Terms of Business
1. Scope of the Terms of Business
1.1
SØNDERBY LEGAL operates from the following address: Tronholmen 3, 8960 Randers SØ – Havnegade 4, 8000 Aarhus C – H.C. Andersens Boulevard 11, 2nd floor, 1553 Copenhagen V
We can be contacted by telephone on +45 72109090 and by email at info@sonderbylegal.dk
Our VAT number is 38054929.
SØNDERBY LEGAL is organised as a limited partnership.
The lawyers at SØNDERBY LEGAL are appointed by the Danish Ministry of Justice and are members of the Danish Bar and Law Society.
1.2
These Terms of Business apply to all legal services performed by SØNDERBY LEGAL for the client, unless the client has entered into another written agreement with us for the specific assignment.
2. Performance of the Legal Assignment
2.1
SØNDERBY LEGAL and the client will continuously agree on the legal assistance and scope of each assignment, as well as the client’s and others’ participation and services.
2.2
SØNDERBY LEGAL undertakes to provide the client with qualified legal assistance, delivered on time and to the agreed extent.
2.3
SØNDERBY LEGAL, including the firm’s partners and employees, performs the assignment in accordance with the requirements for conduct and ethics in the Danish Administration of Justice Act’s rules on lawyers and the Danish Bar and Law Society’s code of ethics for lawyers.
2.4
SØNDERBY LEGAL is subject to the rules of the Anti-Money Laundering Act and must therefore, among other things, collect and store identity information on the client.
To the extent that the safeguarding of the rules on anti-money laundering requires it, SØNDERBY LEGAL is entitled at any time to demand personal identification from the client, including for those authorised to sign or others who act on behalf of companies, associations, foundations, etc.
2.5
SØNDERBY LEGAL stores all case files in archives for at least five years from the conclusion of the case. Original documents are returned no later than upon conclusion of the case.
2.6
The client obtains the necessary rights to use the written material that SØNDERBY LEGAL provides to the client in connection with the case, but SØNDERBY LEGAL has and retains all copyrights and other intellectual property rights to the material.
3. Fees, Invoicing and Client Funds
3.1
SØNDERBY LEGAL determines the fee based on the scope of the work, including work outside normal working hours, the interest the case represents for the client, the value of SØNDERBY LEGAL’s services, the responsibility associated with the assignment, the complexity of the case, the degree of specialist knowledge and the result achieved. We may ask the client to pay a deposit for our fee.
3.2
Assignment-related costs and expenses, including fees, reasonable travel and accommodation expenses, catering, major copying and shipping expenses, and external transmission expenses, are paid by the client in addition to fees.
3.2.2
In connection with the completion of property transactions, assistance to the other party to the transaction will be charged to the client if the other party has not established a digital signature and we must therefore obtain a registration power of attorney, etc.
3.3
In connection with the commencement of an assignment, the client will, upon request, be informed of the size of the fee, if possible based on the nature of the assignment. If the fee cannot be disclosed, the way in which the fee is calculated, e.g. the hourly rates used, will be disclosed. In consumer relations, the client is given information about the fee before the work begins.
3.4
SØNDERBY LEGAL normally invoices quarterly in arrears. However, prepayment of larger, external costs is generally required.
3.5
The terms of payment are net 8 days from the invoice date. In case of late payment, interest will be calculated in accordance with the provisions of the Danish Interest Act. The invoice amount must be paid regardless of local taxes in the client’s country of domicile.
3.6
All client funds entrusted to SØNDERBY LEGAL are managed in accordance with the Danish Bar and Law Society’s rules and are deposited in client accounts with Sparekassen Kronjylland, Tronholmen 1, 8960 Randers SØ. Accrued interest accrues to the client in accordance with the Danish Bar and Law Society’s rules, while negative interest is debited to the client in connection with the settlement of the case. All interest is credited or debited at the same rate as credited to or charged to SØNDERBY LEGAL.
In the event of a bank’s bankruptcy, depositors are covered in accordance with the Act on a Guarantee Scheme for Depositors and Investors. The Guarantee Fund covers an eligible depositor’s funds up to an amount equivalent to EUR 100,000 (approximately DKK 750,000). The coverage ceiling applies to the total deposit in the bank, even if the money is in different accounts, including both client bank accounts and own accounts.
Special rules apply to deposits relating to real estate if the real estate has been used for or is intended for mainly non-commercial purposes. Here, amounts up to EUR 10 million are covered for up to 12 months after the amount was deposited, and regardless of whether the deposit is in a separate account. Further information about the guarantee scheme can be found on the Guarantee Fund’s website www.gii.dk.
4. Confidentiality, Impartiality and Insider Rules
4.1
SØNDERBY LEGAL is obliged to treat all information received from the client or received about the client as confidential. Everyone at SØNDERBY LEGAL is subject to an extended duty of confidentiality, and SØNDERBY LEGAL also has security procedures for handling all confidential material.
4.2
Everyone at SØNDERBY LEGAL is subject to special rules in accordance with applicable legislation on the prohibition of disclosure of inside knowledge of listed companies and restrictions on trading in listed securities.
4.3
SØNDERBY LEGAL has established special rules and procedures which are intended to counter conflicts of interest upon receipt of the case and to handle conflicts of interest which may arise along the way. To the extent that conflicts of interest are assessed to exist, or that such conflicts of interest could arise, clients are immediately advised of this with an invitation to seek legal assistance elsewhere.
4.4
SØNDERBY LEGAL cooperates with others on the provision of assistance by agreement with the client and provides information at the client’s request on the measures that SØNDERBY LEGAL has taken to avoid any conflicts of interest in this regard.
5. Liability, Limitation of Liability and Insurance
5.1
SØNDERBY LEGAL is liable for the advice provided in accordance with the general rules of Danish law.
5.2
The liability is for both SØNDERBY LEGAL and its partners and employees limited to an amount of maximum DKK 50 million per assignment, however, so that the total compensation amounts that one client is entitled to receive cannot exceed DKK 50 million, as far as all claims that the client makes within one calendar year are concerned.
5.3
SØNDERBY LEGAL and its partners and employees are not liable for indirect losses or consequential damages, including operating losses, loss of data, lost profits, goodwill, image, etc.
5.4
SØNDERBY LEGAL’s partners and employees are not liable for any errors committed by advisors to whom SØNDERBY LEGAL has referred the client, just as SØNDERBY LEGAL and its partners and employees are not liable for any errors committed by subcontractors to whom SØNDERBY LEGAL, by agreement with the client, has entrusted parts of the solution of the assignment.
5.5
Lawyers at SØNDERBY LEGAL are covered by liability insurance in CODAN Forsikring and covered by the firm’s guarantee scheme taken out with CODAN Forsikring. The liability insurance covers all legal and board work performed by SØNDERBY LEGAL, regardless of where the legal practice is exercised.
5.6
The lawyers at SØNDERBY LEGAL are covered by the Danish Bar and Law Society’s supervisory and disciplinary system and by the rules on good legal practice, cf. section 126 of the Danish Administration of Justice Act. In addition, the code of ethics for lawyers applies.
5.7
The rules that apply specifically to the practice of the legal profession can be found on the Danish Bar and Law Society’s website.
6. Complaints
6.1
If the client is not satisfied with SØNDERBY LEGAL’s advice or the calculated fee, the client can contact the partner who is responsible for the case at any time.
6.2
Complaints about SØNDERBY LEGAL’s advice or the calculated fee can be brought by the client before the Disciplinary Board of the Danish Bar Association:
Kronprinsessegade 28
1306 Copenhagen K
Telephone: 33 96 97 98
E-mail: klagesagsafdelingen@advokatsamfundet.dk
www.advokatsamfundet.dk/Advokatnævnet
7. Choice of Law and Venue
7.1
SØNDERBY LEGAL’s advice and terms of business are subject to Danish law.
7.2
Any disputes can only be brought before Danish courts.