Legal

Terms & Conditions

Last updated: 14 May 2025  ·  Effective: 14 May 2025

1. Definitions

In these Terms and Conditions, the following words and expressions have the meanings given below:

• "Agreement" means these Terms and Conditions together with any written engagement letter, scope note, or service proposal agreed between you and Kortessa.
• "Content" means all materials, documents, drawings, notes, reports, photographs, and other outputs produced by Kortessa in the course of delivering the Services.
• "Services" means the interior design services described on our website and in any engagement proposal, including site visits, written documentation, furniture schedules, sourcing assistance, and on-site coordination.
• "Unit" means the short-stay or holiday home property that is the subject of the engagement.
• "We / Us / Our" refers to Kortessa, operating from Jalan Tunku Abdul Rahman, Chow Kit, 50100 Kuala Lumpur, Malaysia.
• "You / Your" refers to the individual or entity engaging our Services or using our website.
• "Website" means the website operated by Kortessa at kortessa.info.

2. Acceptance of Terms

By accessing our Website or engaging our Services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, please do not use our Website or engage our Services.

• You must be at least 18 years of age and have the legal capacity to enter into a binding agreement.
• If you are acting on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these terms.
• Submitting an enquiry form on our Website does not in itself constitute a binding agreement; a formal engagement begins when a written scope or proposal has been agreed by both parties.

3. Service Description

Kortessa provides interior design services for short-stay and holiday home units in Malaysia. Our scope of practice covers design concept, spatial planning, joinery and finish specification, furniture scheduling, sourcing coordination, and on-site support visits. We operate as a non-regulated design practice and do not provide services that fall within the scope of regulated professional disciplines including architecture, structural engineering, or mechanical and electrical engineering.

• Services are available to clients with units located primarily within Kuala Lumpur and the Klang Valley. Engagements outside this area may be considered on a case-by-case basis and may carry additional travel costs.
• Service availability is subject to scheduling and capacity. We will confirm availability before accepting an engagement.
• We reserve the right to decline an enquiry or engagement where we consider it outside our practice scope or where a conflict of interest exists.

4. Enquiries and Scope

Submitting an enquiry through our Website or contacting us by telephone or email is an invitation for us to discuss your requirements. It does not create a contractual obligation on either party.

• A formal engagement begins when both parties have agreed on the scope, fee, and timeline, confirmed in writing (including by email).
• Any changes to the agreed scope after an engagement has commenced must be agreed in writing. Additional work outside the original scope may be subject to additional fees.
• We may issue a brief scope note or written proposal prior to commencing work. You should review this carefully before proceeding.

5. User Responsibilities

When using our Website and engaging our Services, you agree to:

• Provide accurate, complete, and up-to-date information about yourself and the Unit when submitting enquiries or engaging our Services.
• Ensure you have the legal right, ownership, or appropriate authority (such as landlord consent or management corporation approval) to commission interior design works at the Unit.
• Respond to reasonable requests for information, site access, or approvals within the timelines we agree, as delays may affect the delivery of our Services.
• Use our Website only for lawful purposes and in a manner that does not infringe the rights of others.
• Not attempt to access any part of our systems, networks, or data beyond what is necessary to use the Website as a visitor.

You agree not to use our Website or engage our Services in connection with any unlawful activity, misrepresentation, or purpose that would cause harm to third parties.

6. Intellectual Property

All Content produced by Kortessa in the course of an engagement — including written documentation, layout plans, furniture schedules, specification notes, photography readiness notes, and sourcing recommendations — remains the intellectual property of Kortessa until full payment of the agreed fee has been received.

• Upon receipt of full payment, Kortessa grants you a non-transferable licence to use the Content for the specific Unit for which it was produced.
• You may not reproduce, publish, sell, or share the Content with third parties (other than contractors engaged to implement our recommendations) without our written consent.
• All design concepts, methods, and processes used by Kortessa remain our intellectual property at all times.
• All content on our Website — including text, images, and design — is owned by or licensed to Kortessa. You may not reproduce or republish Website content without our prior written consent.

7. Payment Terms

Our service fees are quoted in Malaysian Ringgit (MYR / RM) and are set out in the agreed scope or proposal. The following terms apply to all engagements:

• A deposit of 50% of the agreed fee is payable before work commences, unless otherwise agreed in writing.
• The remaining balance is payable upon delivery of the agreed outputs or at the completion of the final on-site visit, as applicable to the service engaged.
• Invoices are payable within 7 calendar days of issue unless otherwise agreed.
• We accept payment by bank transfer. Details will be provided on the invoice.
• If payment is not received by the due date, we reserve the right to pause work until the outstanding balance is settled.
• Fees quoted are for the scope as described. Any additional work requested outside the agreed scope will be quoted separately and must be agreed in writing before we proceed.

All fees are quoted exclusive of any applicable taxes unless stated otherwise. Clients are responsible for any government taxes or levies applicable to their circumstances.

8. Service Delivery Terms

We will use reasonable care and skill to deliver the Services within the timeframes agreed. However, delivery is subject to:

• Timely provision by you of access to the Unit, required information, and any approvals needed to proceed.
• The availability of sourced items (for the Sourcing, Installation, and Guest-Ready Walkthrough service), which may be affected by supplier lead times or stock availability.
• Reasonable access to the Unit for site visits and the installation-day attendance, to be arranged at a mutually convenient time.

We will communicate any anticipated delays as promptly as reasonably possible and will work with you to adjust timelines where circumstances require it. We are not liable for delays caused by factors outside our reasonable control.

Our Services are delivered within the scope described in the service descriptions on our Website and in any agreed scope note. We do not undertake building works, structural modifications, or regulated engineering services, and any reference to "installation" in our service descriptions refers to the placement and arrangement of furniture and soft furnishings, not construction or trade works.

9. Disclaimers

Our Website and the information on it are provided in good faith and to the best of our knowledge. However:

• We do not represent that the Website will be free from errors, interruptions, or that it will be available at all times.
• Interior design recommendations are made based on our professional experience and the information you provide. We do not make representations about the financial or commercial outcomes of implementing our recommendations — including, without limitation, occupancy rates, listing performance, or rental returns.
• We do not provide advice in regulated fields including architecture, structural engineering, property valuation, legal, tax, or financial advice. Where such advice is needed, you should seek it from a qualified professional.
• Our services are provided with reasonable care and skill; we do not offer outcomes or results beyond the scope of the design work itself.

10. Limitation of Liability

To the fullest extent permitted by Malaysian law:

• Our total liability to you in connection with any engagement shall not exceed the total fees paid by you to us for that specific engagement.
• We shall not be liable for any indirect, consequential, special, or incidental loss, including loss of revenue, loss of profit, or loss of anticipated savings, whether or not such losses were foreseeable.
• We are not liable for loss or damage arising from reliance on information provided on our Website, or from delays or failures caused by circumstances outside our reasonable control (including supplier delays, access restrictions, or force majeure events).

Nothing in these terms limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be limited under applicable law.

11. Indemnification

You agree to indemnify and hold harmless Kortessa, its designers, and associates from any claims, losses, damages, or expenses (including reasonable legal costs) arising from:

• Your breach of these Terms and Conditions.
• Your misrepresentation of your authority to commission works at the Unit.
• Any use of our Content outside the licence granted under these terms.
• Any act or omission by you or your contractors in implementing our recommendations.

12. Termination

Either party may terminate an engagement by giving written notice. The following terms apply:

• If you terminate an engagement after work has commenced, you are liable to pay for all work completed to the date of termination, calculated as a proportion of the agreed fee or on a time-spent basis, whichever is greater.
• If we terminate an engagement due to your material breach of these terms, outstanding fees for work completed remain payable.
• If we terminate without cause, we will refund any portion of advance payment that relates to work not yet commenced.
• Upon termination, each party's obligations cease except for those that are expressed to survive termination (including intellectual property provisions, payment obligations for completed work, and limitation of liability clauses).

13. Dispute Resolution

We prefer to resolve any concerns through direct, good-faith conversation. If you have a concern about our Services or a disagreement regarding these terms:

1. Please contact us first in writing at [email protected], describing the issue clearly. We will respond within 10 business days.
2. If we are unable to reach an agreed resolution through direct communication, either party may refer the matter to mediation through an agreed mediator or the Malaysian Mediation Centre.
3. If mediation does not resolve the matter, the dispute shall be subject to the jurisdiction of the courts of Malaysia, and these terms are governed by the laws of Malaysia.

14. General Provisions

• Entire Agreement: These terms, together with any written scope or proposal, constitute the entire agreement between the parties with respect to the subject matter and supersede any prior discussions or representations.
• 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 of these terms on one occasion does not constitute a waiver of our right to enforce it on a future occasion.
• Assignment: You may not assign your rights or obligations under these terms without our prior written consent. We may assign our obligations to a qualified associate in the ordinary course of our practice.
• Notices: Formal notices under these terms should be sent by email to the addresses on file for each party, and will be deemed received on the next business day following sending.

15. Changes to These Terms

We may update these Terms and Conditions from time to time to reflect changes in our practice, applicable law, or our services. Changes will be published on this page with a revised effective date.

For engagements already in progress, the terms in place at the time the engagement was agreed will continue to apply unless both parties agree otherwise in writing. Continued use of our Website after updated terms are published constitutes acceptance of the revised terms for future engagements.

16. Contact

For questions about these Terms and Conditions, please contact:

• Email: [email protected]
• Phone: +60 3-2691 8453
• Address: Jalan Tunku Abdul Rahman, Chow Kit, 50100 Kuala Lumpur, Malaysia