Terms of business Advodan Thisted P/S
1. Scope of application
1.1.
The following terms of business apply to any service that Advodan Thisted P/S (hereinafter Advodan) undertakes to provide clients with, unless otherwise separately agreed in writing.
2. Receipt of the assignment
2.1.
Advodan investigates on its own initiative and in accordance with the rules of the Danish Bar and Law Society, whether there is a conflict of interest or disqualification upon receipt of the case. If this is found to be the case, Advodan will, at the client's request, assist as far as possible in finding another lawyer.
2.2.
In consumer matters, we always confirm the case in writing by an agreement letter/assignment confirmation and provide an estimate of the costs of the assignment including VAT.
2.3.
In commercial matters, we provide a fee estimate on request. Fee estimates in commercial matters will always be provided without VAT, unless otherwise clearly stated.
3. Carrying out the assignment
3.1.
Advodan's assistance only covers matters that are regulated by Danish law, unless otherwise agreed in writing.
3.2.
Advodan always holds the copyright to material that is prepared in connection with the processing of the case, unless otherwise agreed in writing. The client obtains the right to use the material delivered for use in the specific case and for the client's internal purposes. All original documents that have been handed over to Advodan during the receipt and processing of the case will be returned by agreement and generally at the end of the case.
3.3.
Advodan stores the case files electronically for an appropriate period after archiving, which is at least 5 years and can amount to up to 10 years depending on the nature of the matter. Please refer to Advodan's privacy policy for details on retention periods.
4. Fees and expenses
4.1.
Unless a separate written fee agreement has been entered into, Advodan determines the fee in accordance with the applicable rules for lawyers based on the scope of the work, the time spent, the importance and value of the case to the client, the complexity of the case, the responsibility associated with the case, the outcome of the case and the degree of specialist knowledge required to resolve the case.
4.2.
Unless otherwise agreed in writing, the fee is determined on the basis of hourly rates, as the size of the hourly rate depends on the individual employee's level, the nature of the task and any specialist work.
4.3.
If an estimate of the expected fee has been given, Advodan will always inform the client if the final fee is expected to significantly exceed the estimate. If the client is a consumer, such information will always be in writing. An estimate will always be based on the tasks that are described together with the estimate, and otherwise what could be foreseen at the time of submission of the estimate.
4.4.
All costs and disbursements directly related to the matter are paid by the client in addition to the fee, including, but not limited to, taxes, fees, postage, necessary travel and accommodation costs and transport costs. The state's rates for transport allowance are used when driving.
5. Invoicing and payment
5.1. Advodan reserves the right to quarterly or monthly invoicing depending on the nature and scope of the individual matter.
5.2. Advodan may require a prepayment/deposit of the entire or part of the expected fee for assistance in the case. Prepayments/deposits will always be offset against future invoices for the specific case.
5.3. If the Client is granted legal aid coverage for the conduct of civil proceedings, Advodan will charge the Client the Client's minimum deductible on the legal expenses cover under the Client's individual insurance policy, unless otherwise separately agreed.
5.4. The payment terms are always 14 days, unless otherwise agreed in writing. In the event of late payment, interest is charged in accordance with the provisions of the Danish Interest Act from the due date.
5.5. Payment must be made in accordance with the payment information stated on Advodan's invoices.
6. Client funds
6.1.
Advodan processes all received client funds in accordance with applicable legislation and the Danish Bar and Law Society's rules for client accounts (the Client Account Regulations). All received client funds are deposited into Advodan's joint client bank account with Sparekassen Thy or a separate client account established for the client.
6.2.
If the client needs to transfer a cash amount to Advodan, Advodan will set up a separate client account if the client's balance exceeds DKK 75,000.00 and is expected to remain with Advodan for more than 30 days. Other deposits will remain in Advodan's joint client bank account, unless otherwise agreed or the nature of the case requires so.
6.3.
According to the Client Account Regulations, all accrued interest belongs to the client, while negative deposit interest and a fee for the establishment of a separate client account may be charged to the client and offset against deposits in the client account. However, for deposits in joint client bank accounts, these will only be charged to the client if both limits for deposit and duration stated in clause 6.2 have been exceeded, and only if the calculated amount of interest exceeds DKK 500 per interest accrual (quarterly). Accrued or charged interest will be reported to the tax authorities in accordance with clause 12 of the Tax Reporting Act by the bank or Advodan.
6.4.
The client's identity information is disclosed to Advodan's bank in connection with the payment of client funds to Advodan's client accounts in accordance with the Anti-Money Laundering Act, including in connection with payments to joint client accounts, cf. clause 38 b of the Anti-Money Laundering Act. Reference is also made to Advodan's information about obligations under the anti-money laundering legislation on the website.
7. Liability and limitation of liability
7.1.
Advodan disclaims responsibility for given advice if, without Advodan's prior written consent, the advice is used for purposes other than the specific task/cause the advice was aimed at. Advodan is therefore only responsible to the client and only for advice provided in connection with a specific task/case.
7.2.
In commercial matters the liability for the advice is limited to 10 times the invoiced fee in the case, however further limited to a maximum of DKK 5,500,000 per case. Furthermore, a client’s maximum total compensation amount is limited to DKK 5,500,000 for claims raised by the client within the same calendar year.
7.3.
Any claims for damages can only be brought against Advodan Thisted P/S, CVR-nr. 41311576 who provided the advice, and the client is thus prevented from making claims for damages against Advodan's individual partners and employees, unless otherwise follows from mandatory legislation.
7.4.
Advodan cannot be held responsible for errors made by advisors whom Advodan has referred the client to or subcontractors to whom the client's task is entrusted by agreement with the client.
7.5.
Advodan cannot be held liable for indirect or consequential loss, including operating loss, loss of time, loss of data, loss of goodwill, loss of earning potential, loss of profit, image, etc.
7.6.
Advodan only advises on matters that are subject to Danish law, cf. clause 3.1. and any statement from Advodan on matters that are subject to foreign law is not liable for Advodan.
8. Confidentiality
8.1.
Advodan treats all information received about the client confidentially. All employees of Advodan have been explicitly reminded of the confidentiality provisions applicable to lawyers, and all employees are subject to an extended duty of confidentiality.
9. Money laundering
9.1.
As a law firm, Advodan is covered by the Anti-Money Laundering Act. As lawyers, we are obliged to collect and store identity information about our clients and to carry out an assessment of the risk of contributing to money laundering or terrorist financing in relation to the client - collectively referred to as a KYC check. For this, we use a partner, Creditro A/S.
9.2.
If suspicion arises as to whether a transaction is related to money laundering or terrorist financing, Advodan is obliged to investigate such transaction and if necessary, notify and disclose the customer's identity information to the State Prosecutor for Special Crime in accordance with the provisions of the Anti-Money Laundering Act.
9.3.
Advodan stores the collected identity information for 5 years after the end of the customer relationship. After this, the identity information is deleted.
10. Applicable law and venue
10.1.
The contractual relationships between Advodan and the clients are governed by Danish law, and any disputes must be brought before the Danish courts with the Court of Holstebro as the venue of first instance.
11. Consumer complaints
11.1.
If you disagree with the lawyer's fee or the handling of your case, you as a consumer have the opportunity to file a complaint to the Disciplinary Board of the Danish Bar and Law Society.
The contact information of the Disciplinary Board of the Danish Bar and Law Society is:
Advokatnævnet
Kronprinsessegade 28
DK-1306 Copenhagen K
T: +45 33 96 97 98
Email: klagesagsafdelingen@advokatsamfundet.dk
The Code of Conduct for the Danish Bar and Law Society can be found on the Danish Bar and Law Society's website https://www.advokatsamfundet.dk/Advokatnaevnet.aspx.
12. Personal data
12.1.
When attending to the client's case and advising the client, Advodan processes a number of personal data about the client/the client's employees, counterparties and other parties. This processing is necessary in order for Advodan to be able to respond to the client’s inquiry and provide advice to the client. For this purpose, Advodan has prepared a personal data policy that specifies how personal data is processed, how long personal data is stored, what rights the data subject has in connection with the processing of his/her personal data and who the contact person for personal data at Advodan is. Read Advodan's privacy policy.
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