Free Website Terms of Use Template
Attorney-drafted starter T&Cs for SA websites. ECTA s 43 mandatory disclosures, CPA plain-language, electronic-signature acceptance. Edit it, deploy it.
Written by
Martin Kotze
Attorney, Conveyancer & Notary Public
A website terms of use template for SA businesses must satisfy four overlapping legal regimes: ECTA section 43 (mandatory disclosure of business identity, contact, pricing, security and complaint procedures); ECTA s 13 and 22 (electronic signatures and enforceable formation); the Consumer Protection Act where users qualify as consumers (plain-language, unfair-terms, cooling-off); and (separately) POPIA via a parallel Privacy Policy. This template gives you the starter T&Cs; pair with our companion Privacy Policy template for a complete website legal stack. For bespoke drafting, our Website Legal Package bundles both plus cookie guidance from R12,500.
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What’s in the template
What it’s not
- Industry-specific terms (financial services, healthcare, regulated lottery / gambling) — these need bespoke drafting.
- A separate Privacy Policy (you need one of those too — see our companion template).
- Cookie policy and consent banner technical implementation.
Frequently asked
Does every SA website need T&Cs?
Functionally yes. ECTA section 43 imposes mandatory disclosure obligations on any website transacting electronically, with criminal sanctions under s 43(5). Even informational sites that capture leads or schedule consultations typically fall within scope. Failure to publish T&Cs leaves your business legally weaker than your users.
How is the Privacy Policy different from T&Cs?
T&Cs govern the commercial relationship between you and your user. The Privacy Policy is a POPIA-mandated transparency notice about how personal information is processed. They reference each other but remain separate documents.
Is this template enough for an e-commerce site?
For a basic e-commerce site selling physical goods to consumers — yes, with minor adjustment. For more complex commerce (subscriptions, digital downloads, marketplace structures, B2B-focused checkout flows) bespoke drafting is needed. Our Website Legal Package (R12,500) bundles T&Cs, Privacy Policy and cookie guidance.
Can I use this for a SaaS website?
It covers the website-visitor T&Cs (who can access the site, IP, conduct, disclaimers). It does not cover the actual SaaS subscription terms — those are a separate Master Subscription Agreement and order form. See our SaaS Order Form template and Anatomy of a SaaS Agreement guide.
Why you can trust this: Martin Kotze has been an admitted Attorney of the High Court of South Africa, registered Conveyancer, and Notary Public since 2014, practising from Pretoria. The firm is regulated by the Legal Practice Council under firm registration F17333.
This guide is general information, not legal advice for your specific matter.