Terms & Conditions
Last Updated: 14 February 2025 · Effective Date: 14 February 2025 · Harmoni Counsel
1. Definitions
In these Terms and Conditions, the following terms have the meanings set out below:
- "Agreement" means these Terms and Conditions together with any Engagement Letter issued by Harmoni Counsel.
- "Client" or "You" means the individual, company, or organisation engaging Harmoni Counsel for legal services.
- "Harmoni Counsel", "We", "Us", "Our" refers to Harmoni Counsel, a legal practice registered and operating in Malaysia.
- "Services" means the legal and advisory services described in the Engagement Letter or agreed in writing between the parties.
- "Engagement Letter" means the written confirmation of scope, fees, and terms provided to the Client at the commencement of a matter.
- "Website" means the Harmoni Counsel website accessible at https://harmoonicos.top.
2. Acceptance of Terms
By using our website or engaging our Services, you agree to be bound by these Terms and Conditions. If you do not agree, you should not use our website or engage our Services. These Terms apply to all visitors, users, and clients of Harmoni Counsel.
Our Services are available to persons aged 18 and above who have the legal capacity to enter into binding agreements. By engaging our Services, you confirm that you meet these requirements.
3. Description of Services
Harmoni Counsel provides legal advisory services in the area of insurance law in Malaysia, including:
- Policy Review and Coverage Opinion
- Claims Dispute Representation (including OFS complaints and court proceedings)
- Insurance Programme Structuring for corporate clients
The specific scope of Services for each engagement is set out in a written Engagement Letter agreed between Harmoni Counsel and the Client. Services are subject to availability and our professional obligations as members of the Malaysian Bar.
4. Website Use
The content on our website is provided for general information purposes only and does not constitute legal advice. No solicitor-client relationship is created by use of the website alone.
You may use our website for lawful purposes only. You must not use the website in any way that causes or may cause damage to the website or impairs availability, or in any manner that is unlawful, harmful, or fraudulent.
5. Engagement and Client Obligations
A legal services engagement commences upon the Client's acceptance of an Engagement Letter from Harmoni Counsel. The Client agrees to:
- Provide accurate, complete, and timely instructions and documents
- Inform Harmoni Counsel promptly of any change in circumstances relevant to the matter
- Pay fees in accordance with the agreed payment terms
- Not instruct Harmoni Counsel to act in a manner that would be unlawful or in breach of professional conduct rules
6. Intellectual Property
All content on the Harmoni Counsel website — including text, design, and layout — is the intellectual property of Harmoni Counsel and is protected under Malaysian copyright law. You may not reproduce, distribute, or use any content from this website without our prior written consent.
Written legal advice, opinion letters, and other deliverables produced by Harmoni Counsel for a Client are provided for the Client's use in connection with the specific matter for which they were prepared. They may not be shared with third parties or used for purposes beyond the original engagement without our written agreement.
7. Payment Terms
Fees for our Services are set out in the Engagement Letter and are denominated in Malaysian Ringgit (RM). The following payment terms apply:
- Fixed-fee services (e.g., Policy Review): payable upon acceptance of the Engagement Letter
- Scope-agreed matters (e.g., Claims Dispute Representation): payment schedule set out in the Engagement Letter
- Disbursements (e.g., court filing fees, expert fees): billed separately as incurred
Invoices are payable within fourteen days unless otherwise agreed. Late payment may result in suspension of work on your matter.
Refund terms are set out in the Engagement Letter. As a general principle, fees paid for work already commenced are non-refundable except where required by law or professional conduct rules.
8. Confidentiality
All information disclosed to Harmoni Counsel in the course of an engagement is subject to legal professional privilege and strict confidentiality obligations. We will not disclose your information to third parties except as required by law, court order, or your express instructions. Our Privacy Policy sets out how we handle personal data separately.
9. Disclaimers
Legal advice provided by Harmoni Counsel is based on the information available at the time of the advice and applicable Malaysian law as at that date. Changes in law or in the facts of a matter may affect the accuracy of earlier advice.
Information on our website is provided for general informational purposes only and does not constitute legal advice for any specific situation.
Harmoni Counsel does not provide any assurance as to specific legal outcomes. The conduct of legal matters involves inherent uncertainty and our advice reflects an assessment of the position, not a commitment to a particular result.
10. Limitation of Liability
To the extent permitted by law, Harmoni Counsel's liability for any claim arising from the provision of Services is limited to the fees paid by the Client for the specific matter giving rise to the claim. We shall not be liable for any indirect, consequential, or special losses arising from the provision of or failure to provide Services.
Nothing in these Terms limits liability for fraud, wilful misconduct, or any other liability that cannot be excluded by law.
11. Indemnification
You agree to indemnify Harmoni Counsel against any claims, losses, costs, or liabilities (including legal costs) arising from your breach of these Terms, your misuse of our website, or your provision of incorrect or incomplete instructions that cause loss to Harmoni Counsel or to third parties.
12. Termination
Either party may terminate an engagement by giving written notice, subject to the terms of the Engagement Letter. Harmoni Counsel may cease acting for a Client in circumstances permitted under the Legal Profession Act 1976 and the Bar Council's Rules on Professional Conduct.
Upon termination, the Client remains liable for fees for work performed up to the date of termination. Clauses relating to intellectual property, confidentiality, indemnification, and limitation of liability survive termination.
13. Dispute Resolution
In the event of a dispute arising from or in connection with our Services, the parties shall first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved informally within thirty days, it may be referred to mediation.
These Terms and any engagement with Harmoni Counsel are governed by the laws of Malaysia. The courts of Malaysia shall have exclusive jurisdiction over any dispute arising from these Terms or our Services.
14. General Provisions
- Entire Agreement: These Terms, together with the relevant Engagement Letter, constitute the entire agreement between the parties in respect of the Services.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force.
- Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
- Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.
- Notices: Notices shall be given in writing by email or post to the addresses set out in the Engagement Letter.
15. Changes to These Terms
We may update these Terms and Conditions from time to time. The revised Terms will be posted on this page with a new "Last Updated" date. Your continued use of our website or engagement of our Services after changes are posted constitutes acceptance of the revised Terms.
16. Contact
For legal queries relating to these Terms:
- Email: [email protected]
- Post: Harmoni Counsel, 22-A, Pusat Harmoni, Jalan SS 15/4, 47500 Subang Jaya, Selangor, Malaysia
- Phone: +60 3-8946 2173