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Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)

Alternative Dispute Resolution Regulations

Chapter III : Alternative Dispute Resolution Procedure

15. Communications

 

 

1) When a dispute is lodged with a provider, the provider must forward a copy of the dispute to the registrant who is deemed to have been notified of the dispute when the provider–
a) has sent a hard copy of the dispute to the registrant’s postal, physical or facsimile address as displayed on the relevant second level domain administrator’s WHOIS database; and
b) has sent the dispute in electronic format including annexes to the extent available in that form by e-mail to the e-mail addresses of the registrant and his or her technical, administrative, and billing contacts.

 

2) The parties can at any time select a preferred means to receive communications from the provider or other parties by notifying the provider in writing.

 

3) When sending a communication, the parties and the provider must retain–
a) a confirmation of transmission, when a communication is sent by facsimile;
b) a receipt, when a communication is sent by registered post or courier; or
c) a record of a transmission of a communication that is sent electronically.

 

4) Any communication to the provider or the adjudicator must comply with the provider’s supplementary procedure.

 

5) Communications must be made in the language prescribed in regulation 25 and e-mail communications must be sent in plain text.

 

6) A party must update its contact details by notifying the provider and the second level domain administrator in writing within three days of any change.

 

7) Unless otherwise communicated to the parties by an adjudicator, a communication sent in terms of the procedure is deemed to have been sent–
a) if sent by facsimile on the date shown on the confirmation of transmission;
b) if sent by registered post or courier service on the date marked on the receipt; or
c) on the date that the communication was transmitted: Provided that the date of transmission is verifiable, if it is transmitted electronically.

 

8) Unless otherwise stated, all time periods start to run and shall be calculated from the date of commencement of the dispute as contemplated in regulation 17(2).

 

9) When sending a communication–
a) an adjudicator must send a copy of the communication to the provider;
b) the provider must send a copy of the communication to all the parties to the dispute; and
c) a party must send a copy of the communication to the provider.

 

10) It is the responsibility of the sender of any communication to retain a record of the transmission.