Terms & Conditions

These Terms and Conditions ("Terms") govern the use of this website and the engagement of services offered by Stonewake ("we", "us", "our"), a records and document support service operating in Kuching, Sarawak, Malaysia. By using this website or engaging our services, you agree to these Terms. Please read them carefully before proceeding.

1. Definitions

• "Service" means any of the three engagement types offered by Stonewake: Practical Steps Briefing, Papers Gathering Support, and Family Archive & Chronology Retainer, as described on this website.
• "User" or "Client" means any person who uses this website or engages Stonewake for a Service.
• "We / Us / Our" refers to Stonewake.
• "Scope Document" means the written engagement summary provided to the Client before any paid work begins, confirming what is included, what is not included, and the price.
• "Agreement" means these Terms together with the applicable Scope Document.

2. Acceptance of Terms

By submitting a contact form on this website, by engaging Stonewake for a Service, or by signing or confirming a Scope Document, you agree to be bound by these Terms. You must be at least 18 years old and have the legal capacity to enter a binding agreement. If you are acting on behalf of another person or an estate, you warrant that you are authorised to do so.

3. Nature of the Service

Stonewake provides clerical records and document support only. Specifically:

• We sort, label, index, and organise physical and scanned documents.
• We produce bound files, gap lists, chronologies, and summary sheets.
• We provide directories of registered professionals in Sarawak.

Stonewake does not provide legal advice, financial advice, tax advice, or any other advice requiring professional licensing. We do not act in the Client's name, contact third parties on the Client's behalf, value any asset, or interpret any document's legal effect. Any matter requiring professional advice must be referred to a qualified and registered practitioner.

4. Service Description and Scope Document

A written Scope Document will be prepared and confirmed before any paid work begins. The Scope Document will state the service tier, the number of appointments, deliverables, any materials to be supplied at cost, and the total price. No work will begin until the Client has confirmed the Scope Document in writing (by email or signed copy).

5. User Responsibilities

• Provide accurate contact and location information at the time of enquiry.
• Make documents accessible for appointments, where applicable.
• Obtain any permissions from co-owners or co-inheritors that may be required before sharing family documents with us.
• Not use our services for any unlawful purpose.
• Not request advice or representation beyond the scope described in these Terms.

6. Payment Terms

Prices are quoted and invoiced in Malaysian Ringgit (RM). A deposit of 50% of the total engagement fee is payable before the first appointment. The remaining balance is payable on completion of the final appointment. Materials such as binders and dividers are charged at cost and itemised on the invoice.

Payment is accepted by bank transfer to the account details provided in the invoice. We do not accept cash payments for services.

If an engagement is paused by the Client and not resumed within six months, any work completed to that point will be invoiced at a pro-rata rate calculated on the total engagement price.

7. Cancellation and Pausing

Clients may pause any engagement at any time without penalty, subject to the provisions in clause 6 above regarding long pauses. Clients may cancel an engagement before it begins (prior to the first appointment) and receive a full refund of any deposit paid. After the first appointment has taken place, the deposit is non-refundable. If a client cancels mid-engagement, work completed to that point will be invoiced at a pro-rata rate.

Stonewake may cancel an engagement if the Client's instructions or the nature of the documents presented require actions outside our scope (such as legal interpretation). In that case, we will provide a full refund of any amounts paid for work not yet completed.

8. Intellectual Property

All written materials produced by Stonewake in the course of a service engagement (step lists, gap lists, chronologies, summary sheets, bound registers) are provided to the Client for their personal use. Stonewake retains copyright in the format and structure of those materials but grants the Client an unlimited licence to use the content for their own family and estate purposes.

All content on this website is the property of Stonewake. You may not reproduce or redistribute it without permission.

9. Document Handling

Original documents remain in the Client's possession at all times. Stonewake coordinators do not remove originals from the Client's premises. Scanned copies are placed on storage designated and controlled by the Client. Stonewake does not retain copies of Client documents after an engagement concludes.

10. Disclaimer

Our services are provided for practical organisational purposes only. We make no representation that the documents gathered or the file produced will be sufficient for any legal, financial, or administrative purpose. The suitability of a file for use with a solicitor, accountant, or government authority depends on factors outside our knowledge and control. We strongly recommend that Clients obtain professional advice for all regulated matters.

11. Limitation of Liability

To the maximum extent permitted by Malaysian law, Stonewake's liability for any claim arising from an engagement is limited to the total amount paid by the Client for that engagement. We are not liable for indirect, consequential, or incidental losses, including loss of estate value, loss of a legal claim, or delay in estate administration.

12. Indemnification

You agree to indemnify Stonewake against any claims, losses, or expenses arising from your breach of these Terms, your misrepresentation of your authority to share the documents provided to us, or your use of our services for an unlawful purpose.

13. Termination

Either party may terminate an engagement at any time in writing. The consequences of termination are governed by clause 7 (Cancellation and Pausing). Provisions relating to intellectual property, limitation of liability, and dispute resolution survive termination.

14. Dispute Resolution

These Terms are governed by the laws of Malaysia. The parties will first attempt to resolve any dispute informally by written communication. If a dispute cannot be resolved within 30 days of written notice, it will be submitted to the jurisdiction of the courts of Sarawak, Malaysia.

15. General Provisions

• Entire Agreement: These Terms and the applicable Scope Document constitute the entire agreement between the parties for each engagement.
• Severability: If any provision is found unenforceable, the remaining provisions continue in effect.
• Waiver: Failure to enforce any provision does not constitute a waiver of the right to enforce it later.
• Assignment: You may not assign your rights under these Terms. Stonewake may assign rights with written notice to you.
• Notices: Notices may be sent by email to the address provided by either party.

16. Changes to These Terms

We may update these Terms from time to time. The current version will be published on this page with a revised effective date. Changes do not apply to engagements already confirmed by a Scope Document signed before the change.

17. Contact

For questions about these Terms: [email protected]

Postal address: Stonewake, 37 Jalan Song Thian Cheok, 93100 Kuching, Sarawak, Malaysia.