Special terms and conditions for Kivra+
Valid from 25 May 2018 and onwards.
In case of any inconsistencies between the Swedish and the English version of these "Special terms and conditions for Kivra+", the Swedish version shall take precedence.
These special terms and conditions for Kivra Plus (the "Plus Service/Kivra+") apply when Kivra Sverige AB, reg. no. 556917-3544, or another company within the same group as Kivra Sverige AB (“Kivra”) provides limited liability companies, partnerships, limited partnerships and cooperative associations (including co-operative housing associations) (“Users”) with a digital mailbox to e.g. receive, handle, transmit and store electronic messages and letters (the "Service") and together with the General Terms and Conditions for the Service constitute an agreement (the "Agreement") that applies between Kivra and the User when Kivra provides the Plus Service to a User.
All definitions that can be found in the General Terms and Conditions for the Service shall, unless otherwise stated in these special terms and conditions, have the same meaning in these special terms and conditions. In the event of any inconsistency between these special terms and conditions and the General Terms and Conditions for the Service, the provisions of these special terms and conditions shall always take precedence. The Plus Service is an Additional Service, as defined in the General Terms and Conditions for the Service, which is offered for a fee. The User voluntarily chooses whether the Plus Service is to be added to the Service or not.
To access the Plus Service, the User must accept the Agreement including these special terms and conditions. The Agreement applies between the User and Kivra when the User activates the Plus Service.
By entering into the Agreement, the User authorizes Kivra to handle the Plus Service in the way that Kivra deems appropriate and effective, without Kivra having to obtain prior approval from the User in each individual case.
2. The Plus Service
The Plus Service means that the User is assigned a unique physical postal address ("Kivra address") as follows: "Example AB, Kivra ID (= Example company's reg. no.), 106 31 Stockholm". After the assignment of the Kivra address, the User may notify the change of address to the Kivra address to its suppliers, partners and others who send physical letters to the User ("Plus Senders"). Regardless of how the User chooses to do so, it is the User's responsibility to notify any change of address and/or the new Kivra address to each Plus Sender individually and/or by changing the User's registered address with the Swedish Companies Registration Office. Physical mail sent by Plus Senders to the Kivra address will, under the conditions specified in section 5 below, be opened, scanned and then delivered digitally by Kivra to the User's Kivra mailbox in the form of E-letters. The original copy of the physical mail will be filed with a third party designated by Kivra.
Kivra has the right to hire subcontractors for the provision of the Plus Service, and thereby give the subcontractors access to the information that the User has provided to Kivra. All references to Kivra in these special terms and conditions may, depending on the context, include Kivra's subcontractor(s).
A more detailed description of the Plus Service and its scope and functions can be found under section 5 below and at https://kivra.se/en/business/receive/our-services/business-mailbox.
3. Activation of the Plus Service
According to the General Terms and Conditions for the Service, the application for the Service can only be made by the User's authorized signatory in accordance with the authority to act as company signatory registered with the Swedish Companies Registration Office.
Activation of the Plus Service requires access to a digital Kivra business mailbox ("Kivra mailbox"), Mobile BankID and a functioning Internet connection. If the User does not already have access to a Kivra mailbox, the company signatory for the User is required to sign up for the Service as a private user, after which the User can register a Kivra mailbox.
Activation of the Plus Service is made by an authorized representative of the User after logging in with Mobile BankID on Kivra's website, by:
- Filling in the required information for the User;
- approving these special terms and conditions for the Plus Service; and
- providing a payment option approved by Kivra.
4. New features in the Plus Service
Kivra may launch new features in the Plus Service. Kivra informs the User via the Service when new features are introduced. Users automatically gain access to new features that are provided at no cost to the User and that do not require the User's consent. If new features are offered for a fee or require the User's consent, the User chooses whether or not to add them to the existing Plus Service.
5. Scope of the Plus Service
Kivra undertakes that, within two (2) working days of the physical mail being delivered to the Kivra address, it will be delivered digitally to the User via an E-letter to the User's Kivra mailbox. An E-letter is considered to have reached the User when the E-letter has been made available to the User in the User's Kivra mailbox. In connection with the delivery, Kivra shall notify the User that a new E-letter has been delivered to the Kivra mailbox by sending an email to the email addresses registered in the User's Kivra mailbox or through other channels available to the User such as push notifications.
5.2 Original mail
Physical mail that has been digitally delivered to the User will be archived by Kivra for seven (7) years from the date the mail arrived at the Kivra address or as long as the User's business mailbox is active. The User has the option, as long as the mail is archived, to request that the physical mail in the original ("Original Mail") be sent to the User's specified delivery address for the fee stated in the Price List (see section 6 below). Kivra shall within two (2) working days from the time the request is received ensure that the Original Mail is sent to the User's specified delivery address. Delivery of Original Mails takes place through regular postal service.
5.3 Unscannable mail
Physical mail that is not, according to Kivra's assessment, possible to scan, including but not limited to packages, debit cards, registered letters and other items in odd formats or that must be picked up personally by the recipient ("Unscannable Mail") will not be scanned and archived in connection with delivery to the Kivra address. Kivra shall instead, for the fee specified in the Price List (see section 6 below), within two (2) working days from the time the Unscannable Mail was delivered to the Kivra address ensure that the Unscannable Mail is sent to the User's specified delivery address in Sweden. The delivery of Unscannable Mail takes place through regular postal service or with courier service if the item exceeds a weight of 20 kg.
5.4 Marketing material
Physical mail that Kivra unilaterally deems to constitute marketing and other material of a similar nature, including but not limited to brochures, flyers and newspapers ("Marketing"), will not be scanned or archived in connection with delivery to the Kivra address. Kivra reserves the right, without first obtaining approval from the User, to destroy such material which according to Kivra's unilateral assessment constitutes Marketing and the User hereby gives its approval for Kivra to destroy such Marketing. Kivra cannot be held responsible for any direct or indirect damage that the User suffers as a result of the destruction of material that Kivra has deemed to constitute Marketing.
5.5 Missing recipient
Physical mail delivered to Kivra where the recipient cannot be read after an ocular inspection of Kivra will be sent back to the sender. If such physical mail lacks a sender or the sender cannot be read, Kivra shall return the physical mail to the postal operator who delivered the physical mail to Kivra. Such a postal operator is responsible for handling the mail in accordance with the Postal Services Act's rules on undeliverable letters.
5.6 The content of physical mail
Kivra is not responsible for the content or errors and deficiencies in physical mail that are forwarded to the User through E-letters, Unscannable Mail or Original Mails and shall not in any way be held responsible for any damage that occurs to the User as a result of the physical mails' content or errors and deficiencies in the content that arose before the physical mail was delivered to the Kivra address.
6. Prices and payment
A current price list (the "Price List") for the Plus Service and the various functions provided via the Plus Service is available here.
The following fees for the Plus Service are charged to the User according to the Price List:
- Fixed monthly fee;
- delivery of Original Mail;
- delivery of Unscannable Mail; and
- change of address
The User pays for the Plus Service by monthly charges on the payment option registered in the Service. The fixed monthly fee is charged in advance. Other fees are charged in arrears.
7. Responsibilities of the User
The User must ensure that:
- there is always an active payment option registered for payment for the Plus Service;
- there is always an up-to-date physical delivery address registered in the Plus Service to which Kivra can deliver Unscannable Mail and Original Mails;
- communicate its Kivra address to Plus Senders; the User also has the option of changing the address of its delivery address at the Swedish Companies Registration Office to its Kivra address (for more information see “Swedish Companies Registration Office - change of address for limited liability companies”);
- if the User is aware that Plus Senders will send Unscannable Mail to the Kivra address, in each individual case before such mail is sent from the Plus Sender, notify such Plus Sender that the Unscannable Mail shall be delivered to an address other than the Kivra address (for example the User's specified delivery address);
- in the event of termination of the Plus Service, ensure that a change of address takes place at the Swedish Companies Registration Office and notify all Plus Senders of the change of address with effect no later than the day the Plus Service ceases to apply; and
- at any time have an email address that is active where Kivra can reach the User. It is the User's responsibility to take part of mail that arrives in its business mailbox.
8. Termination of the Plus Service
In addition to, and with the amendment of what is stated in the General Terms and Conditions for the Service on termination of the Service, the following applies to termination of the Plus Service.
A User has the right to terminate the Agreement at any time by notifying Kivra that the User wishes to terminate the Plus Service. The User's notice period for the Plus Service and the Service is 90 days when the User has activated the Plus Service. The notice period for the Service and the Plus Service is calculated from the day on which the notice is received by Kivra. If the User only wishes to terminate the Plus Service but retain the Service, after the notice period of 90 days, the notice period for the Service specified in the General Terms and Conditions for the Service apply.
If the User, despite two reminders, does not pay for the Plus Service, the Agreement automatically terminates 90 days from the date on which the payment was due for payment and the Plus Service is terminated. When the Agreement is terminated due to non-payment, Kivra has the right to, in addition to fees and costs already incurred, send the User an invoice for all fees and costs for the Plus Service that arise during the notice period.
During the notice period, Kivra shall deliver the Plus Service in accordance with the Agreement. Unscannable Mail to Users during the notice period will be delivered in accordance with the provisions on Unscannable Mail in section 5 and will be charged according to the current price list.
Unscannable Mail to a User who, despite two reminders, has not paid for the Plus Service will, however, be sent back to the sender. If such a physical mail lacks a sender or the sender cannot be read, Kivra shall return the mail to the postal operator who delivered the physical mail to Kivra. Such a postal operator is responsible for handling the mail in accordance with the Postal Service Act's provisions on undeliverable letters.
The User has the option to reactivate the Plus Service during the notice period. If the termination has been made by the User, the User must re-register an active payment option in the Service upon reactivation. After reactivation, the notice periods set out in this section 8 shall apply.
Termination by the User due to the User not accepting changes and additions to the Plus Service shall be made in accordance with this section 8 and not in accordance with the provisions in the General Terms and Conditions for the Service.
9. After termination of the Plus Service
When the notice period is over, no physical deliveries or E-letters will be sent to the User via the Plus Service.
The User is solely responsible for the change of address to Plus Senders before the end of the notice period in accordance with what is stated in section 7.5 above.
Kivra reserves the right, after the notice period has expired, without first obtaining approval from the User, to notify relevant postal operators that the User has terminated the Kivra address and that any letters to the User addressed to the Kivra address are undeliverable. Kivra also reserves the right not to receive parcels and other mail addressed to the Kivra address after the notice period that cannot be handled as undeliverable letters.
Any mail delivered to the Kivra address after the notice period will need to be destroyed. As stated above (section 7.5), it is therefore of the utmost importance that the User changes address in relation to Plus Senders before the notice period ends. Kivra cannot be held responsible for any direct or indirect damage that this procedure may cause to the User.