Welcome to The Disrupt Agency (“TDA”, “we”, “us” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of the website https://thedisruptagency.co.za/ (the “Website”) and any services, content, or products we make available through it (collectively, the “Services”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the Website.

1. Definitions

  • “Client” means any person or entity that engages TDA for Services.
  • “Content” means all text, graphics, images, logos, designs, videos, and other material on the Website.
  • “User”, “you” or “your” means any person who accesses or uses the Website.

2. Use of the Website

You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Website by any third party. You must not:

  • Use the Website in any way that breaches any applicable local, national, or international law or regulation;
  • Attempt to gain unauthorised access to the Website, the server on which it is stored, or any server, computer, or database connected to it;
  • Transmit any viruses, malware, or other harmful code, or engage in any activity that disrupts or interferes with the Website;
  • Copy, reproduce, distribute, or exploit any Content without our prior written consent.

3. Services

TDA provides digital marketing, branding, advertising, web design, and related creative services. The scope, deliverables, fees, and timelines for any engagement will be set out in a separate written proposal, quotation, or service agreement (“Engagement Agreement”) between TDA and the Client. In the event of any conflict between these Terms and an Engagement Agreement, the Engagement Agreement will prevail in respect of that specific engagement.

4. Quotations, Fees and Payment

  • All quotations are valid for the period stated therein and are subject to change thereafter.
  • Unless otherwise agreed in writing, a deposit may be required before work commences.
  • Invoices are payable within the period stated on the invoice. Late payments may attract interest and/or suspension of Services.
  • All fees are exclusive of VAT unless otherwise stated, and are quoted in South African Rand (ZAR) unless otherwise agreed.

5. Intellectual Property

All Content on the Website, including our trademarks, logos, and brand elements, is owned by or licensed to TDA and is protected by applicable intellectual property laws. Ownership of deliverables produced for a Client transfers only upon full payment of all applicable fees, and unless otherwise agreed in the Engagement Agreement. TDA retains the right to display work produced for Clients in its portfolio and marketing materials unless otherwise agreed in writing.

6. Third-Party Links and Services

The Website may contain links to third-party websites or services that are not owned or controlled by TDA. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Your use of such third-party services is at your own risk.

7. Disclaimers

The Website and its Content are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied. While we make every effort to ensure the information on the Website is accurate and up to date, we do not warrant that the Website will be uninterrupted, error-free, or free of harmful components. TDA does not guarantee any specific results from the use of its Services, as outcomes depend on numerous factors beyond our control.

8. Limitation of Liability

To the fullest extent permitted by law, TDA, its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Website or Services. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

9. Indemnity

You agree to indemnify and hold harmless TDA and its representatives from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your breach of these Terms or your misuse of the Website or Services.

10. Privacy and Data Protection

We are committed to protecting your personal information in accordance with the Protection of Personal Information Act, 2013 (POPIA) and other applicable laws. Any personal information you provide will be handled in accordance with our Privacy Policy. By using the Website, you consent to the collection and use of your information as described therein.

11. Termination

We reserve the right to suspend or terminate your access to the Website at any time, without notice, if we believe you have breached these Terms. Termination of any Engagement Agreement will be governed by the terms of that agreement.

12. Changes to These Terms

We may update or amend these Terms from time to time at our sole discretion. Any changes will be posted on this page with an updated “Last updated” date. Your continued use of the Website after any such changes constitutes your acceptance of the revised Terms.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. You agree to submit to the exclusive jurisdiction of the South African courts in respect of any dispute arising out of or in connection with these Terms.

14. Contact Us

If you have any questions about these Terms and Conditions, please contact us: