Policies
Privacy, refunds, and cancellation — last reviewed 1 July 2026.
Privacy Policy
1. Introduction
Top Gun Consultancy Sdn. Bhd. ("Top Gun", "we", "our", or "us") is committed to protecting the personal data of our clients, prospective clients, website visitors, and business partners. This Privacy Policy explains how we collect, use, store, and protect personal data in accordance with the Personal Data Protection Act 2010 (PDPA) of Malaysia and any other applicable data protection laws.
By engaging our services, visiting our website, or otherwise providing us with your personal data, you acknowledge that you have read and understood this Privacy Policy.
2. Data Controller
3. Personal Data We Collect
3.1 Data You Provide Directly
- Contact information: full name, email address, phone number, job title, and company name.
- Project information: requirements, technical specifications, and business context provided during consultations.
- Financial information: billing address and payment records. We do not store card numbers or banking credentials.
- Correspondence: emails, messages, and documents you send to us during an engagement.
3.2 Data We Collect Automatically
- Website usage data: IP address, browser type and version, pages visited, and time spent on our website.
- Analytics data: anonymised session data collected via analytics tools to help us understand how our website is used.
4. How We Use Your Personal Data
- To respond to your enquiries and provide information about our services.
- To fulfil our contractual obligations and deliver agreed services.
- To issue invoices, process payments, and maintain financial records as required by law.
- To send project-related communications, status updates, and handover documents.
- To comply with applicable legal and regulatory obligations in Malaysia.
- To improve our services, website, and internal processes.
- To send marketing communications about our services, where you have given explicit consent.
We will not use your personal data for any purpose incompatible with the stated purpose without your prior written consent.
5. Legal Basis for Processing
- Contractual necessity: processing is required to perform a contract with you or to take steps before entering into a contract at your request.
- Legal obligation: processing is necessary to comply with a legal obligation applicable to Top Gun Consultancy.
- Legitimate interests: processing is necessary for our legitimate business interests, including service improvement and fraud prevention, where these interests are not overridden by your rights.
- Consent: where we rely on consent (e.g. for marketing communications), you may withdraw it at any time without affecting the lawfulness of prior processing.
6. Data Retention
- Client engagement records: minimum 7 years from the end of the engagement, for accounting, tax, and legal compliance purposes.
- Prospective client data: up to 2 years from the date of last contact, unless you request earlier deletion.
- Marketing data: until you withdraw consent or request deletion.
- Website analytics data: as configured in the analytics tool, typically up to 26 months.
Upon expiry of the applicable retention period, personal data is securely deleted or permanently anonymised.
7. Sharing Your Personal Data
We do not sell, rent, or trade your personal data to third parties. We may share personal data in the following limited circumstances:
- Service providers: trusted sub-processors who assist in delivering our services (e.g. cloud infrastructure, project management, accounting software), bound by confidentiality and data processing obligations.
- Legal requirements: where required by law, court order, or a regulatory authority. We will notify you where legally permitted to do so.
- Business transfer: in the event of a merger, acquisition, or sale of assets, personal data may be transferred to the acquiring entity under equivalent privacy protections.
8. Data Security
- Encryption of data in transit (TLS) and at rest.
- Access controls and role-based permissions on all internal systems.
- Secure credential and API key management via encrypted secret stores.
- Regular security reviews across systems we operate or administer.
- Staff confidentiality obligations and internal data access controls.
No method of electronic transmission or storage is 100% secure. If you suspect a data breach affecting your personal data, please notify us immediately at our email address.
9. Your Rights Under the PDPA 2010
- Right of access: you may request a copy of the personal data we hold about you.
- Right of correction: you may request that we correct inaccurate or incomplete personal data without unreasonable delay.
- Right to withdraw consent: where processing is based on consent, you may withdraw it at any time.
- Right to limit processing: in certain circumstances, you may request that we restrict how we use your personal data.
To exercise any of these rights, please contact us in writing at our email address. We will respond within 21 calendar days in accordance with the PDPA 2010 and may require proof of identity before processing your request.
10. Cookie Policy
- Essential cookies: necessary for the website to function correctly. These cannot be disabled without affecting core functionality.
- Analytics cookies: collect anonymised data on page visits and user behaviour, set on continued use of the site.
You may disable non-essential cookies at any time through your browser settings. Doing so may affect some features of our website.
11. Changes to This Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, applicable law, or regulatory requirements. The effective date at the top of this document will be updated accordingly. For material changes that affect how we process your personal data, we will notify you directly by email where we hold your contact details.
12. Contact Us
Refund & Cancellation Policy
1. Introduction
This Refund & Cancellation Policy ("Policy") governs the terms under which clients may cancel service engagements with Top Gun Consultancy Sdn. Bhd. ("Top Gun", "we", "our") and the circumstances in which refunds may be issued.
Because our services involve bespoke intellectual and engineering work — scoped, staffed, and planned specifically for each client — refund and cancellation terms are tied to the stage and status of the engagement at the time of the request. By signing a Service Agreement with Top Gun Consultancy, clients agree to be bound by this Policy.
2. Payment Structure Overview
All project engagements operate on a milestone-based payment structure. Payments are tied to defined delivery checkpoints, not to time elapsed. The standard schedule is:
| Payment | % of Total Value | Trigger |
|---|---|---|
| Deposit | 30% | Upon signing the Service Agreement |
| Mid-Project | 40% | Agreed mid-project milestone reached (as defined in the Service Agreement) |
| Final Payment | 30% | Completion of all deliverables, UAT sign-off, and handover |
For Technology Consulting and Support retainer engagements, billing is monthly in advance as specified in the applicable Service Agreement.
3. Cancellation Policy
3.1 How to Cancel
All cancellations must be submitted in writing. Verbal or informal notification does not constitute a valid cancellation. The effective cancellation date is the date on which written notice is received by Top Gun Consultancy.
3.2 Notice Period
A minimum of 30 calendar days' written notice is required for all project cancellations. During the notice period, Top Gun Consultancy will:
- Complete any in-progress sprint or work increment where reasonably practicable.
- Prepare and deliver a structured handover package.
- Transfer all completed deliverables, code repositories, and documentation to the client.
3.3 Cancellation Fee Schedule
| Notice Period | Project Stage | Client Liability |
|---|---|---|
| Any time | Pre-kick-off (before work commences) | Deposit (30%) is forfeited in full. No further amounts due. |
| 30+ calendar days | Active development | Cost of all work completed to the cancellation date, at the agreed pro-rated project rate. |
| Fewer than 30 calendar days | Active development | Cost of work completed to date, PLUS a 10% early closure fee on the remaining contract value. |
| Any time | Post-milestone (accepted deliverable) | Milestone payments for accepted and completed work are non-refundable. |
| 30 calendar days | Monthly retainer / support | 30 days' written notice required. The current calendar month's retainer fee is billed in full. |
3.4 Project Pauses
Engagements may be paused by mutual written agreement for up to 60 calendar days at no additional cost to the client. Pauses exceeding 60 days may result in the project slot being released and a re-mobilisation fee being applied when the project resumes, to cover team reallocation costs. To request a pause, clients must notify us in writing with the expected pause duration.
3.5 Cancellation by Top Gun Consultancy
In the rare event that Top Gun Consultancy must cancel an engagement (e.g. due to force majeure or material breach of contract by the client), we will provide written notice as soon as reasonably practicable, refund any fees paid for work not yet commenced, and deliver all completed deliverables to the client up to the cancellation date.
4. Refund Policy
4.1 Non-Refundable Payments
- The initial deposit (30%): this payment compensates for planning, architectural scoping, resource allocation, and the opportunity cost of reserving team capacity at the time of signing the Service Agreement.
- Accepted milestone payments: once a client has accepted a deliverable — whether by written confirmation, UAT sign-off, or implied acceptance through use or live deployment — the corresponding milestone payment is final and non-refundable.
4.2 Refunds for Undelivered Work
If Top Gun Consultancy fails to deliver an agreed milestone within the contractually agreed timeframe, and no extension has been mutually agreed in writing, the client may request a partial refund proportional to the undelivered scope of work.
4.3 Quality Disputes
If delivered work materially fails to meet the specifications set out in the agreed Statement of Work or Service Agreement, the client must raise a written quality dispute within 7 business days of the delivery date, clearly describing the specific shortfalls and providing supporting evidence.
Top Gun Consultancy will first attempt to remedy any substantiated deficiency at no additional charge. A refund will only be considered where remediation is demonstrably not achievable. The right to a remedy does not apply where the shortfall results from a post-delivery change in the client's requirements, third-party dependencies outside our control, or client-side acceptance of the deliverable without noting deficiencies at the time.
4.4 How to Submit a Refund Request
5. Accepted Payment Methods
All payments must be made in Malaysian Ringgit (MYR) unless otherwise agreed in writing in the Service Agreement.
| Payment Method | Details | Processing Time |
|---|---|---|
| Bank Transfer (IBG / RENTAS) | Preferred method. MYR accounts. | Same day – 1 business day |
| DuitNow Transfer | Via registered business DuitNow ID. | Instant |
| Cheque | Payable to "Top Gun Consultancy Sdn. Bhd." | 3–5 business days (clearance) |
6. Late Payments
Invoices are payable within the terms stated on the invoice (standard: Net 14 days from invoice date). Where payment is not received by the due date:
- A late payment charge of 1.5% per month (or part thereof) may be applied to the outstanding balance.
- Top Gun Consultancy reserves the right to suspend active work on the engagement until all overdue amounts are settled in full.
- Non-payment persisting beyond 30 days past the due date may be treated as a client-initiated cancellation under Section 3 of this Policy.
7. Intellectual Property Upon Cancellation
- Completed and paid deliverables: all work that has been completed and paid for in full is transferred to the client. Source code and production access are released upon receipt of all outstanding payments.
- Partially completed work: Top Gun Consultancy will deliver all work completed up to the cancellation date in its current state, as part of the handover package, once all amounts due under Section 3 have been settled.
- Third-party components: any third-party libraries, APIs, or licences incorporated into the work remain subject to their respective licence agreements. A full inventory will be included in the handover package.
8. Governing Law & Dispute Resolution
This Policy and all client engagements with Top Gun Consultancy Sdn. Bhd. are governed by and construed in accordance with the laws of Malaysia.
In the event of any dispute arising from or in connection with this Policy or a Service Agreement, both parties agree to first attempt resolution through good-faith written negotiation within 30 calendar days of written notice of the dispute. If unresolved, either party may refer the matter to the Asian International Arbitration Centre (AIAC), Kuala Lumpur, or such other body as mutually agreed in writing. Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction in Malaysia.