire agreement between the parties in respect of the relevant service.
• Severability: If any provision of these terms is found to be unenforceable, the remaining provisions continue in full force and effect.
• Waiver: Failure by either party to enforce any provision does not constitute a waiver of the right to enforce it at a future time.
• Assignment: You may not assign your rights under these terms without Emberkeep's prior written consent. Emberkeep may assign its rights to a successor organisation that agrees to be bound by these terms.
• Notices: Notices under these terms may be given by email. Notices to Emberkeep should be sent to [email protected].

16. Changes to These Terms

Emberkeep may update these Terms and Conditions from time to time. Material changes will be communicated by posting an updated version on this page with a revised effective date. For services already booked under the previous terms, changes will not apply unless the client expressly agrees in writing.

17. Contact