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Legal — Programme Terms

Terms & Conditions

These terms set out the arrangement between Provenance and any household that enquires about or engages our records curation and heritage cataloguing sessions. The sessions are organisational and curatorial in nature. Nothing in these terms, and nothing said during any session, constitutes professional legal, financial, or advisory counsel.

Effective date: 01 April 2025  |  Last updated: 19 April 2025  |  Governing law: Malaysia

1. Definitions

In these terms, the following words carry the meanings set out here:

"Provenance"
The records curation and heritage cataloguing practice operating at 27 Lorong Universiti A, 11700 Gelugor, Penang, Malaysia.
"Household"
The family or individual engaging Provenance for one or more sessions; the primary contact is the data subject and contracting party.
"Programme"
Any of the three session offerings: the Single-Session Records Inventory, the Four-Session Records and Heritage Programme, or the Annual Library Programme.
"Session"
An individual facilitated meeting, in person or remote, forming part of a Programme.
"Materials"
Any inventory sheet, heritage catalogue template, or reference document produced during or after a Session.
"Agreement"
These Terms & Conditions together with any confirmation of engagement sent by Provenance via email.

2. Acceptance of Terms

By submitting an enquiry through this site, or by confirming engagement of a Programme in writing, the Household agrees to be bound by this Agreement. The primary contact must be at least 18 years of age and have the capacity to enter into a binding arrangement.

If the Household does not agree to these terms, it should not submit an enquiry or proceed with a booking.

3. Description of Services

Provenance offers three organisational and curatorial programmes:

Programme 01

Single-Session Records Inventory — RM 540

A three-hour session. The Household builds a one-page inventory of where every important household paper is held, who manages it, and which official channel to consult for further reference. No document is interpreted; no professional counsel is offered.

Programme 02

Four-Session Records and Heritage Programme — RM 1,860

Four sessions over two months. The Household builds both a structured records folder and a small heritage catalogue. Sessions are organisational and curatorial throughout. No document is interpreted; no professional counsel is offered.

Programme 03

Annual Library Programme — RM 4,580

Five sessions over twelve months (one setup, three quarterly check-ins, one annual review). The Household receives a structured records folder and an updated heritage catalogue at the close of the year. Sessions are organisational and curatorial throughout. No document is interpreted; no professional counsel is offered.

Provenance reserves the right to adjust session formats (in-person vs remote) where circumstances require, provided equivalent time and output are maintained. The Household will be notified of any such change in advance.

4. Household Responsibilities

  • Make the agreed household papers and records available at each Session so that the inventory or catalogue work can proceed.
  • Ensure that a responsible adult is present for the duration of each Session.
  • Provide accurate contact information to allow scheduling confirmations to be sent.
  • Notify Provenance of any rescheduling requirement at least 48 hours before the confirmed session time.
  • Not present any document with the expectation that Provenance will interpret its legal or financial standing — that falls outside the scope of these sessions entirely.

5. Intellectual Property

The frameworks, templates, and facilitation methods used by Provenance during sessions remain the intellectual property of Provenance. The completed inventory sheets and heritage catalogue entries produced for a specific Household during a Programme are the Household's own records and belong to that Household.

Households may not reproduce, distribute, or resell Provenance's templates or session frameworks without written permission from Provenance.

6. Payment Terms

Programme Fee (MYR) Payment Schedule
Single-Session Records Inventory RM 540 Full payment on booking confirmation
Four-Session Records and Heritage Programme RM 1,860 50% on booking; 50% before Session 3
Annual Library Programme RM 4,580 50% on booking; 50% before Session 3

All fees are in Malaysian Ringgit (MYR) and include applicable taxes. Payment may be made by bank transfer to the account details provided in the booking confirmation email.

Where a booked session has not yet commenced and the Household notifies Provenance of cancellation at least five business days before the first session, a full refund will be issued. Cancellations within five business days of the first session or after the programme has commenced are non-refundable. Rescheduled sessions (with 48 hours' notice) are not subject to any additional charge.

7. Rescheduling and Absence

Where a Household provides at least 48 hours' notice, a session may be rescheduled once at no additional cost within the programme window. A second reschedule request may incur an administrative fee of RM 80, to be confirmed in writing before the session is rescheduled.

Where a Household is absent without prior notice, that session is considered forfeited. Provenance will attempt to reschedule on a goodwill basis, subject to calendar availability, but is under no obligation to do so without additional charge.

8. Disclaimers

Non-Advisory Nature of Sessions

Provenance sessions are organisational and curatorial. Nothing said, written, or presented by Provenance during any session constitutes legal advice, financial advice, tax advice, or any other form of professional counsel. Households should consult an appropriately qualified professional for matters requiring interpretation of legal or financial documents.

Provenance makes no representation about the completeness of a Household's records after any session — the quality and scope of the inventory or catalogue depends on the documents made available and the information the Household provides.

9. Limitation of Liability

To the extent permitted by Malaysian law, Provenance's total liability to a Household for any claim arising out of or related to a Programme shall not exceed the total fees paid by that Household for the relevant Programme.

Provenance is not liable for indirect, consequential, or incidental loss arising from the use of session Materials, including any decision a Household makes based on the records or catalogue produced during a Programme.

Nothing in these terms excludes liability for fraud or for death or personal injury caused by negligence.

10. Termination

Either party may terminate an in-progress Programme by giving written notice. Where Provenance initiates termination for reasons other than Household breach, a pro-rata refund for sessions not yet completed will be issued within 14 business days.

Where a Household initiates termination after the programme has commenced, fees paid for sessions already delivered are non-refundable. Any outstanding balance owed under the payment schedule at the point of termination remains due.

11. Dispute Resolution

This Agreement is governed by the laws of Malaysia. In the event of a dispute, both parties agree to first attempt resolution through written correspondence directed to [email protected].

Where informal resolution is not reached within 30 days, either party may refer the matter to the courts of Penang, Malaysia, or to a mutually agreed mediator.

12. General Provisions

  • Entire Agreement:This Agreement constitutes the whole arrangement between the parties relating to the Programme and supersedes all prior correspondence or representations.
  • Severability:If any provision is held invalid or unenforceable, the remaining provisions continue in full force.
  • Waiver:Failure by Provenance to enforce any provision does not constitute a waiver of the right to enforce it later.
  • Assignment:The Household may not transfer its rights or obligations under this Agreement without the prior written consent of Provenance.
  • Notice:Written notices between the parties shall be delivered via email to the addresses on record at the time of engagement.

13. Changes to Terms

Provenance may revise these terms from time to time. Where the change is material, active Programme clients will be notified by email at least 14 days before the change takes effect. For enquirers who have not yet engaged a Programme, the current version of these terms on the site applies at the time of engagement.

The effective date at the top of this page indicates when the current version was last updated.