Terms & Conditions

1. Definitions

• "We", "Us", "Our", "Nestguard" — the legal practice operating from 47 Jalan Tun Abdul Razak, 80000 Johor Bahru, Johor, Malaysia
• "You", "Client" — any individual who contacts us, submits an enquiry, or engages our legal services
• "Services" — the three pension legal services described on this website: Statutory Pension Review, Withdrawal Consultation, and Beneficiary Nomination Dispute Representation
• "Engagement" — a confirmed agreement between you and Nestguard for the provision of a specific service
• "Fee" — the professional fee stated for each service, as published on this website at the time of enquiry
• "Written Output" — the position paper, consultation note, or formal submissions produced as the deliverable of a service engagement

2. Acceptance of Terms

By submitting an enquiry through this website, engaging our services, or continuing to access this website after a material update to these terms, you confirm that you have read and accept these Terms and Conditions. You must be at least 18 years of age and have the legal capacity to enter into an agreement to engage our services.

3. Service Description

Nestguard provides legal services in the area of pension law in Malaysia. The three services currently offered are described in detail on the Solutions page of this website. The descriptions there constitute part of these terms. Services are available to individuals in Malaysia and, where correspondence-based work is appropriate, to individuals located outside Malaysia.

We reserve the right to decline an engagement where we determine that a conflict of interest exists, where the matter falls outside our practice area, or where the circumstances do not allow us to act with appropriate independence.

4. Engagement Process

An engagement commences when we have confirmed in writing that we are able to assist with your matter and you have confirmed your acceptance of the service scope and fee. Submission of an enquiry does not constitute an engagement. We will respond to enquiries within two working days.

5. Fees and Payment

5.1 Published fees

Fees are as stated on this website at the time of enquiry. All fees are stated in Malaysian Ringgit (RM) and are inclusive of professional service charges for the scope described. They do not include third-party costs, filing fees, or disbursements unless specifically stated.

5.2 Additional costs

Where a matter gives rise to costs beyond the published service fee — including scheme filing fees, record retrieval charges, or court fees — these will be identified and communicated to you before being incurred. We will not proceed with a step that carries an additional cost without your prior written agreement.

5.3 Payment terms

Payment of the service fee is due prior to the commencement of substantive work. Accepted payment methods will be communicated at the time of engagement. Receipts are provided for all payments.

5.4 Refunds

Where an engagement has been confirmed but substantive work has not yet commenced, a full refund may be requested. Where work has commenced, any refund will be calculated on the basis of work completed at the time of the request. We will confirm the applicable amount in writing within five working days of a refund request.

6. Client Responsibilities

You agree to provide accurate and complete information in connection with your matter. You agree to inform us promptly of any change in circumstances that is material to the service being provided. Where you have provided documents, you confirm that you are authorised to share them with us for the purposes of the engagement.

You are responsible for the accuracy of the records and information you submit. Nestguard analyses the material provided and cannot be responsible for the consequences of decisions based on information that was inaccurate or incomplete.

7. Intellectual Property

The written outputs produced by Nestguard — including position papers, consultation notes, and formal submissions — are prepared for your use in connection with your personal pension matter. You may share them with family members, other advisers, or relevant institutions for that purpose. You may not reproduce, publish, or distribute them for commercial purposes without our written consent.

All other content on this website, including text, layout, and design, is the intellectual property of Nestguard and may not be reproduced without permission.

8. Disclaimers

Legal advice is given on the basis of the information available at the time and the applicable law as it stands at that time. Pension law and scheme rules are subject to change. A written output prepared by Nestguard reflects the legal position as at the date of its preparation and should not be relied upon indefinitely without review.

Nothing on this website constitutes legal advice. Information provided here is for general orientation only. Legal advice is provided through a confirmed engagement.

9. Limitation of Liability

To the extent permitted by Malaysian law, Nestguard's liability in connection with any engagement is limited to the fee paid for that engagement. We are not liable for indirect, consequential, or economic losses arising from reliance on our advice or the outcomes of pension scheme processes outside our control.

Nothing in these terms limits our liability for fraud, wilful misconduct, or liability that cannot be excluded under Malaysian law.

10. Confidentiality

We maintain the confidentiality of all client information in accordance with our professional obligations as members of the Malaysian Bar. Client information is not disclosed to third parties except as described in our Privacy Policy or where required by law or professional obligation.

11. Termination

Either party may terminate an engagement by written notice. Where you terminate an engagement after substantive work has commenced, we are entitled to payment for work completed to the date of termination, calculated on a reasonable basis. We reserve the right to cease acting where a conflict of interest arises, where instructions become unclear, or where professional obligations require us to withdraw.

12. Dispute Resolution

In the event of a dispute arising from an engagement, the parties agree to attempt resolution through direct communication in the first instance. Where that does not resolve the matter, the dispute will be subject to the jurisdiction of the courts of Malaysia, and these terms are governed by the laws of Malaysia.

For complaints relating to professional conduct, clients may also refer to the Malaysian Bar's complaints process.

13. General Provisions

• Entire agreement: These terms, together with any engagement confirmation, constitute the entire agreement between you and Nestguard for the relevant service.
• Severability: If any provision of these terms is found unenforceable, the remaining provisions continue in full force.
• Waiver: Failure to enforce any provision does not constitute a waiver of the right to enforce it in future.
• Assignment: You may not assign your rights or obligations under these terms without our prior written consent.

14. Changes to These Terms

We may update these terms from time to time. The date at the top of this page indicates when the terms were last revised. Changes apply to engagements entered into after the effective date. Continued use of this website after an update constitutes acceptance of the revised terms.

15. Contact

For legal enquiries relating to these terms: [email protected]
Nestguard, 47 Jalan Tun Abdul Razak, 80000 Johor Bahru, Johor, Malaysia