Legal Document
Terms & Conditions
1. Definitions
Throughout these Terms & Conditions, the following terms carry the meanings set out below:
- "Agreement"
- These Terms & Conditions together with any service proposal, engagement letter, or written confirmation exchanged between Octavia Forge and the Client.
- "We / Us / Our"
- Octavia Forge, a business operating at Unit 5-2, Nu Tower 2, Jalan Tun Sambanthan, 50470 Kuala Lumpur, Malaysia.
- "Client / You / Your"
- The organisation, business, or individual who engages Octavia Forge for the provision of services.
- "Service"
- Any writing-support tooling, workflow configuration, training, or consultancy offering described on our website or in a service proposal, including the Drafting Assistant Trial, Content Tooling Setup, and Editorial Workflow Programme.
- "Content"
- Any written material, briefs, brand guidelines, templates, or other documents provided by the Client or produced as part of the Service.
- "Website"
- The Octavia Forge website accessible at octaviav.pro and any related subdomains.
2. Acceptance of Terms
2.1 By submitting an inquiry through our Website, signing a service proposal, or making a payment toward any Service, you indicate that you have read and agree to be bound by this Agreement in full.
2.2 You confirm that you are at least 18 years of age, or the minimum age of legal majority in your jurisdiction if that age is higher, and that you have the legal capacity to enter into a binding agreement.
2.3 Where you are engaging our services on behalf of an organisation, you represent that you have the authority to bind that organisation to these terms.
2.4 If you do not agree to any part of this Agreement, you should refrain from using our Website or engaging our services.
3. Service Description
3.1 Octavia Forge provides writing-support tooling services to content and marketing teams. Our current service offerings are:
Drafting Assistant Trial (RM 510): An introductory session that sets up a working sandbox using your own briefs and explores how writing-support tools can support consistent brand voice in first-draft work.
Content Tooling Setup (RM 1,640): Configuration of templates and a human-editor-led review workflow, paired with a training session for content and brand leads.
Editorial Workflow Programme (RM 2,840): A broader engagement covering multiple content streams, quality guidelines, and scheduled review sessions to support consistent output across teams.
3.2 Services are primarily delivered in English and are designed for teams operating in Malaysia. Remote delivery may be arranged where appropriate.
3.3 We reserve the right to modify, suspend, or discontinue any Service at reasonable notice. Where a Service is modified after a confirmed engagement, we will discuss adjustments with you in advance.
4. User Responsibilities
4.1 You agree to use our services only for lawful purposes and in a manner consistent with all applicable Malaysian laws and regulations.
4.2 You are responsible for providing accurate, complete, and up-to-date information when making an inquiry or confirming an engagement.
4.3 You agree not to:
- Misrepresent your identity or the nature of your organisation
- Use any output from our services in a way that violates third-party rights
- Share, resell, or sublicense any proprietary tools, templates, or materials provided by Octavia Forge without written consent
- Interfere with the operation of our Website or any associated systems
- Use our services to produce content that is deceptive, harmful, or unlawful
4.4 Where your team participates in training sessions, you are responsible for ensuring that participants are briefed on appropriate conduct and data handling.
5. Intellectual Property
5.1 All proprietary materials produced by Octavia Forge — including methodologies, process documentation, template frameworks, and training materials — remain the intellectual property of Octavia Forge unless otherwise agreed in writing.
5.2 Upon full payment, you are granted a non-exclusive, non-transferable licence to use any deliverables produced specifically for your organisation as part of the agreed Service scope, for your own internal business purposes.
5.3 You may not reproduce, distribute, or adapt Octavia Forge's proprietary materials for commercial purposes outside your organisation without prior written consent.
5.4 Any Content, briefs, brand guidelines, or materials you provide to us remain your intellectual property. You grant Octavia Forge a limited licence to use such materials solely for the purpose of delivering the agreed Service.
5.5 Nothing in this Agreement transfers ownership of any pre-existing intellectual property from either party to the other.
6. Payment Terms
6.1 All service fees are quoted and payable in Malaysian Ringgit (RM). Current fees are as stated on our Website and in any written service proposal.
6.2 Payment is due in accordance with the schedule set out in the service proposal. Where no schedule is specified, full payment is due prior to commencement of the Service.
6.3 Accepted payment methods will be confirmed at the time of engagement and may include bank transfer, online payment platforms, or other methods as agreed.
6.4 Fees are subject to applicable taxes in accordance with Malaysian tax regulations.
6.5 Refund Policy: Requests to cancel or reschedule an engagement should be submitted in writing. Refund eligibility depends on the timing of the request relative to the commencement of work:
- Requests received more than 5 business days before the start date: full refund of any advance payment.
- Requests received 2–5 business days before the start date: 50% of any advance payment refunded.
- Requests received within 1 business day, or after work has commenced: no refund is available, though we will discuss rescheduling where feasible.
6.6 Refunds, where applicable, will be processed within 14 business days of approval.
7. Service-Specific Terms
7.1 Scope and Delivery
Each Service is delivered according to a scope agreed at the time of engagement. Any request to expand the scope beyond what was agreed may result in revised pricing or scheduling, which we will discuss with you before proceeding.
7.2 Client Participation
Many of our services involve collaborative sessions and require the active participation of your team. We ask that you make appropriate team members available at agreed times. Delays caused by unavailability may affect delivery timelines.
7.3 Written Summaries and Documentation
Where a service includes a written summary or guidelines document, this will be delivered in a format agreed at engagement. Minor editorial adjustments may be requested within 7 days of delivery; substantive changes fall outside the original scope.
7.4 Timeline Commitments
We will provide estimated timelines for each engagement. These are based on mutual availability and timely provision of required materials by the Client. We will communicate any delays promptly and work with you to agree a revised schedule.
8. Confidentiality
8.1 Both parties acknowledge that, in the course of the Service, each may have access to information that is confidential or commercially sensitive.
8.2 Each party agrees to keep such information confidential and not to disclose it to any third party without the prior written consent of the other, except where disclosure is required by law or by a competent regulatory authority.
8.3 This obligation of confidentiality survives the termination of this Agreement for a period of two (2) years.
8.4 Confidential information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; or (c) is independently developed by the receiving party without reference to the confidential information.
9. Disclaimers
9.1 Our services are provided in good faith to support your team's writing and content processes. We do not warrant that any writing-support tool or workflow configuration will produce specific business outcomes, content volume, or editorial quality levels.
9.2 Writing-support tools involve elements of AI-assisted drafting. All output from such tools remains subject to human editorial judgement; Octavia Forge does not represent that such outputs will be free from error, bias, or inaccuracy.
9.3 Nothing in our services constitutes legal, financial, medical, or professional advice of any regulated kind. If you require specialist professional advice, you should seek it from a suitably qualified practitioner.
9.4 Our Website and materials are provided on an "as available" basis. We do not warrant that access will be uninterrupted or error-free at all times.
10. Limitation of Liability
10.1 To the maximum extent permitted by Malaysian law, Octavia Forge's total liability to you under or in connection with this Agreement — whether in contract, tort (including negligence), or otherwise — shall not exceed the total amount paid by you for the specific Service giving rise to the claim in the 12 months preceding the event.
10.2 We shall not be liable for any indirect, incidental, consequential, or special loss or damage, including loss of revenue, loss of data, loss of business opportunity, or reputational harm, even if we have been advised of the possibility of such loss.
10.3 Nothing in this Agreement excludes or limits liability for death or personal injury caused by our negligence, or for fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable Malaysian law.
10.4 We shall not be held liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including but not limited to utility disruptions, network outages, or other force majeure events.
11. Indemnification
11.1 You agree to indemnify, defend, and hold harmless Octavia Forge, its principals, and personnel from and against any claims, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- Your breach of any provision of this Agreement
- Your use of the Service in a manner not authorised by this Agreement
- Any Content you provide that infringes the rights of a third party
- Your violation of any applicable law or regulation
11.2 We will give you prompt written notice of any such claim and will cooperate reasonably with you in the defence of such claim. We reserve the right to assume control of the defence at our own cost.
12. Termination
12.1 Either party may terminate an engagement by providing written notice. Where termination is initiated by the Client, refund terms in Section 6.5 apply.
12.2 We may suspend or terminate a Service immediately, without prior notice, if you breach a material term of this Agreement and fail to remedy that breach within 7 days of written notice, or if you engage in conduct that we reasonably consider harmful to our business or reputation.
12.3 Upon termination, each party shall promptly return or securely destroy any confidential information belonging to the other.
12.4 Sections relating to intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and dispute resolution shall survive termination of this Agreement.
13. Dispute Resolution
13.1 This Agreement shall be governed by and construed in accordance with the laws of Malaysia, including where applicable the Contracts Act 1950, the Consumer Protection Act 1999, and any other relevant Malaysian legislation.
13.2 The courts of Malaysia, sitting in Kuala Lumpur, shall have exclusive jurisdiction over any dispute arising from or in connection with this Agreement.
13.3 Before initiating formal proceedings, both parties agree to attempt to resolve any dispute informally by writing to the other party's designated contact. The parties shall engage in good-faith discussion for a period of 30 days from the date of written notice.
13.4 Where informal resolution is not achieved within 30 days, either party may refer the matter to mediation conducted by the Malaysian Mediation Centre or such other body as the parties may agree, before commencing any court proceedings.
14. General Provisions
14.1 Entire Agreement. This Agreement, together with any service proposal or written confirmation, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements relating to the same subject matter.
14.2 Severability. If any provision of this Agreement is found to be invalid or unenforceable under applicable law, that provision shall be deemed severed, and the remainder of the Agreement shall continue in full force and effect.
14.3 Waiver. No failure or delay by either party to exercise any right under this Agreement shall constitute a waiver of that right. Any waiver must be in writing to be effective.
14.4 Assignment. You may not assign your rights or obligations under this Agreement to any third party without our prior written consent. We may assign our rights and obligations to a successor entity, provided we give you reasonable notice.
14.5 Notices. Formal notices under this Agreement should be sent in writing by email to the addresses specified in the engagement documentation, or to [email protected] for matters relating to these Terms.
15. Changes to Terms
15.1 We may update these Terms & Conditions from time to time to reflect changes in our services, applicable law, or operational requirements. The "Last Updated" date at the top of this page will be revised accordingly.
15.2 Where changes are material, we will take reasonable steps to bring them to your attention, which may include a notice on our Website or direct communication where we hold your contact details.
15.3 Your continued use of our services following the publication of updated terms constitutes your acceptance of those changes. If you do not agree to the revised terms, you should notify us and cease use of the Service.
16. Contact Information
For any questions regarding these Terms & Conditions, or to raise a legal matter, please contact us:
Octavia Forge
Unit 5-2, Nu Tower 2, Jalan Tun Sambanthan, 50470 Kuala Lumpur, Malaysia