Terms & Conditions

1. Interpretation

In these terms, "Firm", "we", and "us" refer to Benteng Emas, a legal practice operating from Lebuh Pantai, 10300 George Town, Penang, Malaysia. "Website" means the site accessible at bentenge.biz and any related pages. "Client" or "you" refers to any individual who uses this website or engages the Firm's services. "Services" means the legal services described on the Solutions page, including entitlement checks, dispute assessments, and case representation.

References to Malaysian law include any amendments, statutory instruments, or regulations made under relevant Acts from time to time.

2. Website Use

You may use this website for lawful purposes relating to the Firm's legal services. You agree not to:

• Attempt to gain unauthorised access to any part of the website or its underlying systems
• Transmit any malicious code, automated queries, or content that may disrupt website operation
• Reproduce, redistribute, or commercially exploit website content without prior written consent
• Use the website in a manner that violates any applicable Malaysian law or regulation

We reserve the right to restrict access to the website at any time without notice. The website is provided on an "as is" basis. We do not warrant that it will be available at all times or free from errors.

3. Website Content Does Not Constitute Legal Advice

All content published on this website — including service descriptions, FAQ answers, case summaries, and testimonials — is provided for general informational purposes only. It does not constitute legal advice and must not be relied upon as such.

A solicitor-client relationship is only formed when the Firm has confirmed acceptance of your matter in writing and the relevant service fee has been received. General enquiries, website submissions, and initial telephone conversations do not create a legal relationship or duty of care between you and the Firm.

Legal outcomes described on this website (including in case studies and testimonials) reflect individual circumstances and past experience. They are not indicative of likely outcomes in any future matter.

4. Engagement of Services

Commencement

Services commence upon the Firm's written confirmation of your matter and receipt of the applicable service fee. No work will be undertaken prior to confirmation and payment.

Scope confirmation

The scope of each service is as described on the Solutions page of this website. Where your matter falls outside the standard scope, the Firm will inform you before undertaking additional work. Any variation in scope must be agreed in writing.

Conflict of interest

The Firm will conduct a conflict check before confirming any engagement. If a conflict is identified, the Firm will decline the matter and refund any fee received, without further obligation.

5. Fees and Payment

Service fees

Current service fees are as listed on the Solutions page. All fees are quoted in Malaysian Ringgit (RM) and are inclusive of applicable taxes unless otherwise stated.

• Entitlement Check and Advisory Note: RM 300
• Dispute Assessment with Written Opinion: RM 820
• End-to-End Pension Case Representation: RM 3,580

Payment terms

Fees are payable in full upon engagement before work commences. Accepted payment methods will be confirmed at the time of engagement. Receipts are issued for all payments received.

Disbursements

The above fees do not include filing fees, court fees, or other disbursements that may be incurred in the course of representation. The Firm will obtain your prior approval before incurring any disbursement above RM 100. Disbursements are charged at cost.

Refund policy

Fees for advisory notes and written opinions are non-refundable once work has commenced. For representation matters, fees paid will be refunded on a pro-rata basis for work not yet undertaken, if you provide written notice of termination. No refund will be issued in respect of work already completed.

6. Scope of Representation

The Firm's representation is limited to the matter and scope confirmed in writing at the time of engagement. The Firm does not undertake to advise on:

• Tax implications arising from pension recoveries
• Financial planning or investment decisions
• Matters outside Malaysian jurisdiction
• Criminal proceedings, even if connected to a pension matter

Where your matter raises issues outside the agreed scope, the Firm will inform you and, if appropriate, recommend that you seek separate advice in those areas.

7. Client Obligations

You agree to:

• Provide accurate, complete, and timely information and documents relevant to your matter
• Inform the Firm promptly of any change in circumstances that may affect your matter
• Respond to requests for instructions within a reasonable period
• Not provide instructions that would require the Firm to act contrary to the Legal Profession Act 1976 or any applicable code of professional conduct

The Firm accepts no responsibility for delays or adverse outcomes arising from incomplete or inaccurate information provided by the client.

8. Confidentiality

All information shared with the Firm in connection with a matter is held in confidence, subject to legal professional privilege. We will not disclose client information to third parties except where:

• You have given written consent
• Disclosure is required by Malaysian law, court order, or professional regulatory body
• Disclosure is necessary to prevent the commission of a serious criminal offence

General communications made through the website contact form prior to formal engagement are treated with discretion but do not attract legal professional privilege until an engagement is confirmed.

9. Intellectual Property

All content on this website — including text, layout, design, and the Benteng Emas name and branding — is the property of the Firm or its licensors and is protected under applicable Malaysian intellectual property law.

Documents prepared by the Firm for a specific client matter (advisory notes, written opinions, pleadings) are provided for the client's personal use in connection with that matter. They may not be reproduced for commercial purposes, shared publicly, or used in other proceedings without the Firm's written consent.

10. Limitation of Liability

Nothing in these terms limits or excludes liability that cannot be excluded by law, including liability for fraud or death or personal injury caused by negligence.

Subject to the above:

• The Firm's total liability to you in connection with any matter shall not exceed the fee paid for the relevant service
• The Firm is not liable for indirect, consequential, or speculative losses, including loss of income, loss of pension expected but not recovered, or loss arising from decisions made based on the Firm's advice where the client has been clearly informed of the limits of that advice
• The Firm is not liable for outcomes in matters where the client has not followed the Firm's written recommendations or has provided incomplete information

Professional indemnity insurance is maintained by the Firm throughout its operation in compliance with Malaysian Bar requirements.

11. Termination

By the client

You may terminate the Firm's engagement at any milestone by providing written notice. Fees for work already completed are non-refundable. The Firm will provide a file summary of work completed and hand over any client documents upon your request.

By the Firm

The Firm may withdraw from a matter where continued engagement would breach professional conduct rules, where you have not provided instructions or information within a reasonable time, or where trust has broken down to a degree that makes continued representation impractical. In such cases, the Firm will provide reasonable notice and ensure that your position is not materially prejudiced by the withdrawal.

12. Third-Party Links

This website may contain links to external websites for reference purposes. These links do not constitute an endorsement of the linked content. The Firm accepts no responsibility for the accuracy, availability, or content of external sites, and is not liable for any loss or damage arising from their use.

13. Governing Law and 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 the engagement of the Firm's services shall be subject to the jurisdiction of the courts of Malaysia.

Before commencing formal proceedings, both parties agree to attempt to resolve any dispute through good-faith correspondence for a period of not less than twenty-one days from the date the dispute is first raised in writing.

14. Changes to These Terms

We may update these terms from time to time. Updated terms will be published on this page with a revised effective date. For existing matters, the terms in force at the time of engagement shall continue to apply unless you agree in writing to the updated terms.

Continued use of the website following the publication of updated terms constitutes acceptance of those terms for website use purposes.

15. Contact

For questions or concerns about these terms, please contact us:

• Email: [email protected]
• Address: Lebuh Pantai, 10300 George Town, Penang, Malaysia
• Telephone: +60 4-264 5173
• Office hours: Monday – Friday, 9:00 am – 5:30 pm; Saturday, 9:00 am – 1:00 pm