We are here when you need us
We are here when you need us
It is a registered e-mail you can use to terminate a contract, or for a notice to perform, a reminder for a condominium communication and for any other document other than those pertaining to judicial proceedings and to infringement of the Highway Code. It is not a service of process, so do not use it to service judicial documents or fines.
So, can I use even to send birthday wishes? Yes, if you want to be sure that the recipient has received it. All provided with full legal value, or to be more precise, with even greater legal value. tNotice is the only digital device (known so far) provided with signature that is equivalent under the law to registered mail, but in addition to the latter it offers the probative value of the content transmitted.
We refer to the articles in the press concerning the problems related to the receipt of PECs (Posta Elettronica Certificata – Certified E-Mail). The main limit is that you cannot send a PEC to a generic e-mail address (whilst you can with tNotice) and few people know that approximately 88% of the recipients have no PEC.
What evidence? Go to the nearest post office and count the people standing in the queue (statistically 39 people every second). If you could do everything via PEC why would people need to queue at the post office? Mind you, most of these are companies and Public Administration officials who already have a PEC, but whose recipients do not.
Simple, for a lawyer, but a bit less for everybody else. A milestone in this direction is the judgment of the Italian Supreme Court of Cassation n. 10021/2005 that ruled as follows: “the sender must be able to prove in court that what he is putting in the envelope when he hands it over at the post office counter – the message – is exactly what is delivered to the recipient.”
That is – and we thank the Supreme Court of Cassation for affirming a principle of law on the burden of proof – a traditional registered mail costing € 4.20 with acknowledgement of receipt – but by 2016 due to the increases already enacted costing up to € 5.90 for a sheet of paper – proves only the delivery of an “empty” envelope unless you go to the post office with a notary public that: 1) makes a certified copy of the message, 2) certifies that the original was put in an envelope and sent by registered mail number XYZ. How much does this cost?
PLEASE NOTE: The Judge is always an independent and impartial subject, so if the recipient (and his lawyer) do not raise the objection concerning the burden of proof that is to be borne by the sender at the first appearance hearing, the Judge will not be entitled to declare the existence of a “vice” other than the ones liable to be raised of the Court’s own motion, so plead the exercise of your right, it does not entail any costs.
tNotice’s limit, pursuant to law, also has a positive aspect. tNotice will never deliver you tax notices (i.e. payment demands issued from the tax office), judicial documents or fines under the highway code. This is established by the law. Therefore, tNotice is used to exchange contracts, terminations, for overdue payments, for evictions, to inform you of any winnings and for any other communications.
Another limit of tNotice is of a purely cultural nature: you are used to traditional registered mail and it is common knowledge that everybody is fond of tradition. But is this worth endless queues at the post office?
Even if you know that you can have the same, if not a greater legal value from the comfort of your home or from the office?
How much is your time worth?
No existing simple communication tool provided with signature known to date (other than notification) has tNotice’s probative value. The only positive legal rule is article 1335 of the Italian Civil Code.
The Supreme Court of Cassation (n. 10021/2005), has already ruled that traditional registered mail “proves” the delivery of an envelope, but not of its content (at a price of € 4.20 that may rise to € 5.90 by 2016). The PEC partially solves this problem because it certifies the content, at least when inserted in the body of the message, but not always if attached to the communication (depending on the level and “cost” of the certification requested).
tNotice solves this problem once and for all with an individual print of the document (for the sake of simplification we could call it the DNA of the message) that compares the outbound DNA with the incoming one and then, if they correspond, generates a Forensic Postal Certificate attesting the exact correspondence of the content sent.
Can traditional registered mail do this? Can a PEC do it?
tNotice does it!
Article 16, paragraph 6 of Law n. 2 of 28 January 2009
“Undertakings set up as companies are required to provide their certified e-mail (PEC) address when they apply for registration with the Register of Companies or analogous e-mail address based on technologies that certify the date and time the message is sent and received as well as the integrity of the contents thereof, ensuring interoperability with analogous international systems.”
Article 27, letter e), Law n. 3 of 16 January 2003, “Expansion of the use of e-mail within public administrations and relationships between public administrations and individuals.”
Article 45 of Legislative Decree 7 March 2005 Legal value of the transmission (not only PEC). The documents sent by anyone to a public administration by any electronic or computer means, apt to determine the source, satisfy the requirement of written form and their transmission need not be followed by the transmission of the original document (paper copy).
Because it is (to date) the only existing communication tool provided with signature equivalent under the law to the traditional registered mail, but with further elements that provide it with an additional probative value in court.
At this point we cannot refrain from referring to the folowing provisions of law:
We have made it a lot simpler than you think. Try it and you will have no more doubts.