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Terms & Conditions

Last updated: 10 July 2025

Effective date: 10 July 2025

1. Definitions

"Estatica", "we", "us", "our" — the records organisation business operated from 33 Jalan Song Thian Cheok, 93100 Kuching, Sarawak, Malaysia.

"You", "Client" — the individual or household engaging Estatica for records organisation services.

"Programme" — one of the three service programmes described on this website: Shelf Inventory Visit, Records and Objects Cataloguing Programme, or Vault Programme.

"Scope Document" — the written description of what a Programme covers, agreed before any on-site session begins.

"Outputs" — the written inventory, catalogue, orientation document, digital files and other documents produced during a Programme, as described in the Scope Document.

"Website" — the website accessible at estatic.sbs.

2. Acceptance of Terms

By submitting an enquiry through this Website or by agreeing to a Scope Document, you confirm that you are at least 18 years of age, have the legal capacity to enter into this agreement, and agree to be bound by these Terms and Conditions.

Where you represent a household or estate rather than acting solely for yourself, you confirm that you have the authority to engage Estatica on behalf of that household or estate.

3. Description of Services

Estatica provides records organisation, cataloguing, photography, indexing and administrative coordination services for household estates. Our services are described in detail on the Solutions page of this Website and in any Scope Document agreed with you.

Our services do not include legal advice, drafting or interpretation of legal documents, valuation of assets for any regulated purpose, filing with courts or government bodies, financial advice, or any other regulated professional service. We are not a law firm, licensed valuer, financial advisor or estate administrator. We strongly encourage you to appoint qualified professionals for all regulated matters.

Services are available primarily within the Kuching area of Sarawak, Malaysia. Engagements outside this area are subject to prior agreement and may incur additional travel costs.

4. Client Responsibilities

You agree to provide accurate information when enquiring about and engaging our services. You agree to make the relevant areas of the household accessible during agreed on-site sessions and to notify us promptly of any changes to access arrangements.

You accept responsibility for the security and integrity of household documents and objects before, during and after our engagement. We handle all material with care but are not liable for pre-existing damage, deterioration or loss not caused by our actions.

You agree not to misrepresent the nature of materials we are asked to work with, and not to ask us to handle materials that would require a regulated professional to manage appropriately.

5. Intellectual Property

The Outputs we produce during a Programme — inventories, catalogues, photographs, indexes and written documents — are prepared for your household and delivered to you. On full payment of the programme fee, you hold the right to use, share and keep these Outputs for your household's purposes.

The methodology, reference systems, templates and working documents we use to produce Outputs remain our intellectual property. You may not resell our methodology or represent it as your own to third parties.

The content of this Website, including text and design, is owned by Estatica and may not be reproduced without our written permission.

6. Payment Terms

Programme fees are stated in Malaysian Ringgit (RM) and are fixed as described on this Website and in the Scope Document. A 50% deposit is payable before the first on-site session; the balance is payable on delivery of the final Outputs.

Payment may be made by bank transfer or other methods as agreed. Invoices are issued in Malaysian Ringgit inclusive of applicable taxes.

If a Programme is paused at your request for more than 60 days without prior agreement, we may request that the remaining balance be settled before sessions resume.

Cancellation: If you cancel a Programme before the first session, your deposit will be refunded in full. If you cancel after one or more sessions have been completed, the deposit is retained and you will be invoiced for completed sessions at a pro-rata daily rate. Completed sessions are those for which written session notes have been issued.

7. Programme Delivery

Sessions are scheduled by mutual agreement and may be rescheduled with reasonable notice. We do not guarantee a fixed date of final delivery at the time of engagement; delivery timelines are estimates based on the agreed number of sessions and the scope of the material.

If we identify during an engagement that the material substantially exceeds the scope described in the Scope Document, we will notify you and agree any changes to timeline or fee before proceeding.

All Outputs are delivered to storage you own or control. We do not retain copies of Outputs or of household documents and objects after delivery is confirmed in writing.

8. Confidentiality

We treat all information about your household, its documents and its objects as confidential. We do not disclose the contents of any engagement to third parties without your explicit agreement, except where required by Malaysian law or a court order. This obligation survives the end of any engagement.

9. Disclaimers

Our services are provided as described in the Scope Document. We do not make representations about any outcome beyond the delivery of the agreed Outputs. In particular, we do not represent that our Outputs will satisfy the requirements of any specific legal, financial or administrative process; the suitability of our Outputs for a particular professional purpose is a matter for the professional you appoint.

Storage condition notes provided as part of our Cataloguing and Vault Programmes are drawn from published conservation guidance and are offered as general information only. They are not a substitute for advice from a trained conservator.

The content of this Website is provided for general information. Nothing on this Website constitutes legal, financial or professional advice.

10. Limitation of Liability

To the extent permitted by Malaysian law, our total liability to you in connection with any Programme shall not exceed the total fees paid by you for that Programme.

We are not liable for indirect, consequential, special or incidental losses, including loss of profit, loss of data, or loss arising from reliance on our Outputs for a purpose beyond what is described in the Scope Document.

We are not liable for delays caused by circumstances beyond our reasonable control, including illness, natural events, restricted access to the household, or failure of utilities or transport.

11. Indemnification

You agree to indemnify and hold harmless Estatica and its staff from any claims, losses, costs or liabilities arising from your breach of these Terms, your misrepresentation of the nature or authority over materials we are asked to work with, or your use of our Outputs in a manner not described in the Scope Document.

12. Termination

Either party may terminate an engagement by written notice. If you terminate, the provisions of Section 6 (Cancellation) apply. If we terminate due to your breach of these Terms, completed sessions will be invoiced and we will return any materials we have temporarily removed from the household.

Sections 5, 8, 9, 10, 11 and 13 of these Terms survive termination.

13. Governing Law and Disputes

These Terms are governed by the laws of Malaysia. Any dispute arising from or connected to an engagement with Estatica shall be subject to the non-exclusive jurisdiction of the courts of Sarawak, Malaysia.

Before commencing formal proceedings, both parties agree to attempt to resolve any dispute through good-faith discussion. Either party may initiate this by writing to the other describing the issue. The parties will have 30 days to reach a resolution before either may proceed to formal proceedings.

14. General

Entire agreement: These Terms, together with the applicable Scope Document, constitute the entire agreement between us for the relevant Programme.

Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in force.

Waiver: Failure to enforce any provision does not constitute a waiver of the right to enforce it in future.

Assignment: We may assign the performance of a Programme to another suitably qualified person with your agreement. You may not assign your rights under an engagement without our written consent.

Notices: Written notices under these Terms may be sent by email to [email protected] or to your email address as provided in your enquiry.

15. Changes to These Terms

We may update these Terms from time to time. The version in force at the time a Scope Document is signed governs that Programme. Updated Terms apply to new enquiries from the date they are published on this Website.

16. Contact

Estatica

33 Jalan Song Thian Cheok, 93100 Kuching, Sarawak, Malaysia

Email: [email protected]

Telephone: +60 82-419 738