Renovation Guarantee Terms

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Atap Renovation Guarantee Terms and Conditions

This Renovation Guarantee is made by Mocento Sdn Bhd (1009728H) (“Company”), a company incorporated and existing under the laws of Malaysia, with its principal place of business at Atap.co Experience Centre Setapak, The Ark by Platinum Victory, No.2, Jalan 3/23a, Setapak, 53000 Kuala Lumpur.

As a trusted and leading platform for designer-sourcing, the Company offers this guarantee to ensure complete customer satisfaction and peace of mind for property owners embarking on their renovation journey when they engage one of Atap.co’s verified designer firms.

The Company shall be bound by the following terms and conditions:

  1. Definitions
    1. For the purposes of this Guarantee, the following terms shall have the meanings ascribed to them herein:
      • Claim: A formal request for compensation submitted by a Property Owner pursuant to Clause 3.
      • Claimable Event: An event as defined in Clause 2.2 that triggers the Company’s obligation to consider a Claim.
      • Contract: A legally binding agreement entered into between a Verified Designer Firm and a Property Owner solely as a result of the utilization of Atap.co and its services.
      • Verified Designer Firm: A legal entity engaged in the provision of Renovation Services who enters into a Contract with a Property Owner through Atap.co and its services.
      • Property Owner: A natural person who enters into a Contract with a Verified Designer Firm for the purchase of Renovation Services through Atap.co and its services.
      • Guarantee: The undertaking of the Company to compensate a Property Owner for losses arising from the default of a Verified Designer Firm, subject to the terms and conditions hereof.
      • Renovation Services: Services or goods intended to enhance the residential or commercial property of a Property Owner, including but not limited to renovations and repairs.
      • Maximum Assured Sum: The sum of Ringgit Malaysia Fifty Thousand (RM50,000.00).
      • Party: Collectively, a Property Owner, Verified Designer Firm, or the Company.
      • Payout: The monetary compensation provided by the Company to a Property Owner pursuant to a valid Claim and subject to the terms of this Guarantee.
      • Terms: The terms and conditions governing the Guarantee.
    2. Unless the context otherwise requires, words importing the singular number shall include the plural and vice versa, and words importing the masculine gender shall include the feminine and neuter genders. 
  2. Guarantee
    1. Subject to the strict compliance with the conditions precedent set forth herein, the Company hereby guarantees to compensate a Property Owner for losses directly incurred as a result of the Verified Designer Firm’s default under the Contract. Such compensation shall be limited to the lesser of the Maximum Assured Sum or fifty percent (50%) of the Contract value.
    2. The Property Owner must submit the Contract to the Company within fourteen (14) days from the Contract signing date for the Guarantee to be activated.
    3. A “Claimable Event” shall occur when a court of competent jurisdiction issues an order adjudicating the Verified Designer Firm bankrupt or insolvent under Malaysian laws.
  3. Claim and Payout Procedure
    1. A Property Owner seeking compensation pursuant to this Guarantee shall submit a written Claim to the Company within fourteen (14) days of the occurrence of a Claimable Event.
    2. The Claim must be submitted on the Claim Form provided by the Company and shall contain the following information:
      • The full name, identification number, and contact details of the Property Owner and the Verified Designer Firm;
      • Detailed particulars of the Contract, including the contract date, value, location, and scope of services;
      • Comprehensive documentation supporting the Claim, including but not limited to invoices, receipts, photographs, and correspondence;
      • A detailed account of the circumstances giving rise to the Claim, including the date of default by the Verified Designer Firm;
      • Banking details for the disbursement of any potential Payout.
    3. The Company reserves the right to request additional information or documentation from the Property Owner to facilitate the assessment of the Claim. Failure to provide such information or documentation within a reasonable time may result in the rejection of the Claim.
    4. Upon receipt of a complete Claim, the Company shall initiate an investigation to determine its validity, eligibility, and quantum. The Company shall exercise reasonable diligence in conducting such investigation and shall notify the Property Owner of its decision in writing within thirty (30) days of receipt of the Claim.
    5. If the Company determines that the Claim is valid and eligible for compensation, it shall issue a written offer of settlement to the Property Owner, specifying the amount of the Payout. The Property Owner shall have fourteen (14) days to accept or reject the offer.
    6. Upon acceptance of the settlement offer by the Property Owner, the Company shall initiate the Payout to the Property Owner within thirty (30) days, subject to any necessary verification procedures. The Company reserves the right to divide the Payout into multiple payments, or replace the Payout with Renovation Services of equal value.
    7. If the Company determines that the Claim is invalid or ineligible for compensation, it shall provide the Property Owner with a written notice of rejection, stating the reasons for such rejection.
    8. The decision of the Company regarding the validity, eligibility, and quantum of a Claim shall be final and conclusive.
  4. Limitations and Exclusions
    1. Limitations on Payout. Notwithstanding the Claimable Events enumerated in Clause 2.2, the Company shall not be obligated to make a Payout if any of the following circumstances exist or are reasonably believed by the Company to exist:
      • The Contract’s termination or breach was substantially induced by the Property Owner or resulted from mutual agreement with the Verified Designer Firm.
      • The Contract was frustrated by unforeseeable circumstances beyond the control of both the Property Owner and the Verified Designer Firm, and such circumstances are not attributable to the Verified Designer Firm (e.g., force majeure). 
      • The Property Owner refused to accept Renovation Services provided by any of the Verified Designer Firm’s appointed agents or independent contractors. 
      • The Claim is not made in good faith.
    2. Scope of Guarantee. The Guarantee does not cover losses incurred by the Property Owner, such as costs for engaging another party to rectify alleged deficiencies in the Verified Designer Firm’s work. The Guarantee extends solely to sums paid but not refunded for unperformed work. The Company shall determine the value of unperformed services based on submitted documentation, and its decision, absent manifest error, is final and binding.
    3. Payout Limits. The Company will make a maximum of five Payouts per calendar year, with a total aggregate Payout to all Property Owners not exceeding RM120,000.00 (subject to potential offsets under Clause 4.4).
    4. Offset of Debts. To determine the Payout amount, the Company may offset any debts or liabilities owed by the Property Owner to the Verified Designer Firm or the Company.
    5. No Interest. The Company shall not pay interest on any Payout.
    6. Payout Exclusivity. A Payout to a Property Owner for a specific Contract precludes any other person from claiming a Payout or compensation related to that Contract.
    7. Assignment Restriction. The Property Owner may not assign or transfer their rights under this Agreement to any third party, including but not limited to by operation of law or in connection with divorce or death.
    8. Time Limit for Claims. To be considered, the Property Owner must submit the Claim within 180 days from the Contract signing date. The Company shall have no liability after this period.
  5. Subrogation
    1. Upon making a Payout to a Property Owner, the Company shall be subrogated to all rights and remedies of the Property Owner against the Verified Designer Firm to the extent of the Payout amount.
    2. The Property Owner shall cooperate fully with the Company in any action or proceeding undertaken by the Company to recover the amount of the Payout from the Verified Designer Firm.
  6. Recovery of Overpayment
    1. If the Company determines that a Payout has been made in error or in excess of the amount due, it shall have the right to recover the overpayment from the Property Owner.
    2. The Company shall provide written notice to the Property Owner specifying the amount of the overpayment and the basis for the determination.
    3. The Property Owner shall repay the overpayment to the Company within thirty (30) days of receipt of the notice.
  7. Acknowledgements and Agreements
    1. Nature of Guarantee. The Property Owner acknowledges that these Terms constitute a guarantee provided by the Company, subject to the terms and conditions herein, as may be modified or amended by the Company from time to time. This guarantee is not an insurance policy and does not replace any insurance procured or obtainable by the Property Owner.
    2. Good Faith and Loss Mitigation. The Property Owner agrees to act in good faith in all dealings with the Company. Prior to submitting a Claim to the Company, the Property Owner shall make reasonable efforts to mitigate or recover losses from the Verified Designer Firm.
    3. Investigation Rights. The Company and its appointed representatives reserve the right to conduct or commission independent investigations, at its sole discretion and expense, into the facts and circumstances of any Claim.
    4. Information Access and Usage. Upon submitting a Claim, the Property Owner authorizes the Company and its appointed representatives to review all correspondence, documents, and evidence between the Property Owner and the Verified Designer Firm. The Property Owner agrees to assist the Company in gathering any requested information necessary for the resolution of this Claim, and allows the Company to use the obtained information on Atap.co and its associated platforms.
  8. General Provisions
    1. Severability. If any provision of these Terms is or becomes illegal, invalid, or unenforceable in any respect under the law of any jurisdiction, such provision will be severed from these Terms, and the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.  
    2. Waiver. No waiver of any right or remedy under these Terms will be effective unless in writing and signed by the Party granting the waiver. A waiver on one occasion will not constitute a waiver for any subsequent breach.
    3. No Partnership. Nothing in these Terms constitutes a partnership, joint venture, or agency relationship between the Parties.
    4. Termination and Modification. The Company may terminate or modify the scheme established by these Terms at its sole discretion, effective upon posting the notice of termination or amended Terms on Atap.co.
    5. Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of Malaysia, and the Parties irrevocably submit to the exclusive jurisdiction of the Malaysian courts.  
    6. Compliance with Laws. The Parties agree to comply with all applicable laws, regulations, and requirements in performing their obligations under these Terms, including but not limited to the Personal Data Protection Act 2010.
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