Time and place of sending and receiving electronic communications

(1) An electronic communication is sent when it enters an information system outside the sender’s control or, if the sender and the addressee use the same information system, when it becomes capable of being retrieved and processed by the addressee. (2) An electronic communication is presumed to be received by the addressee– (a) if the addressee has designated or uses an information system for the purposes of receiving communications of the type sent, when it enters that information system and becomes capable of being retrieved and processed by the addressee; or (b) if the addressee has not designated or does not use an information system for the purpose of receiving communications of the type sent, or if the addressee has designated or used such a system but the communication has been sent to another system, when the addressee becomes aware of the communication in the addressee’s system and it becomes capable of being retrieved and processed by the addressee. Electronic Transactions 15 (3) Sub-section (1) and (2) of this section apply unless the parties agree otherwise. (4) An electronic communication is deemed to be sent from the sender’s place of business and received at the addressee’s place of business. (5) If the sender or the addressee has more than one place of business, the place of business for the purposes of sub-section (4) of this section, is the one with the closest relationship to the underlying transaction to which the electronic communication relates or, if there is no underlying transaction, the person’s principal place of business. (6) If the sender or addressee does not have a place of business, the person’s place of habitual residence is deemed to be the place of business for the purposes of sub-section (4) of this section.