Terms and Conditions
Last updated: 05 October 2026
These Terms and Conditions govern your use of frankandernest.co.za (“the Website”), which is operated by Frank And Ernest (Pty) Ltd, trading as Frank&Ernest (“Frank&Ernest”, “we”, “us” or “our”).
By accessing or using the Website, you agree to these Terms and Conditions. If you do not agree with them, please do not use the Website.
1. About the Website
The Website provides information about Frank & Ernest, our strategic and creative services, our approach, selected work and ways to contact us.
The Website is not an online shop. It does not offer products for ecommerce purchase and does not create a service agreement merely because you browse the Website or submit an enquiry.
2. Professional services
Any proposal, quotation, scope of work or service agreement we provide will be subject to its own written terms. If there is a conflict between these Website Terms and a signed service agreement, the signed service agreement will apply to the relevant services.
Information on the Website is general information only. It is not a quotation, guarantee, promise of results or professional advice for a particular project.
3. Use of the Website
You may use the Website only for lawful purposes. You must not:
- use the Website in a way that breaches any applicable law;
- attempt to gain unauthorised access to the Website, its systems or accounts;
- introduce malicious code, viruses or harmful material;
- interfere with the Website’s operation or security;
- scrape, copy, reproduce or systematically extract Website content without permission;
- use Website content to misrepresent your relationship with Frank & Ernest; or
- submit information that is unlawful, defamatory, misleading or infringes another person’s rights.
4. Intellectual property
Unless stated otherwise, the Website and its content—including its text, copy, design, layout, logos, trade names, graphics, photographs, videos, case material and other creative work—belong to Frank & Ernest or are used under licence.
You may view the Website for personal or internal business evaluation. You may not reproduce, adapt, publish, distribute, sell, licence, commercially exploit or otherwise use Website content without our prior written permission or the permission of the relevant rights holder.
Third-party names, logos, brands, campaign material and trademarks remain the property of their respective owners. Their appearance on the Website does not necessarily imply an ongoing commercial relationship or endorsement.
5. Portfolio and historic work
The portfolio is presented to illustrate experience, creative capability and selected work. Some work may have been created before the current Frank & Ernest partnership or in collaboration with agencies, clients, production companies and other creative partners.
Portfolio descriptions are provided for context and do not constitute a guarantee that the same team, process, supplier or result will apply to a future project.
6. Enquiries and submissions
You may submit an enquiry through the Website or contact us by email or telephone. You are responsible for ensuring that information you submit is accurate and that you have permission to share it.
Submitting an enquiry does not oblige Frank & Ernest to accept a project, provide a proposal or keep an opportunity open. We may contact you using the details you provide in order to respond to your enquiry.
Unless we expressly agree otherwise in writing, do not send unsolicited confidential or proprietary material through the Website. We do not accept responsibility for reviewing or protecting unsolicited material as confidential.
7. Accuracy and availability
We try to keep the Website accurate, current and available, but we do not warrant that its content is complete, error-free, continuously available or suitable for every purpose.
We may change, suspend or remove any part of the Website without notice. We are not obliged to update historic portfolio material, service descriptions, contact details or other information.
8. Third-party links and services
The Website may link to third-party websites, social platforms, video services or other resources. These links are provided for convenience. We do not control and are not responsible for third-party content, availability, security, privacy practices or terms.
9. Disclaimers and limitation of liability
To the extent permitted by law, you use the Website at your own risk. We will not be liable for loss or damage arising from your use of, or inability to use, the Website or reliance on Website content, including indirect, incidental, consequential or economic loss.
Nothing in these Terms and Conditions excludes or limits liability that cannot lawfully be excluded or limited under South African law, including liability for fraud, intentional misconduct or any other liability that the law requires us to accept.
10. Indemnity
To the extent permitted by law, you agree to indemnify Frank & Ernest against claims, losses, liabilities, costs and expenses arising from your unlawful use of the Website, your breach of these Terms and Conditions or your infringement of another person’s rights.
11. Privacy and cookies
Our processing of personal information is described in our Privacy Policy. The Website may use cookies and similar technologies as described in that policy.
12. Suspension or termination
We may restrict or suspend access to the Website where reasonably necessary for maintenance, security, legal compliance or because we believe that someone is misusing the Website.
13. Governing law
These Terms and Conditions are governed by the laws of the Republic of South Africa. Subject to any mandatory legal rights, the courts of Johannesburg, Gauteng, South Africa will have jurisdiction over disputes arising from or connected with these Terms and Conditions.
14. Changes to these terms
We may update these Terms and Conditions from time to time. The latest version will be published on this page with the updated date. Your continued use of the Website after an update constitutes acceptance of the revised terms.
15. Contact
Frank And Ernest (Pty) Ltd
Trading as Frank&Ernest
Email: hello@frankandernest.co.za
Telephone: 082 551 9903