01 Definitions
The following terms are used throughout this Agreement and carry the meanings set out below:
- "Kava Studio", "we", "us", "our" refers to Kava Studio, an interior design practice registered and operating in Malaysia, with its principal place of business at 20 Jalan Bangkung, Bangsar, 59100 Kuala Lumpur.
- "Client", "you", "your" refers to the individual or legal entity engaging Kava Studio for design or related services.
- "Services" refers to interior design consultations, design development, build management, and any other professional services provided by Kava Studio as described in a proposal or service agreement.
- "Agreement" refers collectively to these Terms and Conditions, any written proposal or scope of work, and any project-specific letter of engagement between the parties.
- "Deliverables" refers to drawings, renders, mood boards, specification documents, reports, and other tangible outputs produced during the provision of Services.
- "Project" refers to the specific interior design or renovation scope agreed between the parties.
02 Acceptance of Terms
By engaging Kava Studio — whether through signing a proposal, making a deposit payment, or proceeding with Services following written or verbal confirmation — you confirm that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety.
- You must be at least 18 years of age and legally capable of entering a binding agreement under Malaysian law.
- Where you engage Kava Studio on behalf of a company or organisation, you represent that you have authority to bind that entity to this Agreement.
- If you do not agree with any provision of these Terms, you should not proceed with engaging our Services.
03 Service Description
Kava Studio provides interior design and related professional services primarily to clients based in Malaysia. Our current service offerings include:
- Line Drawing Consultation — a focused assessment and written brief to establish design direction, delivered within approximately seven days.
- Refined Interior Design — a full design service covering spatial planning, material and furniture selection, 3D renders, and a complete specification document, with a typical timeline of six to nine weeks.
- Clean Build Management — project oversight and contractor coordination during the renovation phase, spanning approximately eight to fourteen weeks.
The precise scope of each project is defined in a written proposal or scope of work document provided prior to commencement. Services are delivered primarily within the Klang Valley, though Kava Studio may at its discretion accept projects in other locations across Malaysia.
04 Client Responsibilities
To enable Kava Studio to deliver Services effectively, you agree to:
- Provide accurate and complete information regarding the project space, budget, timeline expectations, and any existing plans, permissions, or constraints.
- Respond to queries and requests for feedback within a reasonable timeframe, typically within five working days unless otherwise agreed.
- Grant reasonable access to the property for site visits, measurements, and inspections as required during the project.
- Ensure that any third parties whose cooperation is needed — including landlords, management corporations, or co-owners — have granted the necessary approvals before work commences.
- Obtain all required building permits, approvals from strata management, and any other regulatory consents applicable to the project prior to any renovation works. Kava Studio may assist in identifying required consents but bears no responsibility for obtaining them.
- Notify Kava Studio promptly of any material changes to the project brief, budget, or timeline.
Delays or additional costs arising from the client's failure to meet these responsibilities will be addressed through a change order or revised timeline, at Kava Studio's reasonable discretion.
05 Intellectual Property
All Deliverables produced by Kava Studio — including drawings, renders, concept boards, written specifications, and digital files — remain the intellectual property of Kava Studio until all fees for the relevant Services have been paid in full.
Upon receipt of full payment, Kava Studio grants you a non-exclusive, non-transferable licence to use the Deliverables for the specific Project only. This licence does not permit reproduction, resale, or modification of the Deliverables for other projects or purposes without written consent from Kava Studio.
- Kava Studio retains the right to photograph, record, and publish images of completed projects for portfolio, marketing, and editorial purposes, unless you have requested in writing prior to project commencement that the space remain private.
- You may not share, publish, or distribute Deliverables in unfinished or preliminary form without permission.
06 Payment Terms
Fees and Pricing
All fees are quoted in Malaysian Ringgit (MYR) and are inclusive of any applicable taxes unless stated otherwise. Fees are set out in the written proposal and are based on the agreed scope. Changes to scope may result in revised fees, communicated via a written change order.
Payment Schedule
- A deposit of fifty percent (50%) of the quoted fee is required to confirm commencement of Services.
- The remaining balance is due upon delivery of final Deliverables, unless an alternative schedule has been agreed in writing.
- For build management services, a phased payment schedule may be provided in the project proposal.
Accepted Payment Methods
Payments may be made via bank transfer to Kava Studio's designated account. Details are provided in the invoice. Online payment options may be available upon request.
Late Payment
Invoices unpaid beyond thirty (30) days of the due date may incur a late fee at a rate consistent with applicable Malaysian commercial practice. Kava Studio reserves the right to pause work on a project until outstanding balances are settled.
Refund Policy
Deposits are non-refundable once work has commenced. If a project is cancelled by the client before commencement, a refund of the deposit may be considered at Kava Studio's discretion, subject to any costs already incurred. Completed phases of work are charged in full regardless of cancellation.
07 Project Delivery and Scope
Timelines
Timelines stated in proposals are estimates based on normal project conditions. Kava Studio will make reasonable efforts to meet agreed schedules. Delays caused by client feedback cycles, third-party contractors, permit processing, material lead times, or circumstances outside our control do not constitute a breach of this Agreement.
Revisions
Each service tier includes a defined number of revision rounds as specified in the proposal. Additional revisions beyond the included rounds will be charged at an hourly rate to be agreed in writing before such work is undertaken.
Scope Changes
Any request to change the agreed project scope — including additions to the brief, changes to the property, or alteration of agreed specifications — will be addressed through a written change order outlining the impact on fees and timeline. Work on changes will not proceed until the change order is approved by the client.
Third-Party Contractors
Where Kava Studio coordinates or recommends third-party contractors or suppliers, we act in an advisory capacity only. We are not a party to any contract between you and those third parties, and we bear no liability for their work, pricing, or conduct unless otherwise agreed in writing as part of a build management engagement.
08 Disclaimers
Services are provided on a professional best-efforts basis. Kava Studio does not guarantee specific aesthetic outcomes, cost savings, property value increases, or regulatory approval of design proposals.
- Design outcomes are subject to client preferences, budget constraints, material availability, and contractor execution, all of which are outside Kava Studio's full control.
- Any indicative costings or budget estimates provided during the design process are not binding quotations and may vary based on market conditions and final specifications.
- Kava Studio's Services do not constitute structural engineering, quantity surveying, legal advice, or any other licensed professional service beyond interior design practice.
09 Limitation of Liability
To the fullest extent permitted under Malaysian law, Kava Studio's total liability to you in connection with any project or engagement shall not exceed the total fees paid to Kava Studio for the Services giving rise to the claim.
Kava Studio shall not be liable for any indirect, consequential, incidental, or special damages, including but not limited to loss of profit, loss of enjoyment, or cost of remediation arising from third-party contractor work.
Nothing in these Terms excludes liability for fraud, death, or personal injury caused by gross negligence, which cannot be excluded under Malaysian law.
10 Indemnification
You agree to indemnify and hold harmless Kava Studio, its staff, and associates from and against any claims, costs, damages, or liabilities arising from:
- Your failure to obtain required permits, approvals, or consents for renovation works.
- Inaccurate or incomplete information provided to Kava Studio during the engagement.
- Your use or implementation of Deliverables in a manner not sanctioned by Kava Studio.
- Disputes with third-party contractors or suppliers engaged directly by you.
11 Termination
Either party may terminate the engagement by providing written notice to the other. The following conditions apply:
- If termination is initiated by the client, fees are payable for all work completed up to the point of termination. Any deposit paid is non-refundable.
- If termination is initiated by Kava Studio due to a material breach by the client (including non-payment beyond thirty days), Kava Studio retains all fees paid and rights to Deliverables until outstanding amounts are settled.
- Upon termination, Deliverables produced to date will be provided to the client in their current state upon receipt of all outstanding fees.
- Provisions relating to intellectual property, liability, and dispute resolution survive termination of this Agreement.
12 Dispute Resolution
These Terms and Conditions are governed by the laws of Malaysia. In the event of a dispute arising from or related to this Agreement, the parties agree to:
- Informal resolution first: Contact the other party in writing to describe the issue and propose a resolution. Both parties will make a genuine effort to resolve the matter within twenty-one (21) days of the notice.
- Mediation: If informal resolution fails, either party may refer the matter to a recognised mediation body in Malaysia before pursuing formal legal proceedings.
- Jurisdiction: Any legal proceedings shall be subject to the exclusive jurisdiction of the courts of Malaysia, with the courts of Kuala Lumpur as the preferred venue.
The Consumer Protection Act 1999 (Malaysia) may apply to certain aspects of the client relationship. Nothing in these Terms seeks to limit rights that cannot lawfully be excluded under that legislation.
13 General Provisions
- Entire Agreement: These Terms, together with any written proposal or engagement letter, constitute the entire agreement between the parties and supersede all prior discussions or representations.
- Severability: If any provision is found to be unenforceable, the remaining provisions continue in full effect.
- Waiver: Kava Studio's failure to enforce any right under this Agreement does not constitute a waiver of that right.
- Assignment: You may not assign your rights or obligations under this Agreement without Kava Studio's written consent. Kava Studio may engage subcontractors or associates to assist in delivering Services without prior consent, provided that Kava Studio retains responsibility for the overall quality of the work.
- Notices: Formal notices under this Agreement should be provided in writing via email to the addresses on record for each party, or by post to the addresses provided in the proposal.
14 Changes to These Terms
Kava Studio may update these Terms and Conditions from time to time. Where changes are material, we will provide notice via email or via a notice on our website at least fourteen (14) days before the updated Terms take effect.
Continued engagement with Kava Studio's Services after the effective date of any revised Terms constitutes acceptance of those Terms. The date at the top of this page indicates when the Terms were most recently updated.
15 Contact
For any questions regarding these Terms and Conditions, or to raise a concern about a project engagement, please contact us:
Kava Studio
20 Jalan Bangkung, Bangsar, 59100 Kuala Lumpur, Malaysia
Phone: +60 3-2201 7362
Email: [email protected]
Mon – Fri, 9:00am – 6:00pm (MYT)