Terms & Conditions
These Terms and Conditions govern your engagement with Perwira Law and the use of our environmental legal services. Please read them carefully before proceeding.
Table of Contents
Definitions
Throughout these Terms and Conditions, the following terms carry the meanings set out below:
- "Agreement" — these Terms and Conditions together with any engagement letter, fee proposal, or service schedule signed between you and Perwira Law.
- "Firm" / "We" / "Us" / "Our" — Perwira Law, a legal practice registered in Malaysia, with principal offices at No. 52, Jalan Sultan Ismail, 50250 Kuala Lumpur.
- "Client" / "You" / "Your" — any individual, company, or organisation that engages the Firm for legal services or contacts us through our website or office.
- "Services" — the environmental legal advisory, compliance, litigation, and regulatory defence services provided by the Firm as described in the relevant engagement letter or service schedule.
- "Content" — all documents, advice, reports, written opinions, templates, and materials produced by the Firm in the course of providing Services.
- "Regulator" — the Department of Environment (DOE), Ministry of Natural Resources and Environmental Sustainability, or any other Malaysian statutory authority with jurisdiction over environmental matters.
- "Website" — the firm's website accessible at https://perwiraslaw.sbs and all associated pages.
Acceptance of Terms
By engaging Perwira Law for any legal service, submitting an enquiry through our website, or signing an engagement letter, you confirm that:
- You have read, understood, and agree to be bound by these Terms and Conditions in full.
- You are at least 18 years of age and have the legal capacity to enter into a binding agreement under Malaysian law.
- Where you act on behalf of a company or organisation, you have the authority to bind that entity to these Terms.
- You acknowledge that these Terms may be supplemented by a separate engagement letter, which will prevail in the event of any conflict on matters of scope or fees.
If you do not agree with any part of these Terms, you should not engage our Services or use this Website.
Service Description
Perwira Law provides specialist environmental legal services to project proponents, industrial operators, and businesses operating within Malaysia's regulatory framework. Our principal service areas include:
Environmental Impact Assessment Legal Support
Advisory and representation for prescribed activities under the Environmental Quality Act 1974 (EQA), covering EIA preparation, DOE submissions, objection response, and conditions of approval compliance.
Pollution Control & Waste Management Compliance
Licensing advisory for scheduled waste management, effluent discharge compliance, clean air and noise regulation, compliance audits, and environmental licence applications.
Environmental Litigation & Regulatory Defence
Representation in response to enforcement actions, compounding notices, stop-work orders, tribunal proceedings, civil environmental claims, and director liability advisory.
Service availability is subject to conflict checks, jurisdictional requirements, and the scope agreed in writing with the Firm. Services are provided within Peninsular Malaysia and the Federal Territories unless otherwise agreed.
User Responsibilities
As a client or website user, you agree to the following obligations:
4.1 Accurate Information
You must provide accurate, complete, and timely information as requested by the Firm. Incomplete or misleading information may affect the quality of advice and may constitute grounds for terminating the engagement.
4.2 Timely Cooperation
You agree to cooperate with the Firm's reasonable requests, including producing documents, attending meetings, and providing instructions within timeframes relevant to regulatory deadlines.
4.3 Acceptable Use of Website
You agree not to use the Website for any unlawful purpose, to transmit harmful or offensive content, to attempt to gain unauthorised access to our systems, or to use automated tools to scrape or collect information without written permission.
4.4 Confidential Instructions
Instructions provided to the Firm are subject to legal professional privilege. You agree not to disclose to third parties the substance of legal advice received without the Firm's written consent, except as required by law.
Intellectual Property
All documents, templates, written opinions, reports, legal frameworks, and other materials produced by Perwira Law remain the intellectual property of the Firm unless otherwise agreed in writing. A limited, non-exclusive, non-transferable licence is granted to the Client to use such materials solely for the purpose for which they were created under the relevant engagement.
Clients may not reproduce, distribute, publish, or adapt any Content produced by the Firm for commercial purposes or on behalf of third parties without prior written consent.
All website content — including text, graphics, logos, and layout — is owned by Perwira Law and protected under Malaysian copyright law. Unauthorised reproduction is not permitted.
Payment Terms
All fees are denominated in Malaysian Ringgit (RM) and are subject to applicable taxes including Sales and Service Tax (SST) where applicable.
Invoicing
Invoices are issued upon engagement confirmation or at agreed milestones. Payment is due within 14 calendar days of the invoice date unless stated otherwise.
Accepted Methods
Bank transfer, online banking (IBG/FPX), or cheque made payable to Perwira Law. Specific account details are provided with each invoice.
Refund Policy
Fees paid for work already commenced are non-refundable. Where an engagement is terminated before commencement, fees paid in advance will be reviewed and refunded proportionately at the Firm's discretion.
Late Payment
Overdue invoices may attract interest at 1.5% per month. The Firm reserves the right to suspend services on accounts with outstanding balances exceeding 30 days.
Service-Specific Terms
7.1 Regulatory Advisory Services
Legal advice on EIA requirements, pollution control, and waste management compliance reflects the regulatory position at the time advice is given. Clients are responsible for monitoring subsequent regulatory changes. The Firm will endeavour to advise on material changes where an ongoing retainer is in place.
7.2 Litigation and Tribunal Representation
Engagement for litigation or tribunal proceedings requires a separate written retainer. The Firm will provide a realistic assessment of proceedings but does not commit to particular outcomes. Regulatory decisions remain at the authority of the relevant Regulator.
7.3 Scope Changes
Any material change to the agreed scope of work must be confirmed in writing by both parties. Additional fees may apply for scope extensions, which will be communicated and agreed before work proceeds.
Disclaimers
General information on this Website is provided for educational purposes only and does not constitute legal advice. Reliance on website content without engaging the Firm for a formal advisory service is at the user's own risk.
Legal outcomes in environmental regulatory matters depend on factual circumstances, regulatory discretion, and judicial interpretation. Perwira Law does not warrant any particular outcome in dealings with the Department of Environment or other authorities.
Services are provided on an "as available" basis, subject to lawyer availability, conflict checks, and jurisdictional capacity. The Firm reserves the right to decline any engagement at its reasonable discretion.
Limitation of Liability
To the fullest extent permitted by Malaysian law, Perwira Law's aggregate liability to any Client arising from or in connection with the Services shall not exceed the total fees paid by that Client for the specific matter giving rise to the claim.
The Firm shall not be liable for indirect, consequential, or incidental losses including loss of profit, business opportunity, or regulatory penalties arising from reliance on advice where information provided by the Client was incomplete or inaccurate.
Nothing in these Terms limits liability for fraud, wilful misconduct, or professional negligence where applicable under the Legal Profession Act 1976 or the Bar Council Malaysia's professional standards.
Indemnification
You agree to indemnify and hold harmless Perwira Law, its solicitors, and administrative staff from any claims, losses, damages, costs, or expenses (including reasonable legal fees) arising from:
- Your breach of these Terms and Conditions;
- Inaccurate or incomplete information provided to the Firm;
- Your use of the Website in violation of applicable laws; or
- Third-party claims arising from actions you took based on advice rendered outside the agreed scope.
Termination
11.1 Client-Initiated Termination
A client may terminate an engagement by providing written notice to the Firm. Fees for work already completed or in progress at the time of notice remain payable.
11.2 Firm-Initiated Termination
Perwira Law may terminate an engagement where: fees remain unpaid beyond 30 days; the client provides misleading information; instructions conflict with the Firm's professional obligations; or a conflict of interest arises that cannot be resolved.
11.3 Effect of Termination
Upon termination, outstanding fees become immediately due. Provisions on intellectual property, confidentiality, limitation of liability, and dispute resolution survive termination.
Dispute Resolution
These Terms and any dispute arising from them are governed by the laws of Malaysia. The parties agree to submit to the exclusive jurisdiction of the courts of Malaysia, and specifically the courts within the Federal Territory of Kuala Lumpur.
Before commencing formal legal proceedings, the parties agree to seek resolution through good-faith negotiation for a period of not less than 30 calendar days from the date of written notice of the dispute.
Where a fee dispute arises, clients may also raise the matter with the Bar Council Malaysia's Complaints Committee in accordance with the Legal Profession Act 1976.
General Provisions
Entire Agreement
These Terms, together with any signed engagement letter, constitute the entire agreement between the parties and supersede prior understandings.
Severability
If any provision is found unlawful or unenforceable, it shall be severed without affecting the remaining provisions.
Waiver
Failure to enforce any right under these Terms does not constitute a waiver of that right in future instances.
Assignment
You may not assign your rights under these Terms without written consent. The Firm may assign its obligations to a successor entity in the event of merger or restructuring.
Notices
Formal notices should be sent in writing to our registered office or to [email protected].
Language
These Terms are written in English. In case of any translation, the English version prevails.
Changes to These Terms
Perwira Law may update these Terms from time to time to reflect changes in law, regulatory requirements, or our service offering. The updated version will be published on this page with a revised "Last Updated" date.
For ongoing engagements, material changes to these Terms will be communicated by email to your registered contact address. Continued engagement with the Firm after the effective date of any change constitutes acceptance of the revised Terms.
Contact Information
For questions regarding these Terms and Conditions, please reach us through any of the following channels:
Legal Enquiries
Telephone
+60 3-2148 6739
Office Address
No. 52, Jalan Sultan Ismail, 50250 Kuala Lumpur