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Service providers · deliverables

Deliverable handover: prove what was sent, and when.

You send a 40-page PDF to a client on Friday at 5:42 pm. Two months later, they say they received a different version, or later, or without the annex. With Sealway in BCC of the handover email, the message, its attachment and the moment of its transmission are received as it is sent and timestamped. Sealway does not prove that the client received or opened the deliverable, nor that the deliverable is compliant.

Built for

  • Freelancers and independents
  • Agencies and studios
  • Consultancies and engineering firms
  • Developers and IT service companies
  • Architects and designers
  • Video makers, photographers, writers

The problem: proving what was sent, and when.

An agency has to hand over a file before Friday, 6 pm. At 5:42 pm it sends its client “here is the final version of the file”, with final-deliverable.pdf attached. Six weeks later, the client disputes it.

They say the document arrived late, or that the file received was not that version, or that an annex was missing. Each of these claims is about a precise fact: which message, with which attachment, was transmitted, and when. The email found in the agency’s “Sent” folder answers it poorly: it comes from the party relying on it, and nothing prevents its content or its date from being disputed.

Sealway email evidence brings something else: a copy of the message received by Sealway as it is sent, with the attachment and the recipients shown, bound to a qualified electronic timestamp. The question “what left, and when?” gets an answer that no longer depends on the agency’s word.

Handover is, first of all, what the contract says.

The contract, the quote or the terms of business set how a deliverable is handed over and accepted: by email, on a platform, by an acceptance report, with or without acknowledgement of receipt, within which validation period. Sealway documents the handover email; it does not change those rules. Before sending:

  • re-read the agreed mode of handover and acceptance, and follow it;
  • if the stakes depend on actual receipt by the client, provide for an explicit acknowledgement or a sending method that proves receipt;
  • attach the deliverable itself rather than a sharing link: Sealway only receives what is in the message;
  • add Sealway in BCC, then keep the evidence file with the contract.

The contract decides, the email hands over, Sealway dates.

The contract says what must be delivered, when and how. The handover email is the concrete act: it announces the deliverable, carries it and fixes, through its content, what the provider considers delivered. Its weakness, in a disagreement, is that it is produced by the party relying on it.

Sealway adds a copy received by a third party as the email is sent, timestamped, with the attachment given its own fingerprint. The content of the message and of the file, and the date of their transmission to Sealway, then enjoy a presumption of integrity and accuracy (eIDAS Regulation, art. 41(2)): disputing them means bringing evidence to the contrary.

Contract: what must be delivered, when, how Handover email: the deliverable, its version, its scope Sealway: date and integrity of the message and the attachment

Three layers, three roles: the contract decides, the email hands over, Sealway dates.

What the law asks to be proven, and by whom.

Handing over a deliverable is the performance of a contractual obligation. Under French law, it is for the party claiming to have performed to prove it, by any means where a fact is concerned, and an email is admissible for that. Its strength depends on what comes with it. Other jurisdictions have their own rules, but most admit emails and weigh them.

French Code civil, art. 1353

The burden of proof lies with the provider

In our translation: “Whoever claims performance of an obligation must prove it. Conversely, whoever claims to be released must prove the payment or the fact that extinguished the obligation.” A provider who claims to have delivered on time must be able to show it.

French Code civil, art. 1103 and 1356

The contract sets the handover, and may set the proof

Lawfully formed contracts are binding on those who made them (art. 1103): the agreed mode of handover and acceptance prevails. The parties may also agree on how performance will be proven, agreements on evidence being valid where they concern rights the parties freely dispose of (art. 1356).

French Code civil, art. 1358 and 1366

Proof by any means, and electronic writing

Unless the law provides otherwise, proof may be brought by any means (art. 1358). Electronic writing has the same evidential weight as paper, provided the person it originates from can be duly identified and it is created and kept in conditions that guarantee its integrity (art. 1366).

Cass. soc., 25 September 2013, no. 11-25.884

An email produced to prove a fact is freely weighed

An email produced to prove a fact, such as the sending of a deliverable, is admissible by any means and assessed by the trial judges in their discretion. What carries weight is what makes it possible to establish its content, its date and its transmission.

CA Paris, 15 June 2018, RG no. 16/21980

A copy proves neither sending nor receipt

The court sets aside a photocopy of an email “devoid of evidential weight as to the actual sending”: the party producing it proves neither the sending nor the receipt. An email displayed from one’s own “Sent” folder meets the same objection.

eIDAS Regulation, art. 41

Date and integrity, presumed

A qualified electronic timestamp enjoys a presumption of the accuracy of the date and time it indicates and of the integrity of the data to which they are bound. That is what dates the copy received by Sealway and fixes the message and its attachment, across the European Union.

Sending the deliverable, with Sealway in BCC.

The same email as usual, one more address in the BCC field. What the message contains becomes what the proof fixes: take care with it.

What the handover email should contain

  • the reference of the contract, quote or order;
  • the name of the deliverable and its version number;
  • the list of attached files, by name, and what each contains;
  • what may remain expected: annex to follow, validation, access;
  • the agreed date and time, if the deadline is at stake;
  • a request for acknowledgement of receipt or validation, within the period set by the contract;
  • the deliverable itself as an attachment, rather than a sharing link;
  • the Sealway address of the client’s collection in BCC.
  1. 1

    Finalise and name the deliverable

    A file name that carries the version: final-deliverable-v7.pdf. The certificate will list that name with the file’s fingerprint; a different version will have a different fingerprint.

  2. 2

    Write the handover email

    What is delivered, in which version, what remains expected, the request for validation. The text of the message is part of the proof.

  3. 3

    Attach the file

    The deliverable as an attachment. If the file is too large for email, create a proof of the file from the app in parallel and state its fingerprint in the email: a sharing link alone does not bring the file into the proof.

  4. 4

    Client in To, Sealway in BCC, send

    As usual, from your mail client: the client in the To field, the address of the “Client X” collection in the BCC field. The email leaves as usual; the client does not see Sealway.

  5. 5

    The proof is created

    The message received and the attachment get their fingerprint, bound to a qualified electronic timestamp. The certificate states the sender, the To and Cc recipients, the subject, the declared date and the name of each attachment.

  6. 6

    Obtain the validation, keep the file

    Ask for the acknowledgement or validation provided by the contract; forward the client’s reply to the collection’s address to date it. Keep the evidence file with the contract and the invoice.

Deliverable finalised Email to the client Sealway in BCC Message and attachment received by Sealway Timestamped proof

What the proof establishes exactly, and what it leaves to the acknowledgement, is detailed in the email evidence guide.

An email handover, minute by minute.

What a handover by email leaves as traces, with and without Sealway.

  1. 4:30 pm

    Final export

    final-deliverable-v7.pdf exported, proofread, named.

  2. 5:42 pm

    Handover email

    Message to the client, file attached, address of the “Client X” collection in BCC.

  3. 5:43 pm

    Proof created

    Message and attachment received by Sealway, fingerprints computed, qualified timestamp.

  4. Monday 9:10 am

    Acknowledgement

    The client confirms receipt.

  5. Six weeks

    Dispute

    “That is not the version.” The collection holds the message, the attachment, their fingerprints and their dates.

Without Sealway, what is left is the email in the “Sent” folder and, with some luck, the client’s acknowledgement. With Sealway, a copy of the message and the file received by a third party at 5:42 pm and timestamped is added, whose content and date enjoy a presumption of integrity and accuracy.

Three disputes, three documented answers.

What the proof lets you produce against the three most frequent claims.

“The document arrived late”

The qualified timestamp establishes that the message and its attachment, as received by Sealway, existed no later than the time it states; when the proof is finalised on receipt, that time follows the sending by a few minutes. The time of arrival at the client’s is a matter for their acknowledgement.

“That is not the version”

The attachment received by Sealway has its SHA-512 fingerprint on the certificate. The file the client produces, or the one you keep, is compared with that fingerprint: the comparison of the fingerprints shows whether the file is identical or not.

“The annex was missing”

The certificate lists each attachment received with the message, by name and fingerprint. If the annex is there, it was transmitted with the message; if it is not, the proof shows that too.

“We never received anything”

That is the limit: Sealway sees neither the delivery to the client’s server nor the arrival in an inbox. The proof establishes the transmission to Sealway; receipt is proven by the acknowledgement, the client’s platform or an electronic registered delivery.

Large deliverables, sharing links, client platforms.

A link does not carry the file

If the deliverable is shared through a link (file transfer, online workspace), Sealway receives the link, not the file. The proof will fix the message and the link; not the content behind the link, which can change.

Evidence of the file, from the app

For a deliverable too large for email, create a proof of the file from the app, then state in the handover email the file name and its fingerprint. Two proofs, tied by the fingerprint, document the file and its announcement.

The client’s platform

An upload to the client’s platform leaves traces on their side, which you do not control. The handover email with Sealway in BCC, announcing the upload and attaching the file or its fingerprint, gives you one on yours.

Successive versions

Each version sent is a separate proof, in the client’s collection: v5, v6, v7. The chronology of the versions transmitted reads in the collection.

What to provide for in the contract.

Sealway documents the handover; the contract decides what counts as handover. A few clauses avoid the argument.

The mode of handover

By email to a given address, on a given platform, in a given format. A handover made otherwise than agreed can be disputed, even if proven.

Acknowledgement and validation

Who confirms receipt, within what period, and what happens with silence: tacit validation, reservations, new version.

The date that counts

Date of sending or date of receipt? If the contract relies on sending, the email evidence fixes it; if it relies on receipt, provide for the means to prove it.

The agreement on evidence

The parties may agree on how performance will be proven (French Code civil, art. 1356). A clause recognising the handover email with a timestamped copy as the mode of proof of sending removes the ambiguity in advance.

After sending: validation, reservations, invoicing.

The request for validation

Recall in the email the validation period provided and what happens with silence. The proof fixes that request and its date.

The client’s reservations

Forward the reservations received to the collection’s address: their content is fixed and the forward dated. The date of sending by the client remains a statement in their message.

The acceptance report

Where the contract provides for one, it remains the document of acceptance. Sent by email with Sealway in BCC, its transmission is dated; its signature by the client belongs to another mechanism.

The invoice

The invoicing email, with the invoice attached and Sealway in BCC, is documented the same way.

Example: a website delivered on a Friday.

  1. 3 October

    Handover

    The studio sends at 5:42 pm “Site v7, final version for go-live”, with the site archive, the deployment guide and the list of fixes, Sealway in BCC. Three attachments, three fingerprints.

  2. 6 October

    Acknowledgement

    The client confirms receipt on Monday morning and announces feedback within five days. The studio forwards their reply to the collection’s address.

  3. 14 November

    Dispute

    The client rejects the invoice: the version delivered was not the right one and the guide was missing. The studio produces the proof of 3 October: message, three attachments, fingerprints, timestamp, and the confirmation of 6 October.

The proof establishes what the studio transmitted on 3 October at 5:42 pm, file by file, and the client’s confirmation as the studio forwarded it. It does not say whether version 7 complied with the specification, nor whether any delay gives rise to a penalty: those questions remain the contract’s and, failing agreement, the court’s, which weighs the material freely.

“Sent” folder, email with Sealway, platform, registered delivery: what each proves.

Four ways of handing over the same deliverable, and what is left six weeks later.

Comparison of the ways of handing over a deliverable
Approach What it brings Its limits
Plain email, found in “Sent” The message and the attachment, as your mail client keeps them. Produced by the party relying on it: content and date open to dispute, like the photocopy set aside by the Paris court of appeal.
Email with Sealway in BCC The same email, plus a copy received by a third party as it is sent and timestamped: message, attachment, recipients shown and transmission fixed. €1.99 per proof up to 9 attachments; beyond that, one credit per batch of 10 items, message included. Proves neither receipt nor opening by the client; amounts neither to acceptance nor to compliance.
Upload to the client’s platform Traces of the upload, timestamped by the platform, often with a notification to the client. Traces on the client’s side, under their rules and their retention; to be paired with a documented handover email on yours.
Qualified electronic registered delivery Presumption of sending by the identified sender, of receipt by the identified addressee and of accuracy of the dates (eIDAS Regulation, art. 43 and 44). A distinct, more formal service, suited when receipt is at stake; can be combined with the email with Sealway to fix the attachment.

For most handovers, the email with Sealway in BCC fixes what is most often missing: the exact attachment and the time of transmission. When receipt is at stake, it is added to a sending method that proves it.

What Sealway proves, and does not prove, for a deliverable handover.

Sealway makes it possible to establish

  • the content of the handover message as received by Sealway;
  • the exact attachment transmitted with it, with its fingerprint;
  • the recipient stated in the message;
  • a bound on the moment of sending: the message, as received by Sealway, existed no later than the time of the qualified timestamp;
  • the chronology of the versions sent, when each sending has its proof.

Sealway does not, on its own, establish

  • that the client received the message or the attachment;
  • that they opened, read or validated them;
  • that the deliverable complies with the contract;
  • that the handover amounts to acceptance, or that the contractual deadline is met when it is assessed at receipt;
  • the amount of a late penalty or of a disputed invoice;
  • what lies behind a sharing link.

The contract and, failing agreement, the court decide what counts as handover and what is owed. Email evidence gives them the message, the attachment and the date of transmission, without depending on the party producing them.

What a qualified timestamp changes for a deliverable sent by email.

The handover email received in BCC is placed in a Sealway proof as it is sent. Six weeks later, it is possible to verify that the message and the attachment produced are the ones bound to the timestamp created that day.

  • SHA-512 fingerprint of each file: the proof bears on this exact version; modifying the file changes the fingerprint, and the fingerprint cannot be turned back into the file.
  • Qualified electronic timestamp: presumption of accuracy of the date and time and of integrity of the data (eIDAS Regulation, art. 41(2)). The date comes neither from the device nor from Sealway.
  • Evidence file verifiable without Sealway: certificate, manifest, timestamp token and fingerprints, with the references of the anchoring on public blockchains.
The mechanism in detail: prove the content and sending of an email

Frequently asked questions

What providers ask before sending, and after the dispute.

How much does email evidence with several attachments cost?
One credit (€1.99) per batch of 10 items, the message itself counting as one item: up to 9 attachments, one credit; 10 to 19 attachments, two credits; and so on, up to 49 attachments per email. A heavy deliverable sent as several files can therefore cost two credits.
How do I prove that a deliverable was sent by email?
By having a copy of the handover email received, as it is sent, by a third party that dates it: Sealway in BCC. The proof establishes the message, the attachment, the recipient shown, and that the message was transmitted to Sealway no later than the time of the qualified electronic timestamp.
How do I prove which version of the file was sent?
Through the SHA-512 fingerprint of the attachment, shown on the certificate with its name. Any different version of the file has a different fingerprint: the comparison of the fingerprints shows whether the file is identical or not. Name your files with their version so the certificate reads effortlessly.
How do I prove that the deliverable was sent on time?
The qualified timestamp gives a bound: the message existed, as received by Sealway, no later than the time stated, a few minutes after the sending if the proof is finalised at once (credits available). If the contract relies on the date of sending and that bound precedes the deadline, that is what you need; if it relies on receipt, the proof is not enough.
Does Sealway prove that the client received the deliverable?
No. Sealway receives its own copy and sees neither the delivery to the client’s server, nor the arrival in an inbox, nor the opening. The exact wording is: Sealway makes it possible to document the message actually transmitted to Sealway when it is sent, with its content, the recipients shown and its attachments.
Does the proof amount to acceptance of the deliverable?
No. Acceptance belongs to the mechanism provided by the contract: express validation, acceptance report, silence amounting to acceptance after a period. The proof fixes the announced handover and its date; it presumes nothing about the client’s answer.
Can I prove an email I have already sent, afterwards?
No. A .eml file exported from the mailbox and imported later would only prove its existence on the date of the import, establishing nothing about the sending; the web app refuses it. Forwarding the sent email to the Sealway address creates evidence of the forward, not of the original sending. The proof is created as the email is sent, with Sealway in BCC.
What is this evidence worth in court?
Under French law, an email produced to prove a fact is admissible and freely weighed by the court (Cass. soc., 25 September 2013, no. 11-25.884); a mere copy produced by the sender proves neither sending nor receipt (CA Paris, 15 June 2018). A qualified timestamp enjoys a presumption of accuracy of the date and of integrity of the data across the European Union (eIDAS Regulation, art. 41). Other jurisdictions weigh emails in a similar way; what the proof establishes about compliance or delay remains for the court.
Should I tell the client that Sealway is in BCC?
No rule specific to the BCC requires it: it does not change the message they receive and Sealway does not contact them. Check your confidentiality and information duties nonetheless (contract, NDA, GDPR notices) and, simplest of all, mention the timestamped copy in the contract: the clause removes any question and can serve as an agreement on the proof of sending.
Does Sealway replace an acceptance report or registered mail?
No. The acceptance report is the document of acceptance; registered mail, paper or electronic, proves receipt of a notice. Sealway fixes what was transmitted and when; it is added to those mechanisms when the contract or the stakes provide for them.

References

Texts and decisions cited on this page; the French sources are in French.

  • French Code civil, art. 1103 (binding force of contracts) Légifrance →
  • French Code civil, art. 1353 (burden of proof) Légifrance →
  • French Code civil, art. 1353 to 1357 (proof of obligations, general provisions, including art. 1356 on agreements on evidence) Légifrance →
  • French Code civil, art. 1358 to 1362 (admissibility of the modes of proof) Légifrance →
  • French Code civil, art. 1366 (evidential weight of electronic writing) Légifrance →
  • Cour de cassation, social chamber, 25 September 2013, no. 11-25.884 Légifrance →
  • Cour d’appel de Paris, pôle 4 chambre 1, 15 June 2018, RG no. 16/21980 Légifrance →
  • Regulation (EU) No 910/2014 of 23 July 2014 (eIDAS), art. 41, 43 and 44 EUR-Lex →

Sealway does not provide legal advice. What counts as handover, acceptance or delay depends on the contract and, in a disagreement, on the court’s assessment. The French provisions and decisions cited illustrate French law; the eIDAS Regulation applies across the European Union.

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