Your website is part of your business. It communicates what you offer, collects information, may sell products or services, and often connects to third-party platforms such as payment providers, email systems, analytics tools and booking platforms.
That means the legal documents supporting your website should reflect what your business actually does.
Two of the documents commonly associated with a business website are Website Terms and Conditions and a Privacy Policy. They serve different purposes, and neither should simply be copied from another website and published without checking whether it fits your business.
This guide explains what each document is intended to cover, what to check before publishing it, and which other legal documents may need to work alongside them.
1. Website Terms and Conditions: What are they for?
Website Terms and Conditions set out the rules governing the use of your website and, depending on your business model, may also regulate transactions or other interactions conducted through the site.
They can address matters such as:
- who owns the website content and intellectual property;
- how visitors may use the website;
- restrictions on misuse of the website;
- disclaimers relating to information published on the site;
- limitations of liability, where legally appropriate;
- links to third-party websites;
- applicable law and jurisdiction;
- how the terms may be amended; and
- additional terms that apply where products or services are purchased online.
The document should therefore reflect your actual website and business model.
A simple brochure-style website will not necessarily need the same provisions as an online store, subscription service, professional practice or platform.
2. What if you sell through your website?
If customers can buy products or services online, your Website Terms and Conditions may need to deal with additional issues.
Depending on the transaction, these may include:
- pricing;
- payment;
- order acceptance;
- delivery;
- cancellations;
- returns and refunds;
- consumer rights;
- electronic transactions; and
- dispute resolution.
The applicable legal requirements depend on the nature of the transaction and the business.
For example, the Consumer Protection Act and the Electronic Communications and Transactions Act may be relevant to online transactions.
This is one reason why a generic set of website terms should not simply be copied and published without considering how your particular website operates.
Contracts4Biz also provides resources dealing specifically with Terms and Conditions, including guidance on the documents that may be relevant to an online business.
3. A Privacy Policy serves a different purpose
A Privacy Policy is concerned with personal information and how your business handles it.
If your website collects information from visitors or customers, you should understand what information is being collected, why it is collected, where it goes and who may have access to it.
For example, your website may collect:
- names;
- email addresses;
- telephone numbers;
- physical or delivery addresses;
- information submitted through enquiry forms;
- payment or transaction information;
- information submitted when someone registers for an account;
- information collected through cookies or analytics; and
- information collected through marketing or communication tools.
Your Privacy Policy should therefore reflect your actual information-processing practices.
It should not describe processes that your business does not use simply because they appear in another company’s policy.
4. What should you check in your Privacy Policy?
A practical review should consider questions such as:
What information do we collect?
Identify the categories of personal information that your business actually receives.
Why do we collect it?
Consider the purposes for which the information is collected and used.
For example, information submitted through a contact form may be used to respond to an enquiry, while information collected during an online purchase may be needed to process and deliver the order.
Who receives the information?
Consider whether information is shared with or processed by third parties, such as:
- payment providers;
- hosting providers;
- accounting systems;
- email marketing platforms;
- cloud-based software;
- delivery providers; or
- analytics and website tools.
How can people contact you about their information?
Your Privacy Policy should provide an appropriate contact route and explain the relevant rights and processes that apply.
Does the policy match what your website actually does?
This is one of the most important checks.
If your website uses analytics, cookies, mailing lists, online payments or other services, make sure your policy reflects those practices.
5. Your Privacy Policy does not exist in isolation
A Privacy Policy is one part of a wider information-governance framework.
For example, businesses should also consider whether they have appropriate processes for dealing with requests for access to information and personal information.
This is where PAIA becomes relevant.
The Promotion of Access to Information Act provides a framework for requesting access to records held by public and private bodies. A PAIA Manual is therefore a different document from a Privacy Policy.
The two should not be confused.
Contracts4Biz has a dedicated guide explaining PAIA Manuals in South Africa, including what a PAIA Manual is intended to do and how it fits into the broader information-governance framework. Read: PAIA Manual South Africa — What It Is, Who Needs One, and How to Get It Right
6. Privacy Policy, PAIA Manual and Website T&Cs are not the same document
It is useful to think about the documents according to their different functions:
| Document | Main purpose |
|---|---|
| Website Terms and Conditions | Sets rules for using the website and, where applicable, online transactions |
| Privacy Policy | Explains how personal information is collected, used, stored and shared |
| PAIA Manual | Explains how requests for access to records can be made and dealt with |
| Terms and Conditions of Sale | Deals specifically with the sale of products or services |
| Other business agreements | Govern specific relationships with customers, suppliers, employees, contractors and other parties |
The exact documents your business needs will depend on what it does.
7. Don’t forget the rest of your contract framework
Your website documents should also make sense alongside the agreements used elsewhere in your business.
For example, a business may have:
- client or service agreements;
- supplier agreements;
- independent contractor agreements;
- employment agreements;
- non-disclosure agreements;
- referral agreements;
- shareholders agreements; and
- terms and conditions of sale.
Contracts4Biz’s Resources section includes free contract resources, practical guides and articles covering several of these areas. Explore the Contracts4Biz Resources
The purpose is not to have as many documents as possible. It is to make sure the documents you use work together and reflect the way your business operates.
8. Before publishing your Website T&Cs and Privacy Policy
Before putting the documents on your website, work through this checklist.
Website T&Cs
Ask:
- Does the document describe my actual website?
- Does it deal with the way visitors are permitted to use the site?
- Is my intellectual property addressed?
- Are appropriate disclaimers included?
- If I sell online, are the relevant transaction terms addressed?
- Have I considered applicable consumer and electronic-commerce requirements?
- Does the document identify the correct business entity?
- Are the contact details and governing-law provisions correct?
Privacy Policy
Ask:
- What personal information does my business actually collect?
- Why is it collected?
- How is it used?
- Who processes or receives it?
- What systems and third-party providers are involved?
- How long is information retained?
- What rights and processes need to be explained?
- Are the contact details for privacy-related enquiries correct?
- Does the policy accurately describe what happens on my website?
Related documents
Also ask:
- Do we have a PAIA Manual where required?
- Do our website documents align with our actual business contracts?
- If we sell online, are our sale terms appropriate?
- Are our customer, supplier and contractor agreements consistent with our website promises?
9. Don’t treat a template as a substitute for checking your business
A professionally drafted document gives you a starting point, but the most important step is customisation.
Changing the company name and logo is not enough.
You should check every provision against your actual business practices. If your website changes, your legal documents may also need to be reviewed.
For example, introducing an online store, adding a newsletter, changing your payment provider, introducing a customer account system or adding new analytics tools may change what your website documents need to address.
10. A practical approach
You do not need to approach website compliance as one enormous legal exercise.
Start with the documents that correspond to what your business actually does.
Website T&Cs help establish the rules for using your website and, where relevant, dealing with your business online.
A Privacy Policy addresses how your business handles personal information.
A PAIA Manual deals with access to records and forms part of your broader information-governance framework.
Terms of Sale and other commercial agreements deal with particular transactions and relationships.
The important question is not simply whether you have documents with these titles.
It is whether the documents accurately reflect your business, fit together, and are kept aligned with the way your business operates.
Need to review your website documents?
Contracts4Biz provides South African business agreements and practical legal resources designed to help businesses address common contractual and compliance requirements.
You can browse the Contracts4Biz Resources section for free guides, contract resources and business insights. Browse the Contracts4Biz Resources
You can also view the Website Terms and Conditions and Privacy Policy agreement available through the Contracts4Biz shop. View the Website Terms and Conditions and Privacy Policy
If you are reviewing your wider contract framework, Contracts4Biz also provides a free business risk assessment to help identify areas that may need attention. Take the free business risk assessment
