TERMS AND CONDITIONS
1 ABOUT
1.1 The terms and conditions apply to all tasks that NordicTrust Law Firm performs for the client. Deviations from the terms and conditions can only be made after express, prior and written agreement in each individual case.
1.2 NordicTrust Law Firm is a personally owned and run law firm with CVR no. 35097449. Any lawyer in NordicTrust Law Firm is appointed as lawyer by the Civil Agency under the Ministry of Justice in Denmark, and is part of the Bar Association. In addition, NordicTrust Law Firm can employ commercial legal representatives and other advisers who, on an equal footing with the company's lawyers and legal representatives, serve the firm's clients in all matters, apart from appearing in court. All advice is provided in accordance with Danish law, cf. also below, and NordicTrust Law Firm is, among other things, covered by the Danish Bar Association's supervisory and disciplinary system, the rules on good legal practice in the Judicial Administration Act § 126 and the Danish Bar Association's ethical rules, which can be read at www.advokatsamfundet.
2 EXECUTION OF LAWYER TASKS
2.1 NordicTrust Law Firm defines the task for the client/clients in collaboration with the client/clients.
2.2 NordicTrust Advokatfirma only advises on Danish law and EU Community law, and does not advise on tax, unless this is expressly agreed in writing.
2.3 NordicTrust Law Firm works according to a quality management system to achieve the best possible handling of the task in accordance with the client's requirements and expectations and to minimize the risk of errors. NordicTrust Law Firm returns the client's original case files when the task has been completed, and archives its own case files for at least five years.
3 FEES, ETC.
3.1 NordicTrust Law Firm sets the fee based on an overall assessment, in which, among other things, resource consumption is included, including the time spent, specialist skills used, whether the task was carried out under very tight deadlines or outside normal working hours, partly the responsibility associated with the case, the size of the case, the importance of the case for the client and the result achieved.
3.2 The client also pays costs and expenses incurred by NordicTrust Law Firm in carrying out the task, including taxes, fees, travel costs, copying and shipping costs. The amounts are invoiced when NordicTrust Law Firm deems it appropriate. Invoices are usually made on an ongoing basis during the execution of the case and at the end of the case.
3.3 The payment terms are net 7 days from the invoice date. In case of delayed payment, interest is calculated in accordance with the rules of the Interest Act.
3.4 The client can, upon request, receive a fee estimate before NordicTrust Law Firm begins the work. In consumer relations, NordicTrust Law Firm always provides the client with information about the fee before the work begins.
3.5 NordicTrust Law Firm does not manage client funds.
4 CONFIDENTIALITY, PROPERTY, INSIDER TRADING AND ANTI-LAUNDERING COMPLIANCE
4.1 Everyone in NordicTrust Law Firm has a duty of confidentiality vis-à-vis outsiders with regard to the content and nature of the cases and information from and about the client, unless the information in question is not of a confidential nature due to the circumstances. NordicTrust Law Firm has established special security procedures to ensure this. The obligation of confidentiality shall however respect to rules that impose a duty of disclosure on NordicTrust towards public authorities.
4.2 NordicTrust Law Firm has established special rules and procedures which aim to address conflicts of interest when receiving a case and to handle conflicts of interest that may arise along the way.
4.3 Everyone at NordicTrust Law Firm is covered by the Securities Trading Act's prohibition against insider trading. NordicTrust Law Firm has also established internal procedures to prevent insider trading.
4.4 Everyone at NordicTrust Law Firm is covered by the rules in the act on preventive measures against money laundering and the financing of terrorism (Hvidvaskningsloven). NordicTrust Law Firm must therefore, among other things, obtain and store information to identify the client and information about the client's ownership and control structure to identify the real owners if the client is a legal person. The client must deliver this immediately upon request and before starting a task. The information received will be processed in accordance with the law, including in accordance with the register legislation, and will be registered and stored in an electronic database in the company in accordance with our rules, found at our web page. If NordicTrust Law Firm becomes aware of, suspects, or has reasonable grounds to suspect that a transaction, funds or an activity is or has been connected to money laundering or the financing of terrorism or attempts to do so, NordicTrust Law Firm is obliged to report this to SØIK or the Bar Association.
5 LIMITATION OF LIABILITY
5.1 According to the general rules of Danish law, NordicTrust Law Firm is liable for damages for erroneous advice and assistance. However, the liability does not include any kind of indirect loss, operating loss, loss of time, loss of profit or other consequential economic losses, including loss of data, lost earnings, loss of goodwill or reputation and the like. Fines that a client may be imposed are not covered by the liability either. Liability for compensation is otherwise limited by the exceptions and limitations listed in this section.
5.2 NordicTrust Law Firm only advises on and under Danish law. The client can only raise claims against NordicTrust Law Firm and not against the individual partner or other legal employees.
5.3 NordicTrust Law Firm’s liability for damages towards the client is limited to 10 times the fee for the legal assignment in question, however never exceeding DKK 5 million, and limited such that the client can only receive a maximum of DKK 5 million in compensation for all claims raised by the client within the same or the immediately following calendar year, unless otherwise expressly agreed in writing between NordicTrust Law Firm and the client. The total compensation for liability to a client can thus not exceed this amount. If there are several claims, the total amount of compensation that a client can be entitled to receive in connection with claims raised by the client in question in a calendar year cannot, accumulated all together, exceed DKK 5 million either. To the extent that work, products and advice are delivered to one or more clients with common or comparable interests in one or more connected proceedings, the clients are considered as one client and the proceedings as one case in relation to the above limitations of responsibility and liability and the mentioned maximum amounts . It is also emphasized that the total compensation for several clients in an insurance year cannot exceed the insurance's maximum coverage, and it is emphasized that legal liability insurance has been taken out with a maximum coverage of DKK 10 million accumulated overall for all clients in one insurance year, and that any compensation claims from others will therefore risk to reduce the insurance coverage, and thereby possibly also reduce the client’s maximum compensation. The client is therefore encouraged to consider, before work on a case begins, whether there is a need or desire for higher insurance coverage, and if so, to immediately notify NordicTrust Law Firm of this, so that a written agreement can be entered into. This agreement can only be validly entered into directly with lawyer Tine Walldén Jespersen on behalf of NordicTrust Advokatfirma. NordicTrust Advokatfirma is not responsible or liable to anyone other than the client itself.
5.4 The client must indemnify NordicTrust Law Firm, to the extent that NordicTrust Law Firm incurs liability towards third parties that arises from work for the client and which, together with any claims from the client, exceeds the limitations above, or for which NordicTrust Law Firm is not responsible towards the client.
5.5 NordicTrust Law Firm is not liable for compensation for losses or damages that are caused by or can be directly or indirectly linked to an information security incident or error or breakdown in NordicTrust Law Firm's IT systems, or losses as a result of the financial collapse of an account-holding bank.
5.6 NordicTrust Law Firm is not liable, and is not liable for damages, for other advisers to whom NordicTrust Law Firm, in agreement with the client, has left parts of a task to, or whom the client has assumed following NordicTrust Law Firm’s referral.
5.8 If the client is a business, the client’s claim for damages against NordicTrust Law Firm expires 12 months after the client is or should have become aware of the circumstances that justify the claim for damages, but no later than 3 years after NordicTrust Law Firm has provided the advice from which the claim for damages arises, to the client.
5.9 NordicTrust Law Firm has taken out liability insurance and provided a guarantee cf. 10 below.
6 INTELLECTUAL PROPERTY RIGHTS
6.1 Intellectual property rights to material prepared by NordicTrust Law Firm belong to NordicTrust Law Firm. The client has the necessary rights to use the material for its own use, for which it is intended. The use of documents or material by other persons without NordicTrust Law Firm's prior acceptance or cooperation is unauthorized, and NordicTrust Law Firm reserves the right to invoice for unauthorized use, and NordicTrust Law Firm is not liable for or towards any third party’s unauthorized use.
7 MARKETING
7.1 NordicTrust Law Firm is entitled to refer in its marketing to the fact that NordicTrust Law Firm has acted as lawyer for the client in relation to a work, if the work is publicly known, or if NordicTrust Law Firm has agreed this with the client.
8 COMPLAINTS
8.1 NordicTrust Law Firm is covered by the Bar Association's Supervisory and Disciplinary System and by the rules in section 126 of the Administrative Procedure Act (Retsplejeloven) and the Lawyer’s Ethical Rules on Good Legal Practice (Advokatetiske Regler). These rules can be found on the Bar Association's website www.advokatsamfundet.dk.
8.2 If the client is dissatisfied with NordicTrust Law Firm’s advice, processing of an assignment, or the fee, the person can always contact NordicTrust Law Firm. The client can also file a complaint about NordicTrust Law Firm’s advice, or handling of the assignment, or the invoiced fee to the Advokatnævnet, Kronprinsessegade 28, 1306 København K, Denmark, klagesagsafdelingen@advokatsamfundet.dk, or by using the Advokatnævnet's digital complaints portal on the Advokatsamfundet's website www.advokatsamfundet.
9 CHOICE OF LAW AND JURISDICTION
9.1 Any dispute between a customer and NordicTrust Law Firm must be resolved in accordance with Danish law. Any disputes must be submitted to the competent Danish court in accordance with the Administrative Procedure Act (Retsplejeloven).
10 LIABILITY INSURANCE AND WARRANTY
10.1 NordicTrust Law Firm has taken out liability insurance and provided a guarantee with HDI Global Speciality SE Langebrogade 3F 1411 København K in accordance with the rules laid down by the Danish Bar Association, and the liability insurance covers all legal services regardless of where the legal services are carried out.