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The different kinds of orders explained

Sunday, November 29th, 2009

You get sales orders, purchase orders, and other kinds of orders.  What is the difference between them?  What is the difference between an order and an invoice?  These are questions that people often ask, so we thought we would give you some answers. The bottom line is that when you accept ...

Horrible documents

Sunday, November 29th, 2009

Horrible documents cross my computer screen every day.  The same old templates get re-used and circulated. Why are they horrible? They are often too long - everyone complains about long documents. They are often badly structured - a really important commercial term (like "the fees") is hidden on page fifty ...

Get documents signed in seconds

Sunday, November 29th, 2009

Getting documents signed is often a time consuming and frustrating business.  It can take weeks to get a signature from each party on a document.  This is often how it plays out:  one party prints two copies of a document, signs both of them with a handwritten signature and posts ...

A modular approach to drafting

Sunday, November 29th, 2009

We often recommend and use a modular, object-orientated approach to drafting documents (like agreements and policies).  Akin to building a document out of lego blocks.  Not always, but often. It does not suit every agreement nor every offering.  We find that the following are some of the benefits to ...

Abusive registrations and trade marks

Tuesday, November 24th, 2009

In a recent decision by the South African Institute of Intellectual Property Law (SAIIPL), the domain name <absapremiership.co.za> (domain name) was transferred to ABSA Bank Limited (ABSA).  ABSA is the registered holder of the trade mark "ABSA" and has also applied for the registration of the trade mark "ABSA PREMIERSHIP" ...

What must your organisation comply with?

Thursday, November 19th, 2009

Organisations must comply with all applicable laws (including ICT laws).  So for example, you must comply with RICA.  COBIT however is not a law and therefore you do not have to comply with it. Organisations should consider adhering to rules, codes and standards (including ICT rules, codes and standards). There is an ...

Alternative Dispute Resolution clause

Thursday, November 19th, 2009

In a previous article we wrote about how the draft King Report recommended that an alternative dispute resolution (ADR) clause be incorporated in all contracts.  They recommended a clause, which we then converted into plain language.  We were delighted to hear that the King committee accepted our plain language version ...

Access to Information: the practical implications

Tuesday, November 17th, 2009

You must comply with the Promotion of Access to Information Act 2 of 2000 (PAIA), because it applies to all organisations. The word cloud on the right provides an overview of the PAI Act.  From the word cloud you can see that: the most important theme is access the main role players are ...

Characteristics of a compliant email management solution

Monday, November 16th, 2009

If you want to determine whether an email management solution "complies" with the ECT Act, then these are the questions that you should be asking: Is it capable of storing records in a trustworthy manner? Does the product protect the integrity, reliability, accessibility and accuracy of information throughout its lifespan? Does the product ...

The link between the governance principles in King III and the law

Monday, November 16th, 2009

Let us quickly explore link between governance principles (IT and others) and the law (ICT laws, email laws and others).  There is always a link between good governance and compliance with the law. However, the governance principles contained in King III are not law.  King III is not ...