Terms & Conditions

1. Definitions

• "Cobalt Mynah", "we", "us", "our" — Cobalt Mynah, a customer experience advisory firm registered in Malaysia, with its principal place of business at Level 14, Menara Prestige, Jalan Pinang, 50450 Kuala Lumpur.
• "You", "Client", "User" — any individual or organisation accessing our website or engaging our services.
• "Services" — the customer experience advisory engagements we provide, including the Customer Journey Mapping Session, Service Quality Review, and Experience Improvement Programme, as described on our website.
• "Agreement" — the contract formed between Cobalt Mynah and a Client upon acceptance of a service proposal or confirmation of an engagement, read together with these Terms and Conditions.
• "Deliverables" — any documents, reports, frameworks, or materials produced by Cobalt Mynah in the course of providing Services.
• "Website" — the website accessible at https://cobalty.sbs and any subdomains thereof.

2. Acceptance of Terms

By using this website or engaging our services, you confirm that:

• You are at least 18 years of age and have the legal capacity to enter into a binding agreement.
• Where you act on behalf of an organisation, you have the authority to bind that organisation to these terms.
• You have read, understood, and agree to these Terms and Conditions in full.

Continued use of the website or commencement of an engagement constitutes your acceptance of the current version of these terms.

3. Service Description

Cobalt Mynah provides customer experience advisory services to businesses operating in Malaysia and, at our discretion, other markets. Our current service offerings are:

Service availability is subject to adviser capacity. We reserve the right to decline or discontinue any engagement at our reasonable discretion.

4. User Responsibilities

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

• Provide accurate and complete information in any enquiry or engagement brief.
• Cooperate reasonably with our advisers throughout the engagement, including making relevant staff and information available as agreed.
• Use the website and its content for lawful purposes only.
• Not attempt to gain unauthorised access to any part of our systems or data.
• Not reproduce, republish, or distribute our content or Deliverables without prior written consent.
• Not use our services to facilitate any activity that is unlawful, deceptive, or harmful to others.
• Notify us promptly if circumstances relevant to your engagement change materially.

5. Intellectual Property

All content on this website — including text, graphics, methodologies, and structural frameworks — is the intellectual property of Cobalt Mynah or its licensors and is protected under Malaysian copyright law.

Upon full payment of fees, the Client receives a non-exclusive, non-transferable licence to use the Deliverables for their own internal business purposes. This licence does not extend to resale, redistribution, or use in any advisory or consultancy capacity.

Cobalt Mynah retains ownership of all underlying methodologies, frameworks, templates, and approaches used in delivering Services, even where these are embedded within a Deliverable.

6. Payment Terms

• All fees are stated in Malaysian Ringgit (RM) and are inclusive of applicable taxes unless stated otherwise.
• Payment terms are as specified in the engagement proposal. Where no other terms are stated, 50% is due upon engagement confirmation and the remainder upon delivery of the final Deliverable.
• Accepted payment methods include bank transfer to the account details provided in the proposal.
• Invoices are due within 14 days of the invoice date unless a different period is agreed in writing.
• Cobalt Mynah reserves the right to pause or terminate an engagement where an invoice remains unpaid beyond its due date.
• Fees paid are non-refundable except as set out in Section 7 below or where Cobalt Mynah is unable to deliver the agreed scope.

7. Service Delivery Terms

• The scope, timeline, and Deliverables for each engagement are defined in a written proposal accepted by both parties.
• Material changes to scope requested by the Client after commencement may require a revised proposal and additional fees.
• Timelines are indicative. Cobalt Mynah will communicate promptly if any delay is anticipated, and Clients are expected to do the same where their cooperation affects delivery.
• If a Client cancels an engagement after commencement, fees paid for work completed to the point of cancellation are non-refundable.
• If Cobalt Mynah is unable to complete an engagement due to reasons within our control, we will refund the proportionate share of fees for undelivered work.

8. Confidentiality

Both parties agree to treat as confidential any non-public information shared during an engagement. Cobalt Mynah will not disclose Client business information to third parties except as necessary to deliver the Services or as required by law.

Cobalt Mynah may reference completed engagements in general terms for business development purposes (e.g. "we have worked with a retail company in Kuala Lumpur") without identifying the Client, unless the Client has given explicit written consent to be named.

9. Disclaimers

Cobalt Mynah provides general business advisory services. Our work does not constitute legal, financial, psychological, or regulatory advice. Clients are responsible for their own business decisions and should seek appropriately qualified professionals for matters outside the scope of our services.

The website and its content are provided on an "as available" basis. We do not make any representation that the website will be uninterrupted, error-free, or free from any particular outcome.

Advisory work reflects our professional judgement based on the information available to us. Results and outcomes depend on many factors outside our control, and no specific business outcomes are implied or warranted.

10. Limitation of Liability

To the fullest extent permitted by Malaysian law, Cobalt Mynah's total liability to you in connection with any engagement shall not exceed the total fees paid by you for that engagement.

We are not liable for any indirect, consequential, or incidental losses arising from your use of our website or from any engagement, including loss of business, revenue, or data.

Neither party shall be liable for failure to perform obligations where that failure results from circumstances beyond their reasonable control (force majeure), provided the affected party notifies the other promptly.

11. Indemnification

You agree to indemnify and hold harmless Cobalt Mynah, its advisers, and its representatives from any claims, losses, or expenses (including reasonable legal costs) arising from your breach of these Terms, your misuse of our services, or any inaccurate information you provided that adversely affected the engagement.

12. Termination

• Either party may terminate an engagement by giving written notice if the other party materially breaches these Terms and fails to remedy that breach within 14 days of written notice.
• Cobalt Mynah may terminate immediately if a Client engages in conduct that is harmful, abusive, or materially inconsistent with the purpose of the engagement.
• Upon termination, provisions that by their nature should survive (including confidentiality, intellectual property, payment of fees for completed work, and limitation of liability) shall remain in effect.

13. Dispute Resolution

These Terms and any Agreement are governed by the laws of Malaysia. The courts of Malaysia shall have exclusive jurisdiction over any disputes.

Before commencing any formal proceedings, both parties agree to attempt to resolve any dispute in good faith through direct discussion. If direct resolution is not achieved within 30 days, the parties may seek mediation through the Asian International Arbitration Centre (AIAC) or another mutually agreed body before escalating to litigation.

Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court where necessary to protect their rights.

14. General Provisions

• Entire Agreement: These Terms, together with any accepted engagement proposal, constitute the entire agreement between the parties on the relevant subject matter and supersede prior discussions.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force.
• Waiver: Failure to enforce any provision on a given occasion does not constitute a waiver of that provision.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. Cobalt Mynah may assign its rights as part of a business reorganisation, provided the quality of service is maintained.
• Notices: Formal notices under these Terms should be sent in writing to the addresses or emails specified in the engagement proposal.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last Updated" date at the top of this page. For ongoing engagements, material changes will be communicated in writing. Continued use of our website or services following an update constitutes acceptance of the revised Terms.