Comprehensive Terms Of Service

Privacy Policy & Legal Disclaimer

1. General Disclaimer & Liability

 

This section outlines the limits of liability, safeguarding MOX Studio, its Directors, Personnel, and Subcontractors.

  • Conceptual Accuracy: All visual representations (3D renderings, mood boards) are conceptual and illustrative only. The final built project may vary due to material availability, site conditions, and construction tolerances.

  • Limitation of Liability: MOX Studio’s total liability for any claim shall be strictly limited to the total fees paid by the Client for the specific services that gave rise to the claim.

  • Personnel Protection (Indemnity): The Client agrees to indemnify and hold harmless MOX Studio, its Directors, Personnel (employees/workers), and Subcontractors against any third-party claims, losses, or damages arising from the Client’s breach of contract, negligence, or misuse of the finished project.


2. Design & Build Process and Financial Terms

 

A. MOX Studio Design & Build Service Process

Our comprehensive service is structured into five sequential phases:

Phase 1: Conceptual & Fee Agreement: Initial consultation, brief development, non-refundable Design Deposit, and acceptance of the Project Contract.

Phase 2: Detailed Design & Submission: Space planning, material selection, production of technical drawings, and submission of plans to relevant Local Authorities / Building Management.

Phase 3: Mobilization & Procurement: Site mobilization, setting up safety protocols, securing All Risks Insurance, paying Construction Deposits, and procurement of materials.

Phase 4: Construction & Execution: Commencement of demolition, civil works, M&E installation, finishing works, and site supervision (monitored via staggered progress payments).

Phase 5: Completion & Handover: Final inspection, rectification, issuance of the Certificate of Completion and Compliance (CCC) where applicable, and commencement of the Defect Liability Period (DLP).

B. Site Visits and Design Adjustments

Clause Description
Design Adjustments (Complimentary) The initial Design Fee includes One (1) major revisions and Two (2) minor revisions.
Excess Design Changes Revisions beyond the complimentary limit are subject to a formal Change Order and charged at  10% of the initial design fee.
Pre-Agreement Site Visits Only  One (1) initial site consultation is complimentary. Subsequent visits are charged at RM 500 per visit.
Post-Completion DLP Visits MOX Studio will conduct Two (2) scheduled inspections during the DLP. Others are chargeable.

C. Payment Schedule and Financial Structure

All payments shall be made according to the following staggered schedule (values are illustrative and must be legally verified):

Payment Item Timing / Milestone Value (Illustrative %) Purpose & Compliance
1. Design & Booking Deposit Upon signing of the Service Proposal (Non-Refundable) 5% of Contract Value Secures service, initiates conceptual design work.
2. Mobilization & Insurance Prior to site commencement / Contract signing 15% of Contract Value Covers Mobilization, Procurement, and Project All Risks Insurance premium.
3. Regulatory/Construction Deposit Concurrent with Mobilization Subjected to Local Authority / Building Management Guideline (Separate Sum) Deposit held by Local Authority/Building Management. Refundable to Client upon compliance.
4. Staggered Progress Payments Staged payments upon completion of agreed phases (e.g., Civil Works, M&E, Finishes). 70% of Contract Value (e.g., in 3-4 stages) Payment for work completed to date.
5. Practical Completion Upon Project Handover & Final Inspection. 5% of Contract Value Completion payment prior to DLP commencement.
6. DLP Retention Sum Released [Insert DLP Duration, e.g., 12 months] after Handover. 5% of Contract Value Held against necessary defect rectification during the Defect Liability Period.

3. Risk Mitigation & Compliance Clauses (PDPA, MACC)

These clauses are your primary legal defense for the promotion and marketing campaigns.

A. Data Protection (PDPA 2010 Compliance)

  • D.1 Introducer’s PDPA Warranty: The Introducer warrants that they have secured the Referee’s explicit, recorded consent to process and share their personal data (Name, Contact) with MOX Studio for the referral purpose.

  • D.2 Indemnity Against PDPA Breach: The Introducer agrees to indemnify and hold harmless MOX Studio (including its directors and personnel) against any and all losses, fines (including PDPA fines), or claims arising from the Introducer’s failure to obtain valid consent under Clause D.1.

B. Anti-Corruption (MACC Act 2009)

  • D.3 MACC Warranty & Assurance: The reward program is strictly a legitimate marketing incentive. The Introducer and Referee confirm that the reward is not intended as a “gratification” to improperly influence any public official or associated person, and they warrant they will not use it in a manner that breaches the MACC Act 2009.

C. General Terms & Governing Law

  • Defect Liability Period (DLP): The DLP shall commence upon Project Handover and last for Twelve (12) months. This does not exclude the Client’s statutory rights under the Consumer Protection Act 1999.

  • Governing Law: This agreement shall be governed by, and construed in accordance with, the laws of Malaysia, specifically the Contracts Act 1950.

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MOX Studio Office: +6 018 9803 902 | MOX Design Director: +6 012 2228 521
Email address: wemoxu@moxstudio.my  | moxstudiomy@gmail.com

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