Effective date: January 2026

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These Terms and Conditions govern the use of Brandhouse Collective’s website and the provision of our branding, marketing, design, content, website and related creative services.

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By using our website, submitting an enquiry, accepting a quotation, making a payment or instructing us to begin work, you confirm that you have read and accepted these Terms and Conditions.

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1. Business information

The website and services are operated by:

Trading name: Brandhouse Collective
Legal entity: Chantel Cromer-Wilson / Janaé Cromer-Wilson
Physical address: Sunningdale, Umhlanga, KwaZulu-Natal, South Africa
Email address: hello@brandhouseco.co.za
Website: https://www.brandhouseco.co.za/

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In these Terms and Conditions, “we”, “us” and “our” refer to Brandhouse Collective, and “Client”, “you” and “your” refer to the person or organisation using our website or purchasing our services.

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2. Website use

Our website is provided for general information about our business, portfolio and services.

You agree not to:

• Use the website for unlawful or fraudulent purposes.

• Attempt to gain unauthorised access to the website or its systems.

• Introduce viruses, malicious code or harmful technology.

• Copy, reproduce or commercially exploit website content without permission.

• Submit false, misleading, abusive or unlawful information through our forms.

We may restrict or terminate access to the website where we reasonably believe that these Terms have been breached.

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3. Website information

We take reasonable care to keep the information on our website accurate and current. However, website content is provided for general information and does not constitute a binding quotation, guarantee or professional advice.

Services, pricing, availability and estimated turnaround times may change without notice. Any formal scope, price and delivery period will be confirmed in a written quotation or proposal.

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4. Enquiries and electronic communication

Submitting an enquiry, contact form or briefing form does not create a binding agreement between you and The Brandhouse Collective.

A binding agreement is created when:

• You accept our quotation or proposal in writing;

• You issue a purchase order that we accept;

• You pay the required deposit; or

• You instruct us in writing to begin the work.

Email, electronic signatures, online approvals and WhatsApp messages may be accepted as written communication and approval.

You are responsible for ensuring that the contact information supplied to us is correct and monitored.

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5. Quotations

Unless otherwise stated, quotations are valid for 14 calendar days from the date of issue.

A quotation includes only the services, deliverables, quantities and formats specifically listed in it. Work outside the quoted scope will be quoted or charged separately.

Prices may be revised after the quotation validity period or where:

• The brief or scope changes;

• Incorrect or incomplete information was originally supplied;

• Supplier prices or exchange rates change;

• The Client delays the project for an extended period; or

• Additional work becomes necessary.
   

6. Acceptance of quotations

A quotation will be regarded as accepted when you:

• Sign or electronically accept it;

• Confirm acceptance by email or WhatsApp;

• Issue an accepted purchase order;

• Pay the required deposit; or

• Instruct us to commence work.

Acceptance confirms that you approve the quoted scope, pricing, payment terms and these Terms and Conditions.

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7. Deposits and commencement

Unless otherwise stated in the quotation, a 50% deposit is required before work begins.

Work will only be scheduled once we have received:

• The required deposit;

• The completed brief;

• The necessary content and brand material;

• Required access credentials; and

• Any other information reasonably required to begin the work.

Deposits secure production time and are non-refundable once work has commenced, subject to any rights that cannot lawfully be excluded.

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8. Payment terms

Unless otherwise stated:

• Invoices are payable within seven calendar days.

• Monthly retainers and recurring services are payable monthly in advance.

• Third-party expenses may be payable in full before an order or booking is placed.

• The final balance must be paid before final files, websites, campaigns, printed items or completed work are released or published.

Payments must be made into the bank account shown on our invoice. We will not be responsible for payment made into an incorrect account where banking details were altered through fraud or interception without our knowledge.

You should verify any unexpected change to our banking details directly with us before making payment.

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9. Late payments

Where an invoice is overdue, we may:

• Pause or reschedule work;

• Suspend website, hosting, maintenance or retainer services;

• Withhold final deliverables;

• Decline further instructions; and

• Charge reasonable recovery costs permitted by law.

Interest may be charged on overdue balances at the lesser of 2.5% per month or the maximum amount permitted by applicable law.

Suspension caused by late payment may affect deadlines and service availability.

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10. Invoice queries

Any query or dispute regarding an invoice must be raised in writing within seven calendar days of the invoice date.

Raising a query does not entitle the Client to withhold payment of any undisputed amount.

The parties will attempt to resolve genuine billing disputes promptly and in good faith.

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11. Client responsibilities

Unless otherwise agreed that Brandhouse supplies the below, the client is responsible for supplying complete, accurate and lawful:

• Instructions and briefs;

• Copy, photographs, videos and brand assets;

• Product information and pricing;

• Contact details, dates and legal disclaimers;

• Login details and platform access;

• Feedback and approvals; and

• Information necessary for the project.

The Client must appoint one authorised contact person where possible. Conflicting instructions from multiple representatives may result in delays or additional charges.

We are not responsible for delays or errors caused by incomplete, inaccurate or late information supplied by the Client.

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12. Timelines

Project timelines are estimates unless a deadline is expressly guaranteed in writing.

A timeline begins once the deposit, final brief, required content and access have been received.

Timelines may be extended where:

• The Client delays content, feedback or approval;

• The scope changes;

• Additional revisions are requested;

• A third-party supplier causes a delay;

• Technical difficulties arise; or

• Events beyond our reasonable control occur.

Urgent work may attract an additional rush fee where accepted by us.

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13. Revisions

Unless otherwise stated, the quoted fee includes two reasonable rounds of revisions.

A revision is an adjustment to the agreed concept or deliverable. It does not include:

• A new creative direction;

• A substantially changed brief;

• A new campaign or concept;

• Additional pages, formats or deliverables;

• Rewriting approved content;

• Recreating work following delayed feedback; or

• Changes requested after final approval.

Additional revisions or work outside the agreed scope will be charged at our applicable hourly or project rate.

Unused revision rounds have no cash value and cannot be transferred to another project.

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14. Change requests

Any request that changes the agreed scope may require:

• A revised quotation;

• An additional deposit;

• An adjusted deadline; or

• Separate invoicing at our current hourly rate.

We will notify the Client where we reasonably believe an instruction falls outside the original scope.

We are not obliged to proceed with additional work until the additional cost and timing have been accepted.

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15. Approvals and proofing

The Client must carefully review all work before approval, including:

• Spelling and grammar;

• Names and contact information;

• Pricing and product details;

• Dates and addresses;

• Links and contact buttons;

• Colours, dimensions and layouts;

• Legal wording and disclaimers; and

• Print, publishing and technical specifications.

Approval may be given by email, WhatsApp, electronic signature or another agreed method.

Once final approval has been given, the Client accepts responsibility for the approved content. Corrections requested after approval may be charged separately.

We are not responsible for errors contained in Client-supplied information or errors that the Client approved.

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16. Cancellation and postponement

A cancellation must be submitted in writing.

Where a project is cancelled after work has commenced, the Client will be responsible for:

• Work completed up to the cancellation date;

• Production time already reserved;

• Approved or completed project stages;

• Non-refundable supplier expenses; and

• Commitments made to third parties on the Client’s behalf.

The deposit will be applied against these amounts. If the work completed and costs incurred exceed the deposit, the balance will be invoiced.

Projects postponed by the Client will be rescheduled according to our availability.

Where a project remains inactive for more than 30 days because Client content, instructions or approval have not been received, we may place it on hold. Projects inactive for more than 60 days may be closed and requoted before work resumes.

Nothing in this section removes any cancellation or cooling-off right that applies under South African law.

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17. Monthly retainers

Retainer services are limited to the agreed monthly scope, deliverables and allocated time.

Unless otherwise agreed:

• Retainer fees are payable monthly in advance.

• Unused hours or deliverables do not automatically carry over.

• Additional work is quoted or charged separately.

• Client delays do not extend the applicable service month.

• Retainers may be suspended while an account is overdue.

The minimum term and notice period will be stated in the relevant proposal or agreement. Where no minimum term is stated, the retainer will continue monthly and may be terminated on 30 calendar days’ written notice.

Work completed, expenses incurred and fees falling within the notice period remain payable.

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18. Third-party suppliers and expenses

Third-party costs are excluded unless specifically included in the quotation. These may include:

• Printing and production;

• Photography and videography;

• Models, stylists and venues;

• Stock photographs, music, fonts and licences;

• Website hosting and domain registration;

• Software, plugins and subscriptions;

• Advertising and media spend;

• Influencers and content creators;

• Couriers, travel and installation; and

• Specialist contractors.

Third-party expenses may be payable in advance.

Third-party services are subject to the supplier’s own terms, policies, availability and licences. We are not responsible for supplier delays, outages, price changes, defects or service interruptions beyond our reasonable control.

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19. Printing and physical production

Colours may differ between screens, printers, materials and production batches. Reasonable colour variation is not considered a defect.

The Client must approve final artwork, dimensions, quantities, materials and specifications before production.

Once printing or production has been approved and ordered, changes may not be possible. Reprinting caused by approved errors, changed instructions or incorrect Client information will be for the Client’s account.

Where a genuine supplier defect occurs, our responsibility will be limited to assisting the Client with the supplier’s available remedy.

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20. Websites, domains and hosting

Website services include only the functionality and deliverables listed in the quotation.

Unless expressly included, website quotations exclude:

• Ongoing updates and maintenance;

• Hosting and domain renewals;

• Premium plugin and software renewals;

• Copywriting and photography;

• Search engine optimisation;

• E-commerce product loading;

• Cybersecurity monitoring;

• Legal policies and regulatory advice; and

• Technical support after the agreed support period.

The Client is responsible for maintaining current domain, hosting, software and licence payments after handover.

We are not responsible for downtime, data loss, hacking, compatibility problems or functionality changes caused by:

• Hosting providers;

• Third-party software;

• Platform updates;

• Expired licences;

• Cyberattacks;

• Client changes;

• Another service provider; or

• Circumstances beyond our reasonable control.

The Client must keep secure backups and protect its login credentials.

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21. Social media and digital marketing

The Client is responsible for the accuracy and legality of all claims, prices, promotions, competitions, product information and instructions supplied for publication.

We may schedule, publish or manage content using third-party platforms. Platform access, functionality, algorithms, policies and account status remain outside our control.

We do not guarantee:

• A particular number of followers;

• Engagement or reach;

• Leads or sales;

• Search rankings;

• Advertising approval;

• Media coverage; or

• A specific return on investment.

Marketing performance may be affected by budget, audience, competition, market conditions, platform algorithms, the Client’s offering and the Client’s sales process.

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22. Advertising expenditure

Advertising spend, media budgets and platform charges are separate from our strategy, creative and management fees unless expressly included.

The Client must approve the advertising budget and campaign before launch.

Advertising platforms may reject, restrict, suspend or modify campaigns or accounts. We will take reasonable steps to assist, but cannot guarantee approval or continued platform access.

Amounts paid directly to advertising platforms are subject to the platform’s refund and billing policies.

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23. Intellectual property

All intellectual property in concepts, designs, copy and other work remains ours until all amounts relating to the project have been paid in full.

Once full payment has been received, the Client will receive the agreed rights to the final approved deliverables created specifically for the Client.

Unless expressly included, the transfer does not include:

• Preliminary or rejected concepts;

• Editable or layered source files;

• Working documents;

• Templates and design systems;

• Strategy frameworks;

• Production methods;

• Internal processes;

• Licensed software;

• Fonts and stock assets; or

• Third-party intellectual property.

Editable source files may be supplied where specifically included in the quotation or agreed at an additional fee.

Third-party material remains subject to the relevant owner’s licence terms.

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24. Client-supplied material

The Client confirms that it owns or has obtained permission to use all material supplied to us, including:

• Logos and trademarks;

• Photographs and videos;

• Music and voice recordings;

• Written content;

• Testimonials and reviews;

• Personal information;

• Product claims; and

• Third-party designs or artwork.

The Client is responsible for claims arising from Client-supplied material or instructions that infringe another party’s intellectual property, privacy or other legal rights.

We may decline to publish material that we reasonably believe is unlawful, misleading, defamatory, discriminatory or infringing.

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25. Portfolio and promotional use

Unless confidentiality has been agreed in writing, we may display completed and publicly released work in:

• Our portfolio;

• Our website;

• Social media;

• Presentations;

• Proposals;

• Industry submissions; and

• Other promotional material.

We will not intentionally publish confidential information or unreleased campaigns without permission.

The Client may request a reasonable publication delay for confidential launches or campaigns.

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26. Confidentiality

Each party agrees to protect confidential information received from the other and to use it only for the project or business relationship.

Confidentiality does not apply to information that:

• Is publicly available through no breach of these Terms;

• Was already lawfully known;

• Is received lawfully from another source;

• Is independently developed; or

• Must be disclosed by law or court order.

We may share information with employees, contractors and suppliers who reasonably require it to perform the services and who are subject to appropriate confidentiality obligations.

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27. Personal information and privacy

We may collect and process personal information supplied through:

• Website forms;

• Emails and messages;

• Quotations and invoices;

• Client onboarding;

• Account administration;

• Analytics and cookies; and

• Service delivery.

Personal information may be used for legitimate purposes such as:

• Responding to enquiries;

• Preparing quotations;

• Providing services;

• Processing payments;

• Maintaining business records;

• Improving our website and services;

• Meeting legal obligations; and

• Sending marketing communication where lawfully permitted.

We will take reasonable measures to protect personal information. However, no internet transmission or electronic storage system can be guaranteed to be completely secure.

You may request access to, correction of or deletion of personal information, subject to applicable legal and record-keeping requirements, by contacting us at [insert privacy email address].

Further information should be included in our separate Privacy Policy.

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28. Cookies and analytics

Our website may use essential cookies, analytics tools and similar technologies to:

• Operate the website;

• Remember preferences;

• Understand website use;

• Improve performance; and

• Measure marketing activity.

You may manage cookies through your browser or any cookie-consent tool provided on the website. Disabling certain cookies may affect website functionality.

Further details should be provided in our Cookie Notice or Privacy Policy.

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29. Direct marketing

We will only send direct electronic marketing where permitted by law.

You may unsubscribe from marketing communication at any time by using the unsubscribe option provided or contacting us directly.

Administrative messages relating to active enquiries, projects, invoices, security or existing services are not marketing messages.

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30. External links

Our website may contain links to third-party websites, platforms or services.

These links are provided for convenience. We do not control and are not responsible for third-party content, security, availability, privacy practices or terms.

Accessing third-party websites is at your own risk.

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31. No guaranteed results

We will provide services with reasonable professional care based on the agreed brief and information available.

Creative, branding and marketing services involve professional judgement and may produce subjective results. Unless expressly guaranteed in writing, we do not warrant that a service will produce a specific commercial, financial or marketing outcome.

The Client remains responsible for its business decisions, legal compliance, product quality, customer service and commercial results.

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32. Limitation of liability

Nothing in these Terms excludes liability that cannot lawfully be excluded.

To the extent permitted by law, our total liability arising from a particular project or service will not exceed the amount paid to us for the specific service giving rise to the claim.

We will not be liable for indirect or consequential loss, including:

• Loss of profit;

• Loss of revenue;

• Loss of opportunity;

• Loss of anticipated savings;

• Loss of data; or

• Reputational harm.

We will not be responsible for loss caused by:

• Incorrect or incomplete Client instructions;

• Client-approved errors;

• Third-party suppliers or platforms;

• Delayed Client approvals;

• Unauthorised changes by the Client or another provider;

• Client failure to maintain backups or security; or

• Events outside our reasonable control.
   

33. Indemnity

To the extent permitted by law, the Client indemnifies The Brandhouse Collective against third-party claims arising from:

• Material or instructions supplied by the Client;

• Unlawful, misleading or infringing Client content;

• Claims made about the Client’s products or services;

• The Client’s breach of these Terms; or

• Use of the completed work outside the agreed purpose or licence.

This clause does not apply where a claim results directly from our unlawful conduct or gross negligence.

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34. Suspension or termination

We may suspend or terminate services where:

• An account is overdue;

• The Client materially breaches these Terms;

• Required information or cooperation is repeatedly withheld;

• The Client requests unlawful or unethical work;

• The working relationship becomes abusive or unsafe; or

• Continuing the service would expose us to legal or reputational risk.

Where reasonably possible, we will provide written notice and an opportunity to remedy the breach.

Termination does not affect amounts already due or rights that arose before termination.

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35. Force majeure

Neither party will be liable for delay or failure caused by circumstances beyond its reasonable control, including:

• Power or internet failures;

• Natural disasters;

• Fire or flooding;

• Civil unrest;

• Government restrictions;

• Illness or incapacity;

• Cyber incidents;

• Supplier interruptions; or

• Platform-wide technical failures.

The affected party must take reasonable steps to reduce the impact. Deadlines will be adjusted where reasonably necessary.

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36. Complaints and dispute resolution

Complaints must first be submitted in writing to [insert email address], together with sufficient information for us to investigate.

The parties will attempt to resolve the dispute through good-faith negotiation.

Where a dispute cannot be resolved directly, the parties may agree to mediation before commencing court proceedings.

Nothing in this clause prevents a consumer from approaching an appropriate consumer body, regulator, tribunal or court where entitled to do so.

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37. Governing law

These Terms and all agreements with The Brandhouse Collective are governed by the laws of the Republic of South Africa.

Any legal proceedings will be dealt with by a South African court with jurisdiction, subject to any consumer right to approach another authorised forum.

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38. Changes to these Terms

We may update these Terms periodically to reflect changes to our services, business practices or legal obligations.

The updated version will be published on our website with a revised effective date.

Changes will not retrospectively alter an accepted quotation unless required by law or agreed in writing.

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39. General provisions

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.

A failure or delay in enforcing a right does not amount to a waiver of that right.

The accepted quotation, proposal, brief and these Terms form the entire agreement for the relevant services. Where there is a conflict, the specific written terms of the accepted quotation or proposal will take priority.

No amendment to an accepted project agreement will be valid unless recorded in writing.

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40. Contact information

Questions about these Terms may be directed to:

Brandhouse Collective
Email: hello@brandhouseco.co.za
Telephone: +27 826440266
Physical address: Sunningdale, Umhlanga, KwaZulu-Natal, South Africa
Website: https://www.brandhouseco.co.za/

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By continuing to use our website or accepting a quotation, you acknowledge that you have read, understood and agreed to these Terms and Conditions.

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