Terms & Conditions

1. Definitions

In these Terms and Conditions, the following terms carry the meanings described below:

"Agreement": These Terms and Conditions, together with any engagement letter, fee schedule, or proposal accepted by the Client.
"We / Us / Our": Northwyn, a technology and cyber law practice registered and operating in Malaysia, with principal address at 14 Jalan Teknologi, Cyberjaya, 63000 Selangor.
"You / Client": Any individual or organisation accessing this website or engaging Northwyn's advisory services.
"Services": The technology law advisory services offered by Northwyn, including data protection advisory, cybersecurity incident legal coordination, and technology contract drafting and review.
"Content": All text, documentation, legal analysis, templates, and materials made available through the website or delivered as part of a Service engagement.
"Website": The Northwyn website accessible at https://northwyn and all associated pages.

2. Acceptance of Terms

By accessing our website or submitting an enquiry, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. If you are acting on behalf of an organisation, you represent that you have authority to bind that organisation to this Agreement.

Our services are intended for individuals and organisations aged 18 years or older, or the legal equivalent of an adult in their respective jurisdiction, who have the legal capacity to enter into a binding agreement.

If you do not agree to these terms, please refrain from using this website or engaging our services.

3. Service Description

Northwyn provides specialist advisory services in the intersection of technology and law in Malaysia. Our current service areas include:

Data Protection & Privacy Advisory — Compliance support under the Personal Data Protection Act 2010, including data assessments, policy drafting, and DPO advisory support.
Cybersecurity Incident Response — Legal coordination following data breaches, regulatory liaison with the JPDP, incident report preparation, and contractual security review.
Technology Contract & Licensing — Drafting and reviewing software licences, SaaS agreements, development contracts, and IT outsourcing arrangements.

Service scope, deliverables, and timelines for each engagement are set out in a separate engagement letter or proposal. These Terms apply alongside and do not replace the terms of any engagement letter.

We reserve the right to decline any engagement at our discretion, including where a conflict of interest exists or where the scope falls outside our current practice areas.

4. Your Responsibilities

When using our website or engaging our services, you agree to:

Provide accurate and complete information when submitting enquiries or instructing us on a matter
Promptly notify us of any material changes to information that affects the scope or nature of our engagement
Not use the website in any manner that is unlawful, harmful, or disruptive to others
Not attempt to gain unauthorised access to any part of our website or infrastructure
Not transmit any malicious code, scripts, or materials that could damage or interfere with our systems
Respect the intellectual property rights in all content made available through the website or as part of an engagement
Maintain the confidentiality of any credentials or access links we may provide for document sharing or collaboration

5. Intellectual Property

All content on the Northwyn website — including text, design elements, layout, and documentation — is the property of Northwyn or its licensors and is protected under applicable Malaysian intellectual property laws.

We grant you a limited, non-exclusive, non-transferable licence to access and view website content for your personal or internal business purposes. This licence does not permit reproduction, distribution, or commercial exploitation of any content without our prior written consent.

Work product delivered to you as part of a service engagement — such as drafted agreements, legal memoranda, or advisory reports — is provided for your use in the specific matter for which it was prepared. Unless otherwise agreed in writing, Northwyn retains all underlying precedents, methodologies, and template frameworks.

6. Payment Terms

Fees for our services are denominated in Malaysian Ringgit (MYR) and are as set out in the relevant engagement letter or proposal. General payment terms are as follows:

Invoices are payable within 14 days of the date of issue unless otherwise agreed in writing
A deposit or upfront payment may be required before work commences on certain engagements
Late payments may attract a handling fee at our discretion, and we reserve the right to suspend work until outstanding balances are settled
All fees are exclusive of applicable taxes; you are responsible for any taxes that apply to the services in your jurisdiction
Scope changes that materially expand the original engagement may result in revised fees, which will be communicated to you before additional work proceeds

Refunds: As our services involve professional time and expertise, fees paid for work already completed are generally non-refundable. If an engagement is terminated before completion, we will invoice for work done to date on a pro-rata basis and refund any balance held on account.

7. Service-Specific Terms

Data Protection Advisory

Our advisory is based on the information you provide and the state of Malaysian law at the time of the engagement. We are not responsible for regulatory changes that occur after the delivery of our work product. Assessments and policies we prepare reflect our legal analysis and do not constitute a representation that your organisation is compliant.

Cybersecurity Incident Response

Incident response engagements are time-sensitive. You agree to provide timely access to relevant information and personnel. Our legal coordination does not extend to technical forensic investigation unless a third-party specialist is engaged separately. We cannot represent that regulatory or litigation outcomes will be favourable.

Technology Contract & Licensing

Contracts we draft or review are based on your instructions and the transaction documents provided to us. We are not responsible for errors arising from incomplete or inaccurate instructions. Our work product reflects legal analysis under Malaysian law; cross-border implications require separate advice under the relevant foreign jurisdiction.

8. Disclaimers

Our website content is provided for general information purposes only and does not constitute legal advice. No solicitor-client relationship is formed by your use of this website or submission of an enquiry unless confirmed in a formal engagement letter.

We make reasonable efforts to ensure that the information on this website is accurate and current. However, we do not make any representation or warranty — express or implied — as to its completeness, accuracy, or fitness for any particular purpose.

The website is provided on an "as available" basis. We do not commit to uninterrupted access and may modify or withdraw any part of the website without notice.

9. Limitation of Liability

To the fullest extent permitted by Malaysian law, Northwyn shall not be liable for any indirect, incidental, consequential, or special damages arising from your use of the website or our services, including but not limited to loss of profits, data, or business opportunity.

Our total liability for any claim arising from a service engagement shall not exceed the fees paid by you for the specific engagement from which the claim arises.

Nothing in these Terms limits our liability for fraud, wilful misconduct, or any liability that cannot be excluded under applicable Malaysian law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Northwyn and its personnel from any claims, damages, losses, or expenses (including legal fees) arising from your breach of these Terms, your misuse of the website, or any inaccurate or incomplete information you provide in the course of an engagement. This indemnity does not apply where the claim arises from our own negligence or wilful default.

11. Termination

Either party may terminate an engagement by providing written notice in accordance with the terms of the relevant engagement letter. In the absence of specific terms, either party may withdraw from an engagement by giving 14 days written notice.

Upon termination, you remain responsible for fees for work completed to the termination date, and we will provide you with all work product prepared on your behalf up to that point. Clauses relating to intellectual property, payment, confidentiality, limitation of liability, and dispute resolution survive termination.

12. Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Malaysia. Any dispute arising from or in connection with these Terms or an engagement shall first be referred to informal resolution by direct discussion between the parties.

If the dispute is not resolved within 30 days of written notice, either party may refer the matter to mediation through the Malaysian Mediation Centre (MMC) or, failing settlement, to the jurisdiction of the courts of Malaysia seated in Kuala Lumpur.

Nothing in this clause prevents either party from seeking urgent injunctive or interlocutory relief from a court of competent jurisdiction.

13. General Provisions

Entire Agreement: These Terms, together with any applicable engagement letter, constitute the entire agreement between the parties and supersede all prior discussions on the subject matter.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.

Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision on any future occasion.

Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our obligations where there is a legitimate business reason, provided your rights are not materially affected.

Notices: Formal notices under these Terms should be sent in writing to legal@northwyn or by post to our registered address.

14. Changes to These Terms

We may update these Terms from time to time to reflect changes to our services, applicable law, or our operational practices. Updated Terms will be posted on this page with a revised "Last Updated" date.

For ongoing engagements, material changes to these Terms will be communicated to affected clients directly. Continued engagement with our services after an update constitutes your acceptance of the revised Terms.