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Terms of Service

Effective date: 30 June 2026
Last updated: 30 June 2026

1. About these Terms

These Terms govern your access to and use of the website at redandwhite.agency (the “Website”) and any related content, tools, communications and services we make available online (together, the “Services”).

The Website and Services are operated by Red And White Agency (Pty) Ltd, trading as “red&white”, a company registered in the Republic of South Africa under registration number 2018/071718/07 (VAT number 4650317276), with its registered office at 39 Van Riebeek Street, Bothasig, Cape Town, Western Cape, 7441 (“red&white”, “we”, “us” or “our”).

By accessing or using the Website, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use the Website.

These Terms govern your use of our Website only. The provision of paid services to clients (for example search engine optimisation, paid media, analytics and tracking, web design, or AI solutions) is governed by a separate written agreement — such as a proposal, statement of work, order form or master services agreement (“Client Agreement”). Where there is any conflict between these Terms and a signed Client Agreement, the Client Agreement prevails in respect of the services it covers.

2. Definitions

  • “Content” means all text, graphics, logos, images, audio, video, data, software, layout and other material made available through the Website.
  • “User”, “you”, “your” means any person who accesses or uses the Website.
  • “Client” means a person or organisation that engages red&white to provide paid services under a Client Agreement.

3. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Website. By using the Website you represent that you meet this requirement and that, where you use the Website on behalf of an organisation, you have authority to bind that organisation to these Terms.

4. Changes to these Terms

We may revise these Terms at any time by updating this page. The “Last updated” date shows when the latest changes took effect. Your continued use of the Website after changes are posted constitutes acceptance of the revised Terms. We encourage you to review this page periodically.

5. Changes to the Website and Services

We may update, change, suspend or withdraw all or any part of the Website and Services at any time without notice. We do not guarantee that the Website, or any Content on it, will always be available or uninterrupted. We may restrict access to some or all of the Website to users registered with us.

6. Acceptable use

You agree to use the Website only for lawful purposes. You must not:

  • use the Website in any way that breaches any applicable local, national or international law or regulation;
  • use the Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • attempt to gain unauthorised access to the Website, the server on which it is stored, or any server, computer or database connected to it;
  • introduce any viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
  • attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
  • reproduce, duplicate, copy, scrape, harvest or re-sell any part of the Website in breach of these Terms; or
  • use any automated system, software or process to extract data from the Website (including for the purpose of training machine-learning or AI models) without our prior written consent.

We may report any breach of these restrictions to the relevant authorities and disclose your identity to them.

7. Intellectual property rights

We are the owner or licensee of all intellectual property rights in the Website and the Content. These works are protected by copyright, trademark and other laws around the world. All such rights are reserved.

The “red&white”, “r&w.” names, marks and logos are trademarks of red&white. You may not use them without our prior written permission.

You may print or download extracts of Content for your own personal, non-commercial reference only. You must not modify Content, or use any illustrations, photographs, video or audio sequences or graphics separately from any accompanying text, and you must not use any part of the Content for commercial purposes without obtaining a licence from us.

8. No reliance on information

The Content is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up to date.

9. No guarantee of results

Our marketing, advertising, SEO, analytics and AI services depend on many factors outside our reasonable control — including the policies and algorithms of third-party platforms (such as search engines and advertising networks), market conditions, competitor activity and the actions of third parties.

Accordingly, we do not warrant or guarantee any specific outcome, ranking, traffic level, conversion rate, return on advertising spend or revenue result. Any forecasts, projections, benchmarks or estimates we provide are illustrative only and are not promises of future performance.

The Website may contain links to other sites and resources provided by third parties. These links are provided for your information only and we have no control over their contents. We do not endorse and are not responsible for the content, products or services of any third-party website.

11. Client engagements

Any enquiry, proposal request or form submission made through the Website does not create a binding engagement. A Client engagement begins only when a Client Agreement is signed or otherwise accepted in writing by both parties. The scope, fees, payment terms, deliverables and timelines of any paid services are set out in the applicable Client Agreement.

12. Disclaimer of warranties

To the fullest extent permitted by law, the Website and Content are provided “as is” and “as available”, without any warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Website will be secure, error-free, free of viruses, or uninterrupted.

Nothing in these Terms excludes or limits our liability where it would be unlawful to do so.

13. Limitation of liability

To the fullest extent permitted by law, in no event will red&white, its directors, employees, agents or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, data, goodwill or business opportunity, arising out of or in connection with your use of, or inability to use, the Website or Content — whether based in contract, tort (including negligence) or otherwise — even if we have been advised of the possibility of such damages.

Where liability cannot lawfully be excluded, our total aggregate liability arising out of or in connection with the Website shall not exceed the greater of R20,000 or the total fees you paid us, if any, in the 12 months preceding the claim.

This clause does not affect any statutory rights you may have as a consumer that cannot be excluded or limited by law.

14. Indemnification

You agree to indemnify and hold harmless red&white and its directors, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or connected with your breach of these Terms or your misuse of the Website.

15. Confidentiality

Where we exchange confidential information in the course of discussing or providing Services, each party agrees to keep the other’s confidential information secret and to use it only for the purpose for which it was disclosed. Detailed confidentiality obligations for paid engagements are set out in the relevant Client Agreement.

16. Privacy and cookies

Your use of the Website is also governed by our Privacy Policy and our use of cookies. Our Privacy Policy explains how we collect, use and protect personal information in accordance with the Protection of Personal Information Act, 2013 (POPIA). Please review it to understand how we handle your personal information.

17. Suspension and termination

We may suspend, restrict or terminate your access to the Website (or any part of it) at any time, without notice, if we reasonably believe you have breached these Terms or applicable law. Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability and indemnification) will continue to apply.

18. Events outside our control

We will not be liable for any failure or delay in performing our obligations where such failure or delay results from causes beyond our reasonable control, including acts of God, failure of utilities or telecommunications, internet or hosting outages, changes to third-party platforms, strikes, epidemics, or government action.

19. General

  • Entire agreement. These Terms (together with any documents referred to in them, and any applicable Client Agreement) constitute the entire agreement between you and us regarding the Website.
  • Severability. If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will continue in full force and effect.
  • Waiver. No failure or delay by us in exercising any right under these Terms will operate as a waiver of that right.
  • Assignment. You may not assign or transfer your rights under these Terms. We may assign or transfer our rights and obligations to an affiliate or successor.
  • No partnership or agency. Nothing in these Terms creates any partnership, joint venture, agency or employment relationship between you and us.

20. Governing law and jurisdiction

These Terms, their subject matter and their formation are governed by the laws of the Republic of South Africa. The courts of the Republic of South Africa will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, except that we may bring proceedings to protect our intellectual property rights in any competent court.

If you are a consumer, you may also benefit from any mandatory provisions of the law of the country in which you are resident.

21. Contact us

Questions about these Terms can be sent to:

red&white Email: info@redandwhite.agency Post: 39 Van Riebeek Street, Bothasig, Cape Town, Western Cape, 7441