GUIDE TO TERMS AND CONDITIONS

The ISPA Code of Conduct states as follows:
D. Standard terms and conditions
10. ISPA members must provide access to their standard terms and conditions on their web sites. These terms and conditions must be available to any potential customer prior to the commencement of any contract.
11. Standard terms and conditions must contain:
All information and terms relevant to the relationship with the recipient of the service; a requirement that the customer will not knowingly create, store or disseminate any illegal content; a commitment to lawful conduct in the use of the services, including copyright and intellectual property rights; and an undertaking not to send or promote the sending of spam.
12. Standard terms and conditions must give an ISPA member the right to remove any content hosted by that member which it considers illegal or for which it has received a take-down notice.
13. Standard terms and conditions must give the ISPA member the right to suspend or terminate the service of any customer that does not comply with the terms and conditions, Acceptable Use Policy or any other contractual obligations.
"Section D of the ISPA Code of Conduct requires that members provide access to their standard terms and conditions on their website. Please note the following:
1. What is required here is that you provide the terms and conditions under which you do business, i.e. the terms and conditions set out in the service agreement that you enter into with your customers. These terms and conditions must include the items specifically listed in sections 11, 12 and 13.
2. Section D does not refer to your Acceptable Use Policy (AUP) - which is part of your terms and conditions of service - or to the terms and conditions applicable to the use of your website.
3. The requirement to display your standard terms and conditions is also contained in the ICASA Code of Conduct Regulations (i.e. it is required under the licences which you hold).
4. Have a look at the following sites for guidance (please note that materials on these sites may be copyright protected):
http://www.is.co.za/Legal/Pages/IS-standard-terms-and-conditions-.aspx
http://www.mweb.co.za/legalpolicies/
http://www.afrihost.com/site/page/terms_and_conditions.
If you have any further queries please mail regulatory@ispa.org.za.