Terms & Conditions

1. Definitions

Throughout these Terms, the following words carry the meanings given below:

• "Agreement" — these Terms & Conditions, together with any signed proposal or engagement letter.
• "We", "Us", "Our" — Cahaya Solutions, with a registered place of business at Lebuh Pantai 27, 10300 George Town, Penang, Malaysia.
• "You", "Client", "User" — any person or business entity that engages our services or accesses our website.
• "Services" — the AI integration consultancy and setup work described on our website and in any agreed proposal.
• "Content" — any text, data, documents, or materials you share with us in connection with a project.
• "Deliverables" — the configured tools, dashboards, documentation, or other outputs we produce for you.

2. Acceptance of Terms

By making an enquiry, signing a proposal, or using our services in any way, you confirm that:

• You are at least 18 years old, or have the authority of a parent, guardian, or employer to act on their behalf.
• You have the legal capacity to enter into a binding agreement.
• You have read and understood these Terms, and accept them without reservation.

If you are entering into this Agreement on behalf of a business, you represent that you have the authority to bind that business to these Terms.

3. Service Description

Cahaya Solutions provides AI integration consultancy and setup services for small businesses in Malaysia. Our current service offerings are:

Services are delivered remotely and in-person as agreed. We operate Monday to Friday, 9 am to 6 pm, and Saturday, 10 am to 2 pm (Malaysia Time). We primarily serve clients in Malaysia.

4. User Responsibilities

To enable us to do our best work for you, you agree to:

• Provide accurate and complete information about your business and its needs.
• Supply access to systems, data, or platforms we need in a timely and cooperative manner.
• Ensure you have the right to share any data or content you give us.
• Nominate a point of contact who can respond to queries during the project.
• Review and give feedback on drafts or configurations within a reasonable time.
• Not use our deliverables for unlawful, harmful, or misleading purposes.
• Not attempt to reverse-engineer, replicate, or resell our methods or outputs without written consent.

Delays caused by late responses or missing information from your side may affect agreed timelines. We will let you know as soon as this becomes a concern.

5. Intellectual Property

Our materials: All methodologies, templates, frameworks, and know-how developed by Cahaya Solutions remain our intellectual property. These are licensed to you on a limited, non-exclusive, non-transferable basis for use in your own business operations.

Your deliverables: Upon receipt of full payment, you own the specific deliverables produced for your project — the configured tools, dashboards, and documentation tailored to your business.

Your content: Any data, documents, or materials you share with us remain yours. You grant us permission to work with this content solely to provide the agreed services.

6. Payment Terms

All prices are quoted in Malaysian Ringgit (RM) and are subject to the following terms:

• A deposit of 50% is due before project work begins. The remaining balance is due upon completion and handover.
• Payment may be made by bank transfer or other agreed methods. Details will be provided in the proposal.
• Invoices are due within 14 calendar days of issue unless otherwise agreed.
• Prices displayed on our website are indicative. Final pricing is confirmed in a written proposal.

Refunds: If you cancel before work begins, your deposit will be returned in full. Once work has commenced, we will assess a fair refund based on work completed to that point. Completed deliverables are non-refundable once accepted.

Late payments may result in a pause in project work until the outstanding amount is settled. We will give reasonable notice before pausing.

7. Service-Specific Terms

The following terms apply specifically to our service engagements:

• Scope: Each service has a defined scope set out in your proposal. Work outside this scope will be quoted separately and requires your written agreement.
• Timelines: Estimated durations are provided in good faith and depend on timely cooperation from your side. We will keep you informed of progress.
• Revisions: Each project includes a reasonable number of revision rounds as described in your proposal. Substantial changes to the brief may attract additional charges.
• Third-party tools: Some services require the use of third-party platforms (e.g., messaging tools, analytics software). Subscription costs for these are your responsibility unless stated otherwise.
• Handover: We will provide written notes and a handover session at the close of each project to help you manage the setup going forward.

8. Confidentiality

We treat your business information with care. Both parties agree to keep the other's confidential information private and not to disclose it to third parties without consent, except where required by law.

Confidential information includes business data, customer records, pricing, strategies, and anything marked confidential or clearly of a sensitive nature. This obligation continues after the conclusion of a project.

9. Disclaimers

Our services are provided with care and good faith. However:

• We do not represent that AI tools will perform without any errors or interruptions.
• The performance of third-party platforms we configure is outside our control.
• Our work is intended to support your business operations, not to replace professional legal, financial, or medical advice.
• Business outcomes — such as sales increases or time saved — depend on many factors, and we make no specific claims about results you will achieve.

Services are provided in good faith and to a professional standard, but without any form of express or implied warranty beyond what is required by Malaysian consumer protection law.

10. Limitation of Liability

To the extent permitted by law, our total liability to you for any claim arising from our services is limited to the amount you paid us for the specific service to which the claim relates.

We will not be liable for:

• Indirect, consequential, or special losses, including lost profits or business interruption.
• Issues arising from your own misuse of the deliverables.
• Downtime or changes made by third-party platforms after handover.
• Delays caused by circumstances outside our reasonable control (force majeure).

11. Indemnification

You agree to indemnify and hold Cahaya Solutions harmless from any claims, damages, or costs (including legal fees) arising from your breach of these Terms, your misuse of the deliverables, or your violation of any third-party rights in connection with materials you provide to us.

12. Termination

Either party may terminate an ongoing engagement by giving 14 days' written notice. In the event of termination:

• You remain responsible for payment of work completed up to the termination date.
• We will deliver any completed work to you promptly.
• Obligations of confidentiality and intellectual property ownership survive termination.

We reserve the right to terminate immediately, without refund, if you use our services in a manner that is harmful, unlawful, or in serious breach of these Terms.

13. Dispute Resolution

These Terms are governed by the laws of Malaysia. If a disagreement arises, we would first like the opportunity to resolve it informally. Please contact us at [email protected] and we will do our best to find a fair resolution within 30 days.

If informal resolution is not possible, the parties agree to submit to the exclusive jurisdiction of the courts of Penang, Malaysia.

14. General Provisions

• Entire Agreement: These Terms, together with any signed proposal, form the complete agreement between us and replace any prior discussions.
• Severability: If any clause is found to be unenforceable, the rest of the Terms remain in effect.
• Waiver: Choosing not to enforce a clause on one occasion does not waive our right to enforce it in the future.
• Assignment: You may not transfer your rights under this Agreement without our written consent. We may transfer our obligations with reasonable notice.
• Notices: Written notices between parties should be sent by email to the addresses on file, or by post to the addresses in the Agreement.

15. Changes to These Terms

We may update these Terms from time to time to reflect changes in how we work or in applicable law. When we do:

• The revised Terms will be published on this page with an updated "Last Updated" date.
• For existing clients with ongoing projects, we will provide at least 14 days' notice of material changes.
• Continued engagement with our services after the effective date of a change constitutes acceptance of the updated Terms.