Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)RegulationsAlternative Dispute Resolution RegulationsChapter III : Alternative Dispute Resolution Procedure15. 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. |