A notification or other notification under this agreement is deemed to have been received as follows: … if it is sent by e-mail, if the recipient, by email to the sender`s email address in this section X or by a message of another method in accordance with this section X, confirms that the recipient has received this email, with an automatic “reading reception”, does not confirm the confirmation of an email for the purposes of this section X; It is precisely with the use of a provision as a provision for receipt that it is indeed possible to strengthen security with regard to the use of e-mails. As Chad pointed out in a commentary on the teleterminology post, each email address indicated in a message should be a general address. And contractors should create systems to ensure that all emails sent to this address are read quickly and forwarded to the people involved. If the sender of a section 11 (a) notification receives a machine-generated message attesting to the failure of delivery, or if the sender does not receive confirmation in accordance with Section 11 a), this notification is nevertheless deemed to have been received if it was initially e-mailed, if the sender sends a tangible copy of that message no later than 10 business days with final follow-up to the other and all prepaid taxes. Don`t get me wrong. I like e-mail. I co-founded the first commercial e-mail service on the Internet. Many of the contracts I recently signed allow for email notifications, and I have signed more “consent to electronic communications” letters than I can count. But the falls are still important. My favorite protocol is that if an email doesn`t pop, the Samtik is valid. When the email jumps, you must fail on some form of snail mail – certified, registered or courier.
If the snail`s mail jumps or the recipient does not respond within the notice period, the sender has fulfilled his duty and can continue as he sees fit. While it may not be possible to address all of these risks, problems with the potential for non-reception can be mitigated during the treaty design phase. The starting point, when e-mail is considered a form of notice, should be the appropriate provision to indicate that e-mail is an authorized delivery method. More importantly, this provision should address the consequences of e-mail notifications that are not received. Some options include: Some contracts define when a message sent by email is considered received. In summary, any provision of the communication contains a clear mechanism to ensure that each notification is brought to the attention of the person concerned, describes how communications are made and when communications are deemed to be received.