Terms & Conditions

1. Definitions

In these Terms and Conditions, the following terms have the meanings set out below:

"Firm" / "we" / "us" / "our"

kencanapad, a law firm registered in Malaysia, with its principal office at 36, Persiaran KLCC, 50088 Kuala Lumpur.

"Client" / "you" / "your"

Any individual, company, or other legal entity that engages or enquires about the Firm's legal services.

"Services"

The legal and advisory services provided by the Firm, including facility documentation, security enforcement, and Islamic finance advisory work.

"Website"

The website accessible at kencanapad.pro and all pages, content, and materials thereon.

"Engagement Letter"

The formal letter or agreement setting out the scope of Services, fees, and terms for a specific matter.

2. Acceptance of Terms

By accessing or using this Website, or by submitting an enquiry form, you agree to be bound by these Terms and Conditions and our Privacy Policy.

Use of this Website is available to individuals who are at least 18 years of age and have the legal capacity to enter into binding agreements under Malaysian law. Organisations may use the Website through authorised representatives with appropriate authority.

If you do not agree with any part of these terms, please do not use the Website or submit any enquiries.

3. Service Description

kencanapad practises exclusively in banking and finance law. Our services include:

• Facility Documentation & Borrower Advisory — review and negotiation of loan facilities and security arrangements from a borrower-protective standpoint
• Security Creation, Enforcement & Recovery — creation and registration of security interests, and measured enforcement steps where facilities fall into default
• Islamic Finance & Structured Transactions — structuring and documentation of Shariah-compliant financings under applicable Malaysian legislation

The Firm's services are available in Peninsular Malaysia and, where matters involve cross-border elements, in coordination with corresponding counsel in relevant jurisdictions. Availability is subject to conflict of interest checks and the Firm's capacity at the time of enquiry.

4. Engagement Terms

No solicitor-client relationship arises from your use of this Website or submission of an enquiry form. A formal engagement commences only upon the Firm's issuance of, and your written acceptance of, an Engagement Letter.

Each engagement is governed by the specific terms set out in the Engagement Letter, which will include scope of work, fee arrangements, billing frequency, and instructions for the matter. These Terms and Conditions apply to Website use and the general conduct of enquiries prior to formal engagement.

Information shared during an initial enquiry is treated with discretion; however, the Firm's professional confidentiality obligations under the Legal Profession Act 1976 arise only upon formal engagement.

5. User Conduct

In using this Website, you agree not to:

• Provide false, misleading, or incomplete information in any enquiry form
• Attempt to gain unauthorised access to any part of the Website or its backend systems
• Use the Website for any unlawful purpose or in violation of applicable Malaysian law
• Transmit harmful code, malware, or disruptive content
• Reproduce, redistribute, or frame Website content without prior written permission from the Firm
• Impersonate any person, entity, or professional

6. Intellectual Property

All content on this Website — including text, service descriptions, design elements, firm name, and logo — is the intellectual property of kencanapad or its licensors and is protected under Malaysian copyright and trade mark law.

You are granted a limited, non-exclusive, non-transferable licence to access and view Website content for personal, non-commercial purposes. This licence does not permit reproduction, modification, public display, or commercial use of any Website content without written consent.

Work product and advice delivered in the course of a formal engagement remain the intellectual property of the Firm until fees for that work have been paid in full, at which point a licence to use the work product for the stated purpose is granted to the client.

7. Fees & Payment

Fee arrangements for each matter are set out in the relevant Engagement Letter. The following general terms apply:

• Fees are quoted in Malaysian Ringgit (RM) and are exclusive of disbursements and government levies unless stated otherwise
• Payment terms will be specified in the Engagement Letter; the Firm typically issues invoices at agreed milestones or upon completion of defined phases
• Invoices are payable within 14 days of issue unless otherwise agreed in writing
• The Firm reserves the right to suspend work on a matter if invoiced amounts remain unpaid beyond the agreed payment period
• Disbursements (registration fees, stamp duty, courier, and similar costs) are charged at cost and may be invoiced separately

Any refund or fee dispute will be addressed under the terms of the Engagement Letter and, where applicable, the Legal Profession (Practice and Etiquette) Rules 1978.

8. Confidentiality

Once a formal engagement is in place, the Firm's professional obligations of confidentiality under the Legal Profession Act 1976 and the rules of professional conduct apply to all client communications and matter information.

Information submitted through the enquiry form prior to formal engagement is treated with discretion and will not be disclosed to third parties except where required by law, court order, or regulatory obligation. The Firm may, however, need to share preliminary enquiry details internally for conflict-of-interest checking purposes.

9. Disclaimers

The Firm makes no representation that the information on this Website is accurate, complete, or current. Legal frameworks change; readers should not act on Website content without first consulting a qualified legal practitioner.

The Website is provided on an "as available" basis. The Firm does not warrant uninterrupted or error-free operation of the Website and accepts no liability for downtime, data loss arising from Website use, or inaccuracies in Website content.

10. Limitation of Liability

To the fullest extent permitted by Malaysian law, kencanapad' liability in connection with use of this Website is excluded, including for any indirect, consequential, incidental, or special loss or damage.

Where the Firm provides professional services under a formal engagement, liability is addressed in the Engagement Letter and is subject to the professional indemnity insurance maintained by the Firm in accordance with Bar Council requirements.

Nothing in these terms excludes liability that cannot be excluded under applicable law, including liability arising from fraud, wilful misconduct, or professional negligence.

11. Termination

Either party may terminate a formal engagement by written notice, subject to the terms set out in the Engagement Letter. Upon termination, the client remains responsible for fees and disbursements incurred up to the date of termination.

The Firm may decline to accept or may cease an engagement where doing so is required by its professional obligations, regulatory duties, or conflict of interest rules — without being in breach of any obligation to the prospective or existing client.

12. Dispute Resolution

These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia. Any dispute arising from use of this Website or the provision of Services will be subject to the exclusive jurisdiction of the courts of Malaysia.

Before commencing any formal proceedings, the parties agree to attempt to resolve any dispute by good-faith discussion within 30 days of written notice of the dispute.

Fee disputes involving the Firm's professional services may also be referred to the Bar Council of Malaysia for assessment under its established procedures.

13. General Provisions

• Entire Agreement. These Terms and Conditions, together with any applicable Engagement Letter, constitute the entire agreement between the parties with respect to Website use and the subject matter herein.
• Severability. If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• No Waiver. Failure to enforce any provision does not constitute a waiver of that provision or any other.
• Assignment. You may not assign any rights or obligations under these terms without the Firm's prior written consent.
• Notices. Notices to the Firm should be sent by email to [email protected] or by post to the address below.

14. Changes to These Terms

The Firm may update these Terms and Conditions from time to time. When we do, the "Last Updated" date at the top of this page will be revised. We will take reasonable steps to draw material changes to the attention of users.

Your continued use of the Website after updated terms are posted constitutes your acceptance of the revised terms. We recommend checking this page periodically.

15. Contact

For questions regarding these Terms and Conditions, please contact us: