Terms & Conditions
Last Updated: 18 February 2025 | Effective Date: 18 February 2025
1. Definitions
In these Terms and Conditions, the following definitions apply:
- "Crestholm", "we", "us", or "our" refers to the IP law practice Crestholm, located at 25 Persiaran Gurney, 10250 George Town, Penang, Malaysia.
- "Service" refers to legal advisory and filing services provided by Crestholm, as well as access to our website at crestholm.
- "User" or "you" refers to any person who accesses our website or engages our legal services.
- "Content" refers to all text, materials, and information published on our website.
- "Agreement" refers to these Terms and Conditions, which govern use of our website and services.
2. Acceptance of Terms
By accessing our website or enquiring about our services, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them. If you do not agree, please discontinue use of our website and services.
Use of our legal services is available to individuals aged 18 years and above with the legal capacity to enter into a binding agreement. Our services are provided in Malaysia and intended for those operating within Malaysian or ASEAN jurisdictions.
3. Nature of Our Services
Crestholm provides intellectual property legal advisory and filing services in Malaysia, including trademark registration and protection, patent drafting and filing, and copyright and design advisory. All services are provided in accordance with Malaysian law, including the Trade Marks Act 2019, the Patents Act 1983, and the Copyright Act 1987.
Information published on our website is provided for general informational purposes only and does not constitute legal advice. A formal engagement letter is required before any lawyer-client relationship is established.
4. Client Engagements and Accounts
All client engagements at Crestholm are governed by a written engagement letter that specifies the scope of work, applicable fees, and the terms of the engagement. Work does not commence until the engagement letter has been acknowledged and any required payment has been received.
Clients are responsible for providing accurate and complete information relevant to their matter. Inaccurate or incomplete instructions that result in delays, rejections, or additional costs remain the client's responsibility.
5. User Responsibilities
When using our website or engaging our services, you agree to:
- Provide truthful and accurate information in all communications with us
- Comply with all applicable laws relevant to your IP matter
- Not use our website for any unlawful, fraudulent, or harmful purpose
- Not attempt to gain unauthorised access to any part of our systems
- Not submit false or misleading information through our contact form
6. Intellectual Property
All content on our website — including text, layout, graphics, and design — is the property of Crestholm and is protected by applicable copyright and intellectual property law. You may view and print content from our website for personal, non-commercial reference only.
You may not reproduce, distribute, modify, or use our website content in any commercial context without our prior written consent. Nothing in these Terms transfers any IP ownership to you.
Any original work submitted to us in connection with an IP matter remains your property. We claim no rights over inventions, creative works, or brand materials provided to us for the purposes of filing or advisory.
7. Payment Terms
Fees for legal services are set out in the relevant engagement letter and are denominated in Malaysian Ringgit (RM). Government filing fees payable to MyIPO or other registries are charged separately from our professional fees and will be itemised.
- Invoices are payable within 14 days of issue unless otherwise agreed
- We accept payment by bank transfer; details are provided on each invoice
- Overdue balances may result in suspension of work on your matter
- Fees paid in advance for filing work are non-refundable once a filing has been submitted
Scope Changes
If the scope of a matter changes materially from what was agreed in the engagement letter, we will notify you and agree revised fees in writing before proceeding with the additional work.
8. Service-Specific Terms
Trademark Matters
Trademark registration is subject to MyIPO examination and third-party opposition periods. We cannot control the outcome of examination proceedings or guarantee registration. Our obligation is to file competent, well-prepared applications and to manage prosecution diligently.
Patent Matters
Patent applications are subject to prior art searches, examination, and potentially extended prosecution. Grant cannot be guaranteed. Provisional and complete specifications are drafted to the best of our ability based on the information provided by the client.
Copyright and Design Advisory
Our advisory services are based on the information and materials provided to us. The accuracy and completeness of that information is the client's responsibility. Legal opinions do not constitute guarantees of any specific outcome.
9. Disclaimers
Our website content is provided "as is" for general informational purposes. We make no warranty as to its accuracy, completeness, or suitability for any particular purpose. Use of the website is at your own risk.
Legal outcomes depend on many factors outside our control, including MyIPO examination practices, third-party actions, and court decisions. We do not warrant any particular result from our services.
10. Limitation of Liability
To the extent permitted by Malaysian law, our total liability to you in connection with any matter shall not exceed the professional fees paid by you for that specific matter. We shall not be liable for indirect, consequential, or incidental losses arising from our services or from your use of our website.
Nothing in these Terms limits our liability for fraud, gross negligence, or any liability that cannot lawfully be excluded or limited under Malaysian law.
11. Termination
Either party may terminate an engagement by providing written notice, subject to any outstanding fees for work already undertaken. We reserve the right to cease acting for a client in accordance with our professional conduct obligations, including where a conflict of interest arises or where instructions would require us to act unlawfully.
On termination, all documents belonging to the client will be returned or transferred upon payment of any outstanding fees.
12. Dispute Resolution
These Terms are governed by the laws of Malaysia. Any disputes arising in connection with these Terms or our services shall first be subject to good-faith negotiation between the parties. If unresolved, disputes shall be referred to mediation before proceedings are commenced.
Any legal proceedings shall be brought before the courts of Malaysia, and both parties consent to the exclusive jurisdiction of those courts.
13. General Provisions
These Terms constitute the entire agreement between you and Crestholm in relation to the use of our website. They supersede any prior understandings or representations. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to do so in future. Notices under these Terms shall be given in writing by email or post.
14. Changes to These Terms
We may update these Terms from time to time. Changes will be indicated by updating the "Last Updated" date. Continued use of our website after any update constitutes your acceptance of the revised Terms. Material changes to client engagement terms will be communicated directly.
15. Contact
For legal queries relating to these Terms, contact:
Crestholm
25 Persiaran Gurney, 10250 George Town, Penang, Malaysia