Terms & Conditions

1. Definitions

The following terms carry specific meanings throughout this Agreement:

"Agreement"

These Terms & Conditions, together with any engagement letter, statement of work, or proposal accepted by the Client.

"We / Us / Our"

Cendana Tech, a consultancy registered in Malaysia, operating from 91, Jalan Cyber 11, 63000 Cyberjaya, Selangor.

"Client / You"

Any individual, company, or organisation that engages our services or accesses our website.

"Services"

Applied machine learning pilots, data readiness assessments, leadership reading sessions, and related consulting activities offered by Cendana Tech.

"Deliverables"

Software, written assessments, reports, or other outputs produced by us under a specific engagement.

"Client Data"

Data, records, and information supplied by the Client to enable us to perform the Services.

2. Acceptance of Terms

By engaging our services, signing a proposal or statement of work, submitting an enquiry form, or using this website, you indicate that you have read, understood, and agree to be bound by these Terms.

Engagement of our services is available only to individuals and organisations with legal capacity to enter into binding contracts. By accepting these Terms, you confirm that:

• You are at least 18 years of age, or acting on behalf of an organisation with authorised signatory capacity;
• You have the authority to bind yourself or your organisation to these Terms;
• You will use our services only for lawful purposes.

If you do not agree to these Terms, you should not engage our services or make use of this website.

3. Service Description

Cendana Tech provides applied machine learning consultancy to Malaysian businesses. Our current service offerings are:

Services are provided primarily within Malaysia. Engagements for clients outside Malaysia are subject to additional agreement. We do not guarantee availability of any particular service at any given time.

4. User Responsibilities

Clients bear specific responsibilities to enable the delivery of our services effectively and lawfully.

4.1 Data and Access

You agree to provide complete and accurate data relevant to the agreed scope of work. If data you provide has been collected from individuals, you confirm that such collection complied with the Personal Data Protection Act 2010 (Malaysia) and any other applicable law, and that you hold the right to share it with us for the purposes stated.

4.2 Timely Cooperation

You agree to make available appropriate staff and access in accordance with agreed timelines. Delays caused by the Client's failure to cooperate may affect delivery schedules; we bear no responsibility for such delays.

4.3 Prohibited Activities

When using this website or engaging our services, you must not:

• Provide false or misleading information;
• Attempt to access systems or data not within the agreed scope;
• Use any deliverable we produce to cause harm to individuals or third parties;
• Reproduce, resell, or redistribute our proprietary methods or materials without written consent;
• Engage in conduct that violates Malaysian law or any applicable regulation.

5. Intellectual Property

5.1 Our IP

All methodologies, frameworks, training materials, templates, and general intellectual property developed by Cendana Tech — including those developed prior to or independently of any Client engagement — remain our sole property. Nothing in these Terms transfers ownership of such materials to you.

5.2 Deliverable Licence

Subject to full payment of all fees, we grant you a non-exclusive, non-transferable licence to use the specific deliverables produced for your engagement, for internal business purposes only. You may not resell, sublicence, or publicly distribute these deliverables without prior written agreement.

5.3 Client Data

Client Data remains your property. We use it solely to deliver the agreed services. We do not claim any rights over your data and will return or delete it upon written request at engagement end, in line with our Privacy Policy and applicable retention obligations.

6. Payment Terms

6.1 Fees and Currency

All fees are stated and payable in Malaysian Ringgit (MYR). Prices as quoted include any applicable taxes unless stated otherwise. We reserve the right to revise pricing for future engagements, with reasonable advance notice.

6.2 Invoicing

Payment terms are detailed in the engagement letter or proposal. For multi-stage engagements, a deposit may be required prior to commencement. Remaining amounts are invoiced at milestones or completion, as agreed.

6.3 Late Payment

Invoices unpaid beyond the agreed payment period may attract interest at 1.5% per month on the outstanding balance. We reserve the right to pause delivery of services where accounts remain materially overdue.

6.4 Cancellation and Refunds

Deposits are non-refundable once work has commenced. For cancellations requested prior to commencement, deposits may be refunded at our discretion. Work completed to date at the time of cancellation will be invoiced at a pro-rata rate. The refund of any amounts already paid will be determined case by case and communicated in writing.

7. Engagement Terms

7.1 Scope

The scope of each engagement is defined in a written proposal or statement of work agreed upon before work begins. Work outside the agreed scope is subject to a separate quotation and written agreement.

7.2 Timelines

We will make reasonable efforts to meet agreed timelines. Timelines are estimates based on normal conditions and the Client's timely cooperation. Where delays arise from circumstances outside our control, we will inform the Client promptly and propose revised schedules.

7.3 Model Performance

Machine learning models produce probabilistic outputs — they estimate, classify, or predict, and will at times be incorrect. No model we deliver carries a performance assurance beyond what is stated in the specific written assessment accompanying the deliverable. Continued monitoring and human review of model outputs remain the Client's responsibility after handover.

8. Confidentiality

Each party agrees to hold the other's confidential information in strict confidence and not to disclose it to any third party without prior written consent, except where required by law or regulation.

"Confidential information" means any non-public information identified as confidential or that a reasonable person would consider confidential given the nature of the information and circumstances of disclosure. It does not include information that is or becomes publicly known through lawful means, or independently developed by the receiving party without reference to the disclosed information.

These confidentiality obligations survive the termination of any engagement for a period of three (3) years.

9. Disclaimers

Our website and its contents are provided for information purposes. While we take care to keep information accurate, we make no representation that it is current, complete, or error-free at any given time.

Our services are provided on a professional best-effort basis. We do not warrant that any machine learning system will achieve a particular level of accuracy, that assessments will identify every relevant issue, or that recommendations will produce specific business outcomes.

Nothing on this website or in any engagement document constitutes legal, regulatory, financial, or investment advice. Where such advice is needed, you should consult a suitably qualified professional.

10. Limitation of Liability

To the extent permitted by Malaysian law, our total aggregate liability to you arising from or in connection with any engagement shall not exceed the total fees paid by you for that specific engagement.

We shall not be liable for:

• Indirect or consequential loss, including lost profits or data;
• Business interruption;
• Loss arising from your use of model outputs beyond documented parameters;
• Loss caused by factors outside our reasonable control, including infrastructure failure, regulatory changes, or Acts of God.

Nothing in these Terms excludes liability for death or personal injury caused by our negligence, or any other liability that cannot legally be limited.

11. Indemnification

You agree to indemnify, defend, and hold harmless Cendana Tech, its employees, and contractors from any claims, damages, or expenses (including reasonable legal fees) arising from:

• Your breach of these Terms;
• Your use of deliverables in a manner inconsistent with the engagement scope or our written guidance;
• Data you provided that was inaccurate, unlawfully collected, or provided without proper authority;
• Any third-party claim arising from your use of our services.

12. Termination

Either party may terminate an engagement by providing 14 days' written notice, or immediately in the event of a material breach that remains uncured after 7 days' written notice.

Upon termination, all fees for work completed to date become immediately payable. Sections concerning intellectual property, confidentiality, limitation of liability, indemnification, and dispute resolution survive termination.

We reserve the right to suspend or terminate access to our website for any visitor whose conduct violates these Terms or applicable law.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Malaysia. The courts of Malaysia shall have exclusive jurisdiction to resolve any dispute arising under or in connection with these Terms.

13.2 Informal Resolution

Before commencing formal proceedings, the parties agree to attempt to resolve any dispute by direct negotiation. Either party may initiate this process by providing written notice describing the nature of the dispute and the resolution sought. The parties will endeavour to resolve the matter within 30 days of such notice.

13.3 Mediation

Where informal resolution is unsuccessful, either party may refer the dispute to mediation administered by the Asian International Arbitration Centre (AIAC), Kuala Lumpur, before resorting to litigation.

14. General Provisions

15. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, applicable law, or our practices. When we do, we will update the "Last Updated" date at the top of this page.

Changes take effect from the date of publication. Continuing to use our website or engage our services after changes are published constitutes acceptance of the revised Terms. We encourage you to review this page periodically. For active engagements, material changes will be communicated directly.