Terms & Conditions

Definitions

• "Willowmark", "we", "us", "our" — refers to the business entity operating the estate records administration service at 74 Jalan Imbi, 55100 Kuala Lumpur, Malaysia.
• "Service" — refers to any of the following: Process Orientation Seminar, Heirloom and Property Document Digitisation, and the Twelve-Month Records Stewardship Plan, as described on the Willowmark website.
• "Client", "you", "your" — refers to any individual or family who engages or enquires about our services.
• "Agreement" — refers to the confirmed service booking and these Terms and Conditions taken together.
• "Documents" — refers to physical or digital materials provided by the client for cataloguing, digitisation or filing.

Acceptance of terms

By submitting an enquiry form, confirming a service booking or proceeding with any engagement with Willowmark, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. You confirm that you are at least 18 years of age and have the legal capacity to enter into a service agreement.

Use of the Willowmark website constitutes acceptance of these terms for website-related matters.

Service description and scope

Willowmark provides administrative and informational services in connection with estate record-keeping. Specifically:

• The Process Orientation Seminar provides general, publicly sourced information about how succession-related paperwork is typically sequenced in Malaysia. It does not constitute legal, financial or succession planning advice and does not address any attendee's personal circumstances.
• The Heirloom and Property Document Digitisation service catalogues, scans, names, indexes and returns physical documents. It does not involve the interpretation of document contents or the provision of any professional opinion about their significance.
• The Twelve-Month Records Stewardship Plan provides ongoing filing, quarterly reviews, backup management and appointment coordination. It does not involve acting as an agent, legal representative or adviser to the client.

Services are available to clients located in or able to attend at Kuala Lumpur and the surrounding Klang Valley area, unless otherwise agreed in writing.

Client responsibilities

• Provide accurate information about the scope and nature of documents to be processed
• Ensure that documents provided are legally in your possession and custody
• Not provide documents that are subject to confidentiality orders, court-imposed restrictions or third-party ownership disputes without prior written disclosure
• Make payment within the agreed terms
• Not misrepresent the purpose of any engagement to obtain a service that would otherwise be declined

Intellectual property

All website content, printed materials, seminar handbooks, glossaries, checklists and reference guides produced by Willowmark are the intellectual property of Willowmark. You may use materials we provide for your personal family record-keeping purposes only. You may not reproduce, redistribute or publish Willowmark materials for commercial purposes without our written consent.

The documents you provide to us for digitisation or filing remain your property throughout. We do not claim any rights over the content of client documents.

Payment terms

All prices are quoted in Malaysian Ringgit (RM) and include applicable taxes where stated. Payment is due as follows:

• Seminar: Payment in full required at time of booking confirmation.
• Digitisation: 50% deposit at booking, balance due prior to or at handover.
• Stewardship Plan: Full annual fee payable at commencement of the plan, or as otherwise agreed in writing.

We accept payment by bank transfer to our designated account. No cash payments are accepted. Invoices are issued on confirmation of each engagement.

Cancellations and refunds: Seminar bookings cancelled more than five working days before the session date receive a full refund less any material production costs incurred. Cancellations within five working days are non-refundable. For digitisation projects, the deposit is non-refundable once document collection has commenced. For Stewardship Plans, if you terminate the plan before the year ends, services already delivered are charged at a pro-rata rate and any remaining balance is refunded.

Service delivery terms

• Digitisation projects are completed within 3–4 weeks of document collection unless otherwise agreed
• Stewardship Plan monthly visits are scheduled at mutually convenient times; Willowmark will make reasonable efforts to maintain the agreed schedule
• Willowmark reserves the right to decline to process any document it believes may be fraudulent, misappropriated or subject to legal dispute
• We will inform you promptly if we identify any document condition issues that affect our ability to scan or handle items safely

Disclaimers

Willowmark provides administrative and informational services only. Nothing in our services — including seminar content, printed materials, written procedures notes or any verbal communication — constitutes legal, financial, tax or estate planning advice. Where your situation requires professional legal or financial input, you should engage a qualified practitioner.

We make reasonable efforts to ensure the accuracy of general process information presented in our seminars, but we do not warrant that this information is current, complete or applicable to your specific circumstances. Official requirements in Malaysia may change and clients should verify current requirements with the relevant public authorities.

Limitation of liability

To the fullest extent permitted under Malaysian law, Willowmark's total liability to you for any claim arising from or related to our services shall not exceed the amount paid by you for the specific service giving rise to the claim.

We are not liable for indirect, consequential, incidental or special damages, including loss of documents due to causes outside our control (flood, fire, theft) while documents are not in our physical custody.

While we handle documents with care, we cannot accept liability for pre-existing damage to fragile or deteriorated items that worsens during handling despite reasonable precautions. We will inform you of any such condition before proceeding.

Indemnification

You agree to indemnify and hold Willowmark, its personnel and associates harmless from any claims, losses or damages arising from: (a) your breach of these Terms and Conditions; (b) your provision of documents that were not lawfully in your possession; or (c) any misrepresentation made to us about the nature or purpose of an engagement.

Termination

Either party may terminate a service agreement by giving 14 days' written notice. Willowmark may terminate with immediate effect if you breach these Terms and Conditions or if we become aware of circumstances that make it inappropriate to continue the engagement.

Upon termination, any documents in our custody will be returned to you within five working days. All fees for work completed to the date of termination remain payable.

Dispute resolution and governing law

These Terms and Conditions are governed by the laws of Malaysia. Any dispute arising from or related to these terms or any Willowmark service shall first be subject to informal resolution: either party may request a meeting or written exchange to attempt to resolve the matter within 30 days of notification.

If informal resolution is unsuccessful, the parties agree to submit to mediation before the Malaysian Mediation Centre where applicable. Failing resolution, disputes shall be subject to the non-exclusive jurisdiction of the courts of Malaysia.

General provisions

• Entire agreement: These Terms and Conditions, together with any written service agreement confirmed between us, constitute the entire agreement between the parties for the relevant service.
• Severability: If any provision 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 any service agreement without our written consent. Willowmark may assign its rights in the event of a business transfer.
• Notices: Formal notices should be sent by email to [email protected] or by post to the address below.

Changes to these terms

We may update these Terms and Conditions from time to time. Updated terms will be posted on this page with a new effective date. For active service engagements, we will notify clients of material changes by email at least 14 days before they take effect. Continued use of our services after that date constitutes acceptance of the revised terms.

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