GENERAL TERMS AND CONDITIONS
1.0 Conditions of Use
1.1 Welcome to our Website! If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following General Terms and Conditions, together with any of the more Specific Terms and Conditions associated with the services offered through this Website for the company incorporation services and other ancillary services in a jurisdiction of your choice. Please read the following carefully as they may affect your rights and your use of our Website. If you disagree with any part of these terms and conditions, please do not use our Website.
2.0 Definition and Interpretation
The following definitions shall apply –
2.1 “Website”, “Web site”, “Site” or “page” means the website you are visiting or browsing when you click on a link to these General Terms and Conditions, including all subsidiary pages.
2.2 “We”, “our” or “us” shall mean HMR Konsultan, its affiliated companies and, where applicable, “Konsultan” also refers to its officers, employees, and its authorised representatives and agents where the context so permits. Kindly also note that because these General Terms and Conditions apply to more than one websites, references to "we" or "us" in the terms and conditions means the company or other organisation that is identified on the pages of the websites you were browsing when you were referred to these General Terms and Conditions.
2.3 “HMR Konsultan” constitutes HMR Konsultan Sdn Bhd, its subsidiaries and affiliates, all their officers, employees, agents, nominees and its respective successors in title and assigns.
2.4 “HMR Konsultan Group” refers to our group of affiliated companies which consists of HMR Konsultan Sdn Bhd and HMR Konsultan (Labuan) Ltd.
2.5 “You” or “your” or “Client” refers to any person to whom HMR Konsultan provides the services through this Website and, in the case of an individual, includes his heirs, personal representatives and assigns and, in the case of body corporate, includes its successors and assigns.
2.6 “Appointee” shall mean any individual or corporation provided by HMR Konsultan who shall act as a director or other officer, shareholder, member, trustee, company secretary, signatory, authorised representative or any Entity or any agents or delegates engaged by HMR Konsultan to perform all or any parts of the Services.
2.7 “Services” shall mean all the services carried out for and on behalf of or in connection with the Client or any Entity (whether before, during or after its establishment) by HMR Konsultan or any Appointee or Employee, including without limitation to company incorporation, management, corporate and administrative, registered agent, registered office address, company secretary, corporate secretarial, nominees, officers, bank account opening assistance and other ancillary services offered through this Website and provided by HMR Konsultan to the Client.
2.8 “General Terms and Conditions” shall mean these terms and conditions, as amended or supplemented at the relevant time.
2.9 “Specific Terms and Conditions” shall mean the specific terms and conditions tailored to cover any service that you may acquire through this Website, and which takes priority over these General Terms and Conditions to the extent of any conflict between them.
2.10 “Entity” shall mean and this includes body corporate (of whatever kind), partnership, trust or foundation incorporated or brought into existence in any part of the world, in respect of which the Services are provided and shall include, where the context permits, a structure including two or more of the foregoing.
2.11 “Agreement” shall mean any agreement in writing entered between HMR Konsultan and the Client in connection to the Services.
2.12 “HMR Konsultan’s Website” shall mean the internet pages found in www.hmrkonsultan.com.
2.13 “Fee” or “Fees” shall mean any fees, prices, charges, fee schedule or fee package issued from time to time by HMR Konsultan, whether or not published on this Website, in respect of the Services provided by HMR Konsultan.
2.14 “Business Day” shall mean a day on which our office is ordinarily open for business, which is ordinarily any day other than weekend (Saturday and Sunday) and public holidays in Brunei Darussalam.
2.15 “Employee” shall mean the directors, officers, consultants and employees of HMR Konsultan.
2.16 “Termination” shall mean the termination for any reason of HMR Konsultan’s agreement to provide the Services.
2.17 The word “person” shall include corporation. Words denoting the singular shall include the plural and vice-versa, and words denoting any gender shall include both the other genders.
3.0 Provision of Services
3.1 When requesting for services each time, you will be asked to provide your name and email address. This will allow us to contact and communicate with you regarding your company application and submit for order of our Services.
3.2 The Specific Terms and Conditions shall apply to all contracts you make with us or with our affiliate specific to the Services provided or to be provided by that affiliate. Each time you use of our Services or the Services of our affiliate you are offering to contract with us or with our affiliate on the basis of the current Specific Terms and Conditions at that time, in connection to the jurisdiction you intend to incorporate your company. When submitting, this constitutes agreement to our or of our affiliate’s Specific Terms and Conditions.
3.3 HMR Konsultan will provide or procure the provision of the Services and such further services as may be requested by and agreed from time to time with the Client or any Entity in writing until Termination.
3.4 Our Services shall consist of the services listed and described in this Website. Any additional work or request for customised services shall be subject to an additional fee, depending on the work or customised services to be undertaken by us. In whichever case, such request for additional work or customised services are subject to our agreement and negotiation of fees in advance. Any alterations to our standard Memorandum and Articles of Association or our standard corporate documents or incorporation of a company with your own documentation shall be subject to an additional fee.
3.5 HMR Konsultan shall act in accordance with all reasonable instructions given to it by the Client provided such instructions are compatible with the specification of Services provided in the Specific Terms and Conditions.
3.6 HMR Konsultan reserves the right to decline, without giving any reason, to accept or process any application to subscribe for the Services.
3.7 Legal, tax and audit advisory are not included in our services. You will need to arrange these separately. You are advised to seek independent advice before you subscribe to our Services from this Website. We assume you have sought proper advice accordingly. If you have not yet taken such advice, please do not proceed with your application with us until you have done so.
3.8 You are presented with a range of services depending on the jurisdiction of your choice. It is your responsibility to ensure that you read and understand the choice you are making before you proceed to submit for application. You are most welcome to contact us during Brunei’s office hours if you are unsure about anything before you proceed with your application. Whilst we will attempt to respond to your enquiries promptly, we cannot guarantee to do so as it remains your responsibility to take advice about the package or services you intend to subscribe before your application is placed.
4.0 Fees and Payments
4.1 The fees payable for the Services that you apply or subscribe are set out in the fee schedule. HMR Konsultan reserves the right to vary the fees from time to time and post such changes in this Website. If any other services which are not included in the fee schedule, such services and the fees will be made available upon request.
4.2 Payments will be made using the procedure as set out by us when contacted. Fees for the provision of selected Services will be confirmed at the time of your request. You agree to pay the fees as set out in the fee schedule for the selected Services by agreeing our terms and conditions.
4.3 HMR Konsultan shall retain ownership of your company until full payment is received.
5.0 Your Obligations
5.1 We accept your application on the basis that the person applying is liable to pay us for the Services. You will be liable to pay for any services applied until we receive notice from you to the contrary.
5.2 We only provide the Services on the basis that you have given us your full declaration as per the application form you submitted to us.
5.3 It is your responsibility to ensure that any company name or domain name you choose is available for incorporation or registration and the company name can be lawfully used by you. We accept no liability for your choice of name. You are responsible for ensuring that your choice of company name or domain name does not infringe any intellectual property rights of any other person in Brunei Darussalam or in Malaysia or worldwide.
5.4 Once we have accepted an application for services you may contact us via this Website or our offices to ask that your application be withdrawn. Given the nature of the services we provide it will be entirely at our discretion whether or not you are entitled to a refund for those services. In the exercise of such discretion we will consider the extent to which we have commenced work on the provision of that Service or paid out fees to a government body or a third party. Where the service includes the incorporation of a company, once submitted to the jurisdiction’s registrar of companies it will not be possible to stop the registration process.
6.0 Our Obligations
6.1 Upon accepting your application for services from you we will acknowledge our acceptance and confirm the details you have supplied us with by way of email. Our acceptance of instructions is deemed to have occurred at the time we send our email to you, not at the time of your receipt.
6.2 In the event of the registrar of companies of the jurisdiction of your choice rejecting an application or submission we will assist you by resubmitting the application with appropriate corrections at no extra charge.
6.3 We act as your agent when dealing with the registrar of companies or the tax authority of the jurisdiction of your choice. You will be responsible for any fees, charges, fines, penalties, excess charges, duties, taxes, registration fees or other costs incurred.
7.1 HMR Konsultan Sdn Bhd is a member of HMR Konsultan Group of affiliated companies. HMR Konsultan Sdn Bhd is a body corporate registered in Brunei Darussalam under the Companies Act (Cap. 39) with its company number RC/00009931 and having its registered office address at Britannia House, 41, 4th Floor, Jalan Cator, Bandar Seri Begawan BS8811, Brunei Darussalam. “HMR Konsultan” also refers to the trading name of HMR Konsultan (Labuan) Ltd., another member of HMR Konsultan Group affiliated companies, a licensed trust company by the Labuan Financial Services Authority, with its licence number LT0072 and company number LL13580, and having its registered address at The Villa, Lot U0965, Jalan Jumidar Buyong, 87000 FT Labuan, Malaysia. HMR Konsultan Sdn Bhd does not accept any responsibility for the commission of any act, or omission to act by, or the liabilities of, any of its affiliated companies. Each affiliated company within the HMR Konsultan Group is a separate legal entity.
9.1 The materials contained in this Website have been prepared by HMR Konsultan for informational purposes only. The information and opinions contained in this Website are largely general in nature and are not intended to be a comprehensive study and should not be treated as a substitute for specific professional advice concerning individual situations. There is nothing in this Website that constitutes legal or tax advice. You should not act upon any information or material in this Website without first seeking legal, tax or other professional advice.
9.2 This Website may contain links, including hypertext links, to other websites and they are provided for ease of browsing only. HMR Konsultan does not monitor, inspect, verify, endorse or approve any operators of such websites, the information, materials or statements contained in such linked websites, nor does it accept responsibility for the contents of these other websites and disclaims all liability in respect of such contents or any links that they may contain. Please also note that HMR Konsultan will not be responsible for the privacy policies of the other linked websites and recommend you to read the privacy policies of each website you visit.
9.3 Whilst considerable care has been taken to ensure the information contained within this Website is accurate and up to date, no warranty is given as to the accuracy or completeness of any information and no liability is accepted for any errors or omissions in such information. HMR Konsultan cannot accept any liability for any loss, expenses or penalties arising as a consequence of any party relying on the contents in this Website.
9.4 HMR Konsultan makes no representations or warranties with respect to any information or material in this Website, all of which is provided strictly without warranty of any kind. HMR Konsultan hereby expressly disclaims all warranties with regard to any information or materials in this Website and accepts no responsibility which may arise from reliance on information contained in this Website.
9.5 The information given in this Website is based on our present understanding of the current laws and regulations and may therefore be subject to change without notice. All services referred to in this Website are also subject to change without notice.
9.6 Whilst attempts have been made to prepare comprehensive packages, certain circumstances or client’s requests may entail some variation. HMR Konsultan reserves the right to alter, add or reduce the services offered and fees in the package without notice.
10.0 Updates and Changes
10.1 Our Website may be updated and improved on an ongoing basis. HMR Konsultan reserves the right to change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that we shall not be liable to you for any such change or removal.
10.2 Changes to these General Terms and Conditions or to the Specific Terms and Conditions may be made by us at any time. Your use of the Website, or the acquisition of services, are subject to any such changes. You agree to check to see if any changes have been made to the General Terms and Conditions or the relevant Specific Terms and Conditions each time you visit the Website or acquisition or services from it.
12.0 Copyright and Trademarks
12.1 This Website and its contents are copyright © of HMR Konsultan Sdn Bhd. Any person who wishes to print, reproduce or distribute the contents or pages of this website must first seek HMR Konsultan Sdn Bhd’s written consent. The names, logos and images identifying HMR or HMR Konsultan are owned by HMR Konsultan Sdn Bhd and are used under licence.
13.0 Governing Law and Jurisdiction
13.1 These General Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) and all documents, agreements and application forms into which these General Terms and Conditions are incorporated shall be governed by and construed in accordance with the laws of Brunei Darussalam and the Client hereby agrees to submit to the exclusive jurisdiction of the Courts of Brunei Darussalam in connection herewith, save where a document, datasheet, agreement or company application form associated with the Specific Terms and Conditions provides otherwise.
14.0 Intellectual Property
14.1 All correspondence files and records (other than statutory corporate records) and all data and information held by HMR Konsultan in our server system is the sole property of HMR Konsultan for its sole use and no client shall have any right of access thereto or control there over.
15.0 Exclusions and Limitations
15.1 The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
15.2 Any and all liability to you that may arise from your access to and use of the Website, whether due to negligence, breach of duty or otherwise, is excluded to the maximum extent permitted by law.
15.3 No warranty is given that the functionality of the Website will be uninterrupted or error free, that the defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
15.4 Client agrees that this limitation is reasonable having regard to the nature of our Website and in particular given that when you order for our services through our Website you will enter into a separate contract with us in each case.
16.0 Termination of Access
16.1 HMR Konsultan reserves the right to deny users access to our Website or any part or page of our Website without notice and to decline to provide the service to any user that is in breach of the General Terms and Conditions, and the Specific Terms and Conditions.
17.0 Force Majeure
17.1 Time is not of the essence for the performance of the Services. HMR Konsultan will use reasonable endeavours to meet the time estimates given in this Website but these remain estimates. HMR Konsultan accepts no liability for any breach of the General Terms and Conditions, and the Specific Terms and Conditions, or any failure to provide or delay in providing the services through the Website resulting from any event or circumstance beyond our reasonable control including, without limitation, breakdown of systems or network access, natural disasters like earthquake, fire and flood, accidents, acts of terrorism, explosions and acts of government or any other authority.
18.1 The Client undertakes at all times to hold HMR Konsultan and its affiliates, their officers, employees, agents, nominees and the Appointees harmless and to indemnify them to the extent permitted by law all actions, suits, proceedings, claims, demands, costs, expenses and liabilities whatsoever which may arise from the provision of the Services by HMR Konsultan or its affiliates, their officers, employees, agents, nominees and the Appointees other than liabilities arising from the fraud, wilful default or gross negligence of HMR Konsultan or its affiliates, their officers, employees, agents, nominees or the Appointees.
18.2 This provision is without prejudice to any other limitation of liability or indemnity given in favour of HMR Konsultan or separately to its affiliates, their officers, employees, agents, nominees and the Appointees and shall remain in full force and effect notwithstanding termination of these General Terms and Conditions.
19.1 If any of these General Terms and Conditions becomes invalid, unlawful or unenforceable in any respect, that provision shall be severed from the remainder and the validity, legality and enforceability of the remaining provisions of these General Terms and Conditions shall not be affected or impaired in any way.
20.1 No waiver by us, whether express or implied, in enforcing any of our rights shall prejudice our right to enforce such rights in the future.
21.1 Any complaints received in respect of the provision of the Services shall be dealt with in accordance with the following complaints procedure, as amended from time to time –
If you are not satisfied with the service you have received, please contact (please make the subject header as Official Complaint) or call us at +673 222 0672 during Brunei’s office hours.
You will receive an acknowledgment and will be notified in 2 Business Days. Your complaint will be immediately investigated and responded to within 5 Business Days.
22.2 Data provided by you is retained as long as the purpose for which the information was collected continues; the information is then destroyed unless its retention is required to comply with the regulatory, record-keeping for business or accounting requirements or to protect HMR Konsultan’s own interests. As a general rule, the maximum retention period for data and information to be kept by us is 7 years.