Terms & Conditions

1. Definitions

• "Estwell", "we", "us", "our" refers to Estwell, a records cataloguing service registered in Kuala Lumpur, Malaysia.
• "Service" refers to any cataloguing, inventory, digitisation or administrative service provided by Estwell.
• "User", "you", "your" refers to the person or entity engaging our Services or using this website.
• "Agreement" refers to these Terms and Conditions, our Privacy Policy and any service agreement entered into separately.
• "Content" refers to text, documentation, registers, inventories and other materials produced by Estwell in the course of delivering the Service.

2. Acceptance of Terms

By using this website or engaging Estwell's Services, you confirm that:

• You are at least 18 years of age or have the lawful authority to act on behalf of the family or entity making the enquiry.
• You have the legal capacity to enter into a binding agreement.
• You agree to these Terms and Conditions and our Privacy Policy.

3. Service Description

Estwell provides estate records cataloguing and document inventory services on a non-advisory basis. Services include:

• Estate Records Inventory Sessions (single appointment, three hours).
• Asset and Document Cataloguing Service (three visits over four weeks).
• Family Archive and Handover Programme (nine-month programme).

All Services are administrative and organisational in nature. Estwell does not provide legal, financial, tax or regulated professional advice. Nothing in any register, inventory or other document produced by Estwell constitutes legal or financial advice.

Services are available primarily to clients in Kuala Lumpur and surrounding areas of Malaysia. Locations outside this area may be discussed on an individual basis.

4. User Responsibilities

When engaging Estwell's Services, you agree to:

• Provide accurate information about the scope of documents and records to be catalogued.
• Ensure that all documents you present for cataloguing are lawfully in your possession or control.
• Provide reasonable access to the premises and materials during agreed appointment times.
• Not use any Content produced by Estwell as a substitute for independent legal, financial or professional advice.
• Not represent the inventory or register as an instrument of any legal or administrative process without independent verification by a qualified professional.

5. Intellectual Property

The format, template and methodology used in our inventories and registers are proprietary to Estwell. You are granted a non-exclusive, non-transferable licence to use Content produced for you for your own personal and family purposes.

All content on this website — including text, layout and design — remains the intellectual property of Estwell. You may not reproduce, republish or redistribute website content without prior written permission.

6. Payment Terms

Fees are as described in the current service schedule:

• Estate Records Inventory Session: RM 530
• Asset and Document Cataloguing Service: RM 1,570
• Family Archive and Handover Programme: RM 4,420

All fees are in Malaysian Ringgit (RM) and are inclusive of any materials described in the service scope. Payment terms are confirmed at the time of booking. Cancellations made with less than 48 hours' notice of a scheduled appointment may incur a cancellation fee of up to 25% of the session fee.

7. Service Delivery Terms

• All cataloguing work is conducted at the client's premises. Estwell will not remove original documents from the premises under any circumstances.
• The scope of each engagement is agreed in writing before the first visit. Work beyond the agreed scope requires written confirmation before it proceeds.
• Estwell will make reasonable efforts to complete each engagement within the agreed timeframe. Delays caused by circumstances outside our control (including but not limited to access issues or incomplete materials) may extend the engagement period.
• Digital copies produced under the cataloguing or programme services are handed over to the client on the agreed storage medium at the close of the engagement. Estwell retains no copies after handover.

8. Confidentiality

Estwell treats all information about your family's documents and records as confidential. We will not disclose any information to third parties except as required by applicable Malaysian law or a valid order of a competent court or authority.

This obligation of confidentiality applies to all members of the Estwell team and survives the conclusion of any engagement.

9. Disclaimers

Estwell's Services are provided on an "as delivered" basis. We make reasonable efforts to ensure the accuracy and completeness of all registers and inventories, but:

• We do not warrant that a register or inventory is complete beyond the scope agreed for the engagement.
• We do not warrant that the register is suitable for use in any legal, administrative or financial process without independent professional verification.
• We do not make representations about the legal status, value or ownership of any document or item catalogued.

10. Limitation of Liability

To the fullest extent permitted by Malaysian law, Estwell's total liability arising from or in connection with any engagement shall not exceed the fee paid for that engagement.

We are not liable for indirect, consequential or special losses, including loss of business, loss of opportunity or loss arising from reliance on the contents of any register or inventory without independent professional verification.

Nothing in these Terms limits liability for death or personal injury caused by negligence, or for fraud.

11. Indemnification

You agree to indemnify and hold harmless Estwell and its personnel from any claims, losses or expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of any Content, or your failure to obtain appropriate independent advice before relying on any register or inventory.

12. Termination

Either party may terminate an engagement by giving written notice. In the event of termination before completion:

• You will be invoiced for work completed to the date of termination, calculated at the pro-rata daily rate implied by the engagement fee.
• Estwell will deliver any completed portion of the register or inventory to you at the time of termination.

Clauses relating to confidentiality, intellectual property, disclaimers and limitation of liability survive termination.

13. Dispute Resolution

These Terms are governed by the laws of Malaysia. In the event of a dispute, the parties agree to first attempt informal resolution by written correspondence. If informal resolution is not achieved within 30 days, the dispute shall be submitted to the jurisdiction of the courts of Kuala Lumpur, Malaysia.

Where both parties agree, mediation through the Malaysian Mediation Centre may be used as an alternative to litigation.

14. General Provisions

• Entire agreement: These Terms, together with any service agreement and our Privacy Policy, constitute the entire agreement between us.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force.
• Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without our prior written consent.
• Notices: Legal notices should be sent to [email protected] or by post to our registered address.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be published on this page with an updated effective date. Continued use of our Services after an update constitutes acceptance of the revised Terms.

16. Contact

For legal queries regarding these Terms:

• Email: [email protected]
• Post: Estwell, 16 Jalan Pinang, 50450 Kuala Lumpur, Malaysia