Effective Date: 30/09/2026
These Terms & Conditions (“Terms”) govern the provision of consultancy, advisory and related professional services by THM Capital Management (“THM Capital Management”, “we”, “us” or “our”) to any individual, company, organisation or other entity engaging our services (“Client”, “you” or “your”).
By engaging THM Capital Management, accepting a quotation or proposal, signing an engagement letter, issuing a purchase order, making payment, or otherwise instructing us to commence work, you acknowledge that you have read, understood and agreed to these Terms.
1. Scope of Services
1.1 THM Capital Management provides business and management consultancy, corporate advisory, strategic planning and other related professional services as agreed with the Client.
1.2 The specific scope of services, deliverables, timelines and fees shall be set out in the relevant quotation, proposal, engagement letter, service agreement or other written confirmation issued by THM Capital Management.
1.3 Any services requested by the Client that fall outside the agreed scope may be treated as additional services and may be subject to additional fees.
1.4 THM Capital Management reserves the right to determine the appropriate professional approach, methodology and resources required to perform the agreed services.
2. Engagement and Acceptance
2.1 An engagement shall be considered accepted when the Client:
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accepts or signs a quotation, proposal or engagement letter;
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issues a purchase order or written instruction;
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makes any required deposit or payment; or
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otherwise confirms instructions for THM Capital Management to commence work.
2.2 Once an engagement has been accepted, the Client agrees to provide all information, documents, approvals and cooperation reasonably required for THM Capital Management to perform the services.
2.3 Any amendment to the scope of work should be agreed in writing by both parties.
3. Client Responsibilities
The Client agrees to:
a. provide complete, accurate and timely information and documentation;
b. promptly respond to requests for clarification, approval or decisions;
c. ensure that information supplied to THM Capital Management may lawfully be provided and used for the purposes of the engagement;
d. appoint an authorised representative where necessary to provide instructions and approvals; and
e. promptly notify THM Capital Management of any material changes that may affect the engagement.
THM Capital Management shall not be responsible for delays, additional costs or adverse outcomes resulting from incomplete, inaccurate or delayed information supplied by the Client.
4. Consultancy and Advisory Nature
4.1 THM Capital Management provides professional consultancy and advisory services based on the information available, professional experience, analysis and circumstances applicable at the time of the engagement.
4.2 Unless expressly agreed otherwise in writing, our recommendations are advisory in nature and the Client remains responsible for making its own business, financial, operational and management decisions.
4.3 THM Capital Management does not guarantee any particular commercial, financial, investment, operational or business outcome.
4.4 Where appropriate, the Client should obtain independent legal, accounting, tax, financial or other specialist advice before making decisions that fall outside the scope of our engagement.
5. Fees and Payment
5.1 Consultancy fees shall be stated in the relevant quotation, proposal, engagement letter or invoice.
5.2 Unless otherwise specified, invoices are payable within the payment period stated on the invoice.
5.3 THM Capital Management may require an upfront deposit or advance payment before commencing certain services.
5.4 Any third-party costs, government charges, registration fees, professional fees, travel expenses, accommodation, courier charges or other disbursements incurred on behalf of the Client may be charged separately unless expressly included in the agreed fee.
5.5 Late or overdue payments may result in suspension of services until outstanding amounts are settled.
5.6 Where work has already commenced, fees relating to work performed, committed resources and approved expenses remain payable notwithstanding any subsequent cancellation by the Client.
6. Changes to Scope
6.1 Requests for additional work, revisions, meetings, research, documentation or deliverables outside the original scope may constitute a variation.
6.2 THM Capital Management may issue a revised quotation or additional fee proposal for such work.
6.3 Work relating to a variation will generally commence only after the Client has approved the additional scope or fee, unless otherwise agreed.
7. Timelines and Deliverables
7.1 Any timeline provided by THM Capital Management is an estimated timeframe unless expressly stated as a fixed contractual deadline.
7.2 Timelines may be affected by the Client's response time, availability of information, third-party dependencies, regulatory requirements, government authorities or circumstances beyond our reasonable control.
7.3 THM Capital Management shall not be liable for delays caused by matters outside its reasonable control.
8. Confidentiality
8.1 Each party shall treat confidential information received from the other party as confidential and shall not disclose such information to unauthorised third parties except where:
a. disclosure is required by law or a competent authority;
b. disclosure is reasonably necessary for the performance of the engagement;
c. the information is already publicly available through no breach of these Terms; or
d. the Client has provided written consent.
8.2 THM Capital Management may engage employees, consultants, professional advisers or third-party service providers where reasonably necessary to perform the services, subject to appropriate confidentiality obligations.
9. Intellectual Property
9.1 Unless otherwise agreed in writing, intellectual property owned by THM Capital Management prior to the engagement, including methodologies, frameworks, templates, know-how, systems, processes and proprietary materials, shall remain the property of THM Capital Management.
9.2 Subject to full payment of all applicable fees, the Client may use final deliverables prepared specifically for the Client for its internal business purposes.
9.3 The Client shall not reproduce, resell, distribute, sublicense or commercially exploit THM Capital Management's proprietary methodologies, templates or materials without prior written consent.
10. Third-Party Information and Services
10.1 THM Capital Management may rely on information, documents, data, reports or representations supplied by the Client or third parties.
10.2 THM Capital Management does not independently guarantee the accuracy or completeness of information supplied by third parties unless verification is expressly included within the scope of services.
10.3 Where third-party services are required, such services may be subject to the third party's own terms, conditions, fees and policies.
11. No Guarantee of Results
11.1 Consultancy and advisory services involve commercial and operational risks, and outcomes may depend on factors beyond THM Capital Management's control.
11.2 Accordingly, THM Capital Management does not warrant or guarantee:
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business profitability;
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investment returns;
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successful funding or financing;
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successful tender or contract awards;
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regulatory or governmental approval;
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sales or revenue targets;
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market performance;
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business growth; or
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any other specific commercial outcome,
unless expressly stated otherwise in writing.
12. Limitation of Liability
12.1 To the maximum extent permitted by applicable law, THM Capital Management shall not be liable for any indirect, incidental, consequential, special or loss-of-profit damages arising from or relating to the engagement.
12.2 THM Capital Management's liability, where legally applicable, shall be limited to the direct loss reasonably attributable to the services provided and, unless otherwise required by law or expressly agreed in writing, shall not exceed the total consultancy fees actually paid by the Client for the specific engagement giving rise to the claim.
12.3 Nothing in these Terms shall exclude or limit liability to the extent that such exclusion or limitation is prohibited by applicable law.
13. Cancellation and Termination
13.1 Either party may terminate an engagement by providing written notice where permitted under the applicable engagement agreement.
13.2 THM Capital Management may suspend or terminate services where:
a. invoices remain unpaid;
b. the Client materially breaches these Terms;
c. the Client provides misleading, fraudulent or materially inaccurate information;
d. continuing the engagement would create a legal, regulatory or professional conflict; or
e. circumstances make continued performance commercially or legally impractical.
13.3 Upon termination, the Client shall remain responsible for all fees and approved expenses incurred up to the effective date of termination.
13.4 Any non-refundable deposit or payment shall remain subject to the terms stated in the applicable quotation or engagement agreement.
14. Conflict of Interest
14.1 THM Capital Management will take reasonable steps to identify material conflicts of interest.
14.2 Where a potential conflict arises, THM Capital Management may discuss the matter with the affected parties and take appropriate steps, including declining or terminating an engagement where necessary.
15. Data Protection and Privacy
15.1 THM Capital Management may collect, use, store and process personal and business information reasonably necessary to provide its services and administer the Client relationship.
15.2 Such information shall be handled in accordance with applicable Malaysian data protection and privacy laws and THM Capital Management's applicable Privacy Policy.
15.3 The Client represents that it has the necessary authority to provide personal information relating to its employees, representatives, customers or other third parties where such information is supplied to THM Capital Management.
16. Force Majeure
THM Capital Management shall not be liable for failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including natural disasters, pandemics, war, civil unrest, government action, regulatory changes, telecommunications or technology failures, labour disruptions, power outages or other similar events.
17. Communications
17.1 Communications relating to an engagement may be made through email, written correspondence, messaging applications or other communication channels agreed between the parties.
17.2 The Client acknowledges that electronic communications may be subject to technical risks, delays or security vulnerabilities.
17.3 The Client is responsible for ensuring that THM Capital Management has the correct contact details for authorised representatives.
18. Independent Relationship
18.1 THM Capital Management acts as an independent consultancy and service provider.
18.2 Nothing in these Terms shall create a partnership, joint venture, employer-employee relationship, agency or fiduciary relationship between THM Capital Management and the Client unless expressly agreed in writing.
19. Amendments
THM Capital Management reserves the right to update these Terms from time to time. The Terms applicable to a particular engagement shall generally be those accepted by the Client at the commencement of that engagement, unless otherwise agreed in writing.
20. Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of Malaysia.
The parties agree to submit to the jurisdiction of the courts of Malaysia in relation to any dispute arising out of or in connection with these Terms, subject to any alternative dispute-resolution provisions agreed in writing.
21. Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
22. Entire Agreement
These Terms, together with the applicable quotation, proposal, engagement letter, service agreement and other written documents expressly incorporated into the engagement, constitute the agreement between THM Capital Management and the Client in relation to the relevant services.
In the event of any inconsistency, the specific terms of the signed engagement agreement or quotation shall prevail over these general Terms to the extent of the inconsistency.
23. Contact
THM CAPITAL MANAGEMENT
Business & Management Consultancy | Corporate Advisory | Strategic Solutions
Email: [email protected]
Website: thmcapital.tym.global
By engaging THM Capital Management's services, the Client acknowledges and agrees to be bound by these Terms & Conditions.