Terms & Conditions

1. Definitions

• "Pusaka Works" / "we" / "us" / "our" — refers to the business operating as Pusaka Works, located at No. 8, Jalan Perda Utama, Bandar Perda, 14000 Bukit Mertajam, Pulau Pinang, Malaysia.
• "Client" / "you" / "your" — refers to the individual or family who engages our services.
• "Services" — refers to the Storage Map and Labelling Session, the Preservation and Digitisation Project, the Heritage Records Programme, and any other archival or administrative services provided by Pusaka Works.
• "Agreement" — refers to these Terms and Conditions together with any written service agreement, scope document or invoice accepted by the Client.
• "Documents" / "Records" — refers to paper or digital items handled by Pusaka Works on behalf of the Client in the course of delivering a service.

2. Acceptance of Terms

By engaging our services, requesting a quote, submitting a contact form or signing a service agreement, you accept these Terms and Conditions in full. If you do not accept them, please do not use our services.

Our services are available to persons aged 18 years and over who have the legal capacity to enter into a binding agreement under Malaysian law. By engaging us you confirm that you meet this requirement.

3. Service Description and Scope

Pusaka Works provides archival and administrative services only. These services comprise:

• Storage Map and Labelling Session — physical organisation, labelling and master-sheet production
• Preservation and Digitisation Project — archival rehousing, scanning and index production
• Heritage Records Programme — twelve-month programme including the above services plus quarterly reviews and oral-provenance recording

Scope limitation: Pusaka Works does not provide legal advice, interpretation of documents, drafting of legal or financial instruments, witnessing of signatures, certification of documents, filing or lodgement with any authority, representation or advocacy of any kind. Nothing produced by Pusaka Works constitutes professional advice of any nature. Items appearing to require professional attention are noted in writing and referred to the appropriate professional category only.

Services are available primarily in Peninsular Malaysia. Travel charges may apply for locations outside Penang. We will confirm availability and any additional charges before work begins.

4. Client Responsibilities

• Provide accurate information about the volume and location of records to be covered
• Ensure access to all storage locations included in the agreed scope at the time of the appointment
• Confirm that you have the authority to arrange the organisation and digitisation of the records concerned
• Review and sign the written service agreement and scope confirmation before work begins
• Confirm receipt and acceptance of delivered outputs within 14 days of handover

5. Intellectual Property

The original documents and records handled during a project remain the property of the Client at all times. Pusaka Works does not acquire any interest in any document handled in the course of service delivery.

All written outputs produced by Pusaka Works — including master sheets, index documents, file-naming schemes, handover packs and oral-provenance notes — are produced for the Client's use and are delivered to the Client upon handover. Pusaka Works retains no copies after handover.

6. Payment Terms

All fees are stated in Malaysian Ringgit (RM). Current pricing:

• Storage Map & Labelling Session — RM 490 per session
• Preservation & Digitisation Project — RM 2,400 per project (up to 1,000 pages)
• Heritage Records Programme — RM 4,550 per twelve-month programme

Payment is due within 14 days of invoice. For projects and programmes, a 50% deposit is required before work begins. The balance is due upon delivery of the project output. For Storage Map sessions, payment is due on the day of the appointment.

Accepted payment methods: bank transfer to the Pusaka Works account specified on the invoice. Receipts are issued for all payments.

Cancellation: Cancellation of a Storage Map session with less than 48 hours' notice may incur a cancellation charge of RM 100. Cancellation of a project after the deposit has been paid: the deposit is non-refundable where work has commenced. Where work has not yet commenced, a full refund of the deposit will be issued within 14 days.

7. Service Delivery Terms

• All work is performed within the scope set out in the written service agreement. Scope changes require written agreement from both parties before additional work is undertaken
• Timelines stated at project commencement are estimates and may be affected by the volume, condition and complexity of the records
• Original documents are handled with care and returned to the Client in the same or improved condition. A written chain of custody is maintained throughout
• Where a collection exceeds the stated scope, we will notify the Client before proceeding with additional work and confirm any adjustment to fees in writing

8. Confidentiality

Pusaka Works treats all information about a Client's records, family situation and document contents as confidential. We do not share, disclose or discuss any information about a Client's records with any third party without the Client's explicit written consent, except where required by Malaysian law.

Members of the Pusaka Works team who access Client records do so only to the extent necessary to deliver the agreed service.

9. Disclaimers

Pusaka Works provides archival and administrative services only. Nothing produced by Pusaka Works — including master sheets, indexes, referral notes, vocabulary reference sheets or oral-provenance notes — constitutes legal, financial, tax or professional advice of any kind. Clients should seek appropriately qualified professional advice for all matters that require it.

We make no representation as to the legal validity, enforceability or completeness of any document handled in the course of service delivery. The presence of a document in a collection, or its inclusion in an index, does not indicate or imply anything about its legal status.

10. Limitation of Liability

To the fullest extent permitted by Malaysian law, Pusaka Works' liability to the Client for any claim arising from the delivery of services is limited to the total fees paid by the Client for the specific service giving rise to the claim.

We are not liable for indirect, consequential or economic loss, loss of opportunity, or any claim arising from the contents of documents we handle, regardless of how that claim arises.

Nothing in this clause limits liability for death, personal injury or fraud caused by our negligence.

11. Indemnification

You agree to indemnify Pusaka Works and its team members against any claim, loss or expense arising from your misrepresentation of your authority to arrange the organisation or digitisation of records, your breach of these Terms, or your use of our outputs in a manner inconsistent with their stated scope.

12. Termination

Either party may terminate a service agreement by written notice. Where Pusaka Works terminates, we will return all Client materials and refund fees for work not yet performed within 14 days. Where the Client terminates, fees for work already performed are payable; the deposit is non-refundable where work has commenced.

Clauses 8 (Confidentiality), 9 (Disclaimers) and 10 (Limitation of Liability) survive termination.

13. Dispute Resolution and Governing Law

These Terms are governed by the laws of Malaysia. Any dispute arising from or related to these Terms or the services we provide shall first be subject to informal resolution. Both parties agree to attempt to resolve any dispute by written correspondence within 30 days of the dispute arising.

If informal resolution is unsuccessful, disputes shall be referred to the courts of Malaysia, with the courts of Pulau Pinang having non-exclusive jurisdiction.

14. General Provisions

• Entire agreement: These Terms, together with the signed service agreement for each engagement, constitute the entire agreement between the parties.
• Severability: If any provision is found unenforceable, the remaining provisions continue in full effect.
• Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
• Assignment: The Client may not assign their rights under these Terms without our prior written consent.
• Notices: Formal notices should be sent by email to [email protected] or by post to our business address.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be noted at the top of this page with a revised effective date. Continued engagement of our services after a change is posted constitutes acceptance of the updated Terms.

16. Contact

Pusaka Works

No. 8, Jalan Perda Utama, Bandar Perda, 14000 Bukit Mertajam, Pulau Pinang, Malaysia

Legal enquiries: [email protected]