Terms of Service
Terms and conditions for using Serene Peak's services
Last updated: January 29, 2025
1. Acceptance of Terms
By accessing and using the services provided by Serene Peak Sdn Bhd ("Company," "we," "our," or "us"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Serene Peak Sdn Bhd.
If you do not agree to these Terms, please do not use our services or website.
2. Description of Services
Serene Peak provides remote work consulting and digital transformation services, including but not limited to:
- Remote work strategy development and implementation
- Digital transformation consulting
- Team training and development programs
- Productivity optimization services
- Cybersecurity consulting for remote work environments
- Ongoing support and maintenance services
3. Service Agreement and Scope
3.1 Service Specifications
The specific services, deliverables, timelines, and compensation will be detailed in a separate Service Agreement or Statement of Work (SOW) executed between the parties. These Terms supplement and govern all Service Agreements.
3.2 Client Responsibilities
Clients agree to:
- Provide accurate and complete information necessary for service delivery
- Grant reasonable access to personnel, systems, and information
- Respond promptly to requests for feedback and approvals
- Comply with all applicable laws and regulations
- Maintain confidentiality of proprietary methodologies and information
4. Payment Terms
4.1 Fees and Payment
Payment terms will be specified in the applicable Service Agreement. Unless otherwise stated:
- Invoices are payable within 30 days of receipt
- Late payments may incur interest charges of 1.5% per month
- All fees are exclusive of applicable taxes
- Disputed amounts must be raised within 10 days of invoice receipt
4.2 Refund Policy
Refunds are considered on a case-by-case basis and may be available for:
- Services not delivered due to our failure
- Cancellations made within 48 hours of service commencement
- Mutual agreement between parties
5. Intellectual Property
5.1 Ownership of Deliverables
Unless otherwise specified in the Service Agreement:
- Client retains ownership of their pre-existing intellectual property
- Serene Peak retains ownership of its pre-existing methodologies and tools
- Work products created specifically for Client become Client's property upon full payment
- Serene Peak may retain rights to use general knowledge and experience gained
5.2 License Grants
Each party grants the other a limited, non-exclusive license to use their intellectual property solely for the purpose of performing under the Service Agreement.
6. Confidentiality
Both parties acknowledge they may have access to confidential information. Each party agrees to:
- Maintain strict confidentiality of all non-public information
- Use confidential information solely for the purpose of service delivery
- Implement reasonable security measures to protect confidential information
- Return or destroy confidential information upon request or termination
7. Data Protection and Privacy
We are committed to protecting your personal data in accordance with:
- Malaysia's Personal Data Protection Act 2010 (PDPA)
- Our Privacy Policy (available at serene-peak.com/privacy-policy.html)
- International data protection standards where applicable
8. Limitation of Liability
8.1 Disclaimer of Warranties
Services are provided "as is" without warranties of any kind, express or implied. We disclaim all warranties including merchantability, fitness for a particular purpose, and non-infringement.
8.2 Limitation of Damages
To the maximum extent permitted by law, our total liability shall not exceed the total fees paid by Client in the 12 months preceding the claim. We shall not be liable for:
- Indirect, incidental, or consequential damages
- Lost profits, data, or business opportunities
- Third-party claims or damages
- Force majeure events beyond our reasonable control
9. Termination
9.1 Termination for Convenience
Either party may terminate services with 30 days written notice. Client remains liable for all services performed and expenses incurred prior to termination.
9.2 Termination for Cause
Either party may terminate immediately upon:
- Material breach of these Terms or any Service Agreement
- Insolvency or bankruptcy of the other party
- Failure to pay undisputed invoices within 60 days
10. Acceptable Use Policy
When using our website or services, you agree not to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Transmit malicious code or attempt unauthorized access
- Engage in activities that could harm our reputation or operations
- Use services for any unlawful or prohibited purpose
11. Force Majeure
Neither party shall be liable for delays or failures in performance due to circumstances beyond their reasonable control, including:
- Natural disasters, pandemics, or health emergencies
- Government actions, regulations, or restrictions
- Internet or telecommunications failures
- Labor disputes or strikes
12. Independent Contractor Relationship
Serene Peak operates as an independent contractor. Nothing in these Terms creates an employment, partnership, or joint venture relationship between the parties.
13. Compliance with Laws
Both parties agree to comply with all applicable laws and regulations, including:
- Malaysian business and tax regulations
- Data protection and privacy laws
- Anti-corruption and anti-bribery laws
- Export control and sanctions regulations
14. Dispute Resolution
14.1 Negotiation
Parties will first attempt to resolve disputes through good faith negotiation between senior representatives.
14.2 Mediation
If negotiation fails, disputes will be referred to mediation through the Malaysian Mediation Centre or a mutually agreed mediator.
14.3 Arbitration
Unresolved disputes will be settled through binding arbitration under the Arbitration Act 2005 of Malaysia, conducted in English in Kuala Lumpur.
15. General Provisions
15.1 Governing Law
These Terms are governed by the laws of Malaysia, without regard to conflict of law principles.
15.2 Entire Agreement
These Terms, together with any Service Agreements, constitute the entire agreement between the parties and supersede all prior agreements or understandings.
15.3 Amendment
These Terms may be modified only by written agreement signed by both parties, except for updates to website terms which will be posted with notice.
15.4 Severability
If any provision is found unenforceable, the remainder of these Terms will remain in full force and effect.
15.5 Assignment
Neither party may assign these Terms without the other party's written consent, except in connection with a merger or acquisition.
16. Contact Information
For questions about these Terms of Service, please contact us:
Serene Peak Sdn Bhd
Level 15, Menara Axiata
9 Jalan Stesen Sentral 5
Kuala Lumpur Sentral
50470 Kuala Lumpur, Malaysia
Email: [email protected]
Phone: +60 3-2772 5644
Business Registration: 202001234567 (1234567-A)
These Terms of Service are effective as of January 29, 2025, and supersede all previous versions.