Terms & Conditions

Section 01 Interpretation

In these Terms, the following words carry the meanings assigned to them below:

• "Claim" means the debt, obligation, or cause of action the Client wishes Selesai to pursue on its behalf.
• "Debtor" means the individual or entity against whom the Claim is directed.
• "Engagement" means the scope of work agreed between the Client and Selesai as set out in the relevant Letter of Engagement or service description.
• "Letter of Engagement" means the written agreement issued by Selesai confirming the scope, fee, and terms of a specific retainer.
• "Disbursements" means court filing fees, process server charges, stamp duty, Commissioner for Oaths fees, search fees, and other out-of-pocket expenses incurred in the course of the Engagement.
• "Website" means the Selesai website at selesaia.info and all pages and subdomains thereof.

Words importing the singular include the plural and vice versa. References to legislation include any amendments or re-enactments from time to time.

Section 02 Scope of Engagement

The scope of each Engagement is defined by the Letter of Engagement issued to the Client. Selesai provides three service tiers, each with a defined scope:

1. Demand Correspondence & Pre-Action Recovery — preparation and service of a letter of demand, practitioner-to-debtor engagement, and a written summary of correspondence. This tier does not include commencement of court proceedings.
2. Recovery Suit & Judgment Enforcement — full representation from filing through to judgment and enforcement, as described in the relevant service description. Enforcement steps pursued will depend on the Debtor's identified asset position and the Client's instructions at each stage.
3. Bankruptcy & Winding-Up Proceedings — representation in statutory demand, petition filing, and creditor-related proceedings as described. Selesai will provide a candid assessment of whether such proceedings are appropriate in the circumstances before any petition is filed.

Work falling outside the agreed scope will be discussed with the Client in advance, and a supplementary Letter of Engagement issued where necessary.

Section 03 Fees & Disbursements

3.1 Professional Fees

Professional fees for each service tier are set out in the relevant service description and confirmed in the Letter of Engagement. Fees are quoted in Malaysian Ringgit (RM) and are inclusive of applicable taxes unless otherwise stated. Published fee amounts are subject to change; the amount applicable to any Engagement is the amount confirmed in the Letter of Engagement.

3.2 Payment Terms

Unless otherwise agreed in writing, fees are payable as follows: a deposit as specified in the Letter of Engagement is due before work commences; any balance is due upon completion of the agreed scope or as otherwise specified. Selesai reserves the right to pause work on a file if fees are materially in arrears.

3.3 Disbursements

Disbursements are not included in the professional fee and will be invoiced separately as they are incurred or estimated in advance where court fees are predictable. The Client authorises Selesai to incur Disbursements reasonably necessary to the Engagement without seeking advance approval for each individual item, subject to reasonable cumulative limits.

3.4 Recovered Costs

Where a court order for costs is obtained in the Client's favour, any costs recovered from the Debtor will be applied first to outstanding Disbursements, then to outstanding professional fees, with any surplus remitted to the Client. The obtaining of a costs order does not reduce the Client's primary fee obligation; enforcement of a costs order against a Debtor is not assured and depends on the Debtor's means.

Section 04 Client Obligations

The Client agrees to:

• Provide full, accurate, and timely instructions, and to promptly inform Selesai of any material developments affecting the Claim.
• Supply all supporting documentation in the Client's possession that is relevant to the Claim, including the underlying agreement or invoice, any acknowledgements of debt, and records of prior payment.
• Not take unilateral action against the Debtor in respect of the Claim without notifying Selesai, as this may affect the strategy or standing of the matter.
• Respond promptly to requests for approval or instruction at critical procedural steps, including settlement offers, enforcement elections, and hearing dates.
• Confirm that all information provided regarding the Claim and the Debtor is, to the best of the Client's knowledge, accurate. Where information later proves to be materially inaccurate, Selesai reserves the right to review the fee arrangement.

Section 05 Confidentiality

Selesai treats all Client information and Claim details as confidential. We will not disclose such information to third parties except: (a) as required to carry out the Engagement (e.g., to the Debtor, process servers, or the court); (b) as required by law, court order, or regulatory obligation; or (c) with the Client's prior consent.

Legal professional privilege attaches to communications made for the dominant purpose of giving or receiving legal advice or for use in anticipated or pending proceedings. Clients should be aware that privilege may be waived by disclosure to third parties and should seek guidance before sharing privileged documents.

Section 06 Personal Data

The collection, use, and storage of personal data in connection with the Engagement is governed by our Privacy Policy, which forms part of these Terms by reference. By instructing Selesai, the Client consents to the processing of personal data as described in that Policy.

Where the Client provides personal data about the Debtor or any other individual, the Client warrants that it is entitled to do so and that Selesai's use of that data for recovery purposes is lawful under the Personal Data Protection Act 2010 (PDPA).

Section 07 Limitation of Liability

7.1 General

Selesai's total liability to the Client in connection with any Engagement, whether in contract, tort, or otherwise, shall not exceed the professional fees actually paid by the Client in respect of that Engagement.

7.2 Consequential Loss

Selesai shall not be liable for any indirect, special, or consequential loss, including loss of revenue, loss of business, or loss of anticipated recovery, arising from or in connection with the Engagement, even if Selesai has been advised of the possibility of such loss.

7.3 Third Parties

Selesai's obligations run solely to the Client. Nothing in these Terms creates rights in favour of any third party, including the Debtor, under the Contracts Act 1950 or otherwise.

7.4 Regulatory Compliance

Nothing in these Terms limits liability for fraud, wilful misconduct, or any liability that cannot by law be excluded or limited.

Section 08 Recovery Outcomes

Selesai will conduct each Engagement with due care and with the aim of achieving the best reasonably available outcome for the Client. However, the Client acknowledges that:

• The outcome of any legal proceeding depends on facts, evidence, and judicial discretion that are not within Selesai's control.
• The enforceability of any judgment obtained depends on the Debtor's assets and financial position at the time of enforcement, which may differ from the Client's expectations.
• Selesai does not represent that any debt will be recovered, in whole or in part, and will not make any such representation to the Client.
• Settlement at any stage is a decision for the Client, made with Selesai's advice. Selesai will present settlement offers fairly and without pressure for early resolution.

Section 09 Termination

9.1 By the Client

The Client may terminate the Engagement at any time by written notice to Selesai. Upon termination, the Client is liable for professional fees for work completed up to the date of termination, calculated on a time-spent basis at Selesai's applicable rate, and all Disbursements incurred. Where a flat-fee deposit has been paid, any portion attributable to work not yet performed may be refunded at Selesai's reasonable discretion.

9.2 By Selesai

Selesai may terminate the Engagement by reasonable written notice in circumstances including: material breach of these Terms by the Client; the Client's failure to provide instructions or pay fees after reasonable notice; a conflict of interest arising during the Engagement; or a circumstance arising that makes continuation of the Engagement professionally improper. In such cases, Selesai will take reasonable steps to protect the Client's immediate interests before withdrawing, including giving adequate notice before any hearing.

9.3 Effect of Termination

On termination, Selesai will transfer the file to the Client or to a nominated successor practitioner, subject to payment of any outstanding fees and Disbursements. Selesai retains the right to retain copies of correspondence and documents for its own records.

Section 10 Website Use

The content on the Selesai website is provided for general informational purposes only and does not constitute legal advice. Reading content on this website does not create a solicitor-client relationship. The legal position described on the website reflects the general law in Malaysia as understood at the time of writing and may not reflect subsequent changes.

Selesai makes reasonable efforts to keep website content current and accurate but does not warrant the completeness, currency, or accuracy of any information presented. Reliance on website content for specific legal decisions is at the reader's own risk.

All intellectual property in the website, including text, layout, and design, is owned by or licensed to Selesai. Reproduction or distribution of website content without prior written consent is not permitted.

Section 11 Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of Malaysia. Any dispute arising from or in connection with these Terms, including disputes as to their formation, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of Malaysia.

Selesai is regulated by the Bar Council of Malaysia under the Legal Profession Act 1976. Clients who have concerns about the conduct of a practitioner may contact the Bar Council at www.malaysianbar.org.my.

Section 12 Amendments to These Terms

Selesai may update these Terms from time to time to reflect changes in law, practice, or our services. The current version will be published on the website with an updated effective date. For ongoing Engagements, material changes will be communicated to affected Clients directly. Continued instruction after notification of changes constitutes acceptance of the revised Terms.

These Terms supersede any prior terms issued by Selesai. In the event of a conflict between these Terms and a Letter of Engagement, the Letter of Engagement shall prevail to the extent of the conflict.

Section 13 Contact & Queries

If you have questions about these Terms, or wish to discuss any aspect before retaining Selesai, please contact us: