1.GENERAL INFORMATION
These terms of business (”Terms”) apply to the legal advice and other services that Maavi Law ApS with Business Reg. No. (CVR) 45705439 (“Company” or “We”) undertakes to provide to you as a client (“You” or “Client”) unless otherwise agreed.
You may have received an engagement letter (”Engagement Letter”) specifying the legal advice and other services to be provided in relation to the specific assignment. Together, the Engagement Letter and these Terms constitute the agreement (”Agreement”) between You and the Company. In case of any discrepancy between the Engagement Letter and these Terms, the provisions of the Engagement Letter will take precedence.
2. ASSIGNMENT
We act on behalf of our clients and in compliance with the instructions received from our clients. We will perform all assignments in compliance with applicable rules, including the Code of Conduct for the Danish Bar and Law Society.
3. CONFIDENTIALITY
We treat all information disclosed to us as confidential information but cannot guarantee absolute confidentiality in external communications. The duty of confidentiality applies subject to the rules according to which the Company is required to disclose information to public authorities or others, including applicable money laundering rules and rules on the obligation to report cross-border tax arrangements to the tax authorities.
4. FEES AND INVOICING
The Company’s fees are determined based on considerations such as the significance and complexity of the assignment, the value added to a client, the success of the assignment, the nature and volume of the work performed, the time spent, and the specialist knowledge required as well as the liability involved in the assignment. The fees are subject to VAT unless otherwise provided by applicable law.
If agreed, the Company will provide You with an estimate of the expected fee for specific assignments. Unless otherwise agreed, services will be invoiced monthly in arrears. The Company may require advance payment of fees and other expenses before work is commenced. Expenses paid and costs incurred in connection with the assignment will be charged separately.
Unless otherwise agreed, terms of payment are 10 calendar days from the date of invoice. In case of late payment, default interest will be charged as prescribed in the Danish Interest Rates Act (renteloven).
5. TERMINATION
Either party is entitled to terminate the Agreement or the business relationship at any time. The Company is entitled to payment of all fees and reimbursement of all costs for the period up to the effective termination of the Agreement. The following provisions will remain effective after termination: 3 (Confidentiality), 6 (Marketing), 9 (Limitation of liability), 11 (Disputes and complaints) and 13 (Intellectual Property Rights).
6. MARKETING
The Company is entitled to mention in marketing material that the Company has provided legal advice and other services to You provided that such services have become public knowledge.
7. CONFLICTS OF INTEREST
Before work is commenced, the Company will confirm if the engagement gives rise to any conflicts of interest that will prevent the Company from representing You as a client in relation to the engagement in question. Any relevant matters will be discussed with You before work is commenced.
8. MONEY LAUNDERING
Under the Danish Money Laundering Act (hvidvaskloven), the Company must retrieve and store identity information about its clients. The documentation will be stored for at least five years after the relationship with the client has ended.
If engagement is subject to the Danish Money Laundering Act, the Company may decide to charge a fee for the completion of the statutory money laundering compliance check. Any extraordinary work in this connection will be charged based on time spent.
In situations where money laundering or financing of terrorism is suspected, the Company is obligated to notify the relevant authorities about the activities and to pass on client information to such authorities. We are not permitted to inform our clients of such notification.
9. LIMITATION OF LIABILITY
The Company is liable for damages under the general rules of Danish law for any loss inflicted on You as a result of the legal advice provided by the Company, subject to the following limitations.
For any given assignment our liability is capped at the lower of two times the fee for the relevant assignment and DKK 2.5 million. In addition, the Company shall not be liable to any one client for any compensation in excess of DKK 2.5 million in relation to claims brought by such client within any period of two calendar years. If the Company is held to be liable towards any third party and such liability arises out of our work for You as a client, You must indemnify the Company for such liability which, together with any claims from You, exceeds the limitations provided herein.
The Client may raise claims against the Company only and not against any of our owners, or employees individually.
The Company is not liable for any loss of data, operating loss, loss of time, profit, goodwill or reputation, or any other indirect losses.
The Company offers advice on Danish legal matters only. If the engagement involves foreign law aspects, the Company will assist You in engaging or coordinating contact with local lawyers or in obtaining specific legal advice from such lawyers on the legal matters involved. However, the Company is not liable for any advice provided by foreign lawyers, and the Company’s involvement in that part of the service will not be considered as legal advice provided by the Company on foreign legal matters. The Company is not liable for any advice provided by any other third-party advisors, even if such advisors have been engaged with the Company’s assistance.
The Company is not liable for any non-performance or any delayed performance of its obligations under the Agreement if such non-performance or delay is due to obstacles or matters outside the Company’ or any sub-service provider’s reasonable control (force majeure).
10. ELECTRONIC COMMUNICATION
You accept the use of electronic communication (including emails or other media) and the risk relating to such use. Each party is responsible for protecting its own systems and interests in connection with such electronic communication. The Company is not responsible for any error, loss, virus, delay, destruction, etc. relating to or inflicted by the use of electronic communication or information.
11. DISPUTES AND COMPLAINTS
The Company complies with the Code of Conduct issued by the Danish Bar and Law Society. You are entitled to bring complaints about legal advice and fees charged before the Danish Disciplinary Board (Advokatnævnet). The Code of Conduct for the Danish Bar and Law Society is available at www.advokatsamfundet.dk.
The Agreement and the Company’s legal advice are governed by and must be interpreted in accordance with Danish law, excluding its conflict of laws rules. Any dispute arising between You and the Company as a result of our legal advice will be settled in accordance with Danish law and subject to the exclusive jurisdiction of the Danish courts.
If You are a business entity, any claim for damages that You may have against the Company will become time-barred 12 months after You become, or ought to have become, aware of the circumstances on which such claim is based. However, all claims for damages will become time-barred at the latest three (3) years after the advice on which the claim is based was given.
12. INSURANCE
The Company has taken out liability insurance and provided a guarantee in accordance with the rules of the Danish Bar and Law Society. The liability insurance covers the Company’s provision of legal advice and other services regardless of where such services are provided.
The liability insurance has been taken out with and a guarantee has been provided via HDI Global Specialty SE, Langebrogade 3F, 1411 København K with policy number 156-76601574-30013.
13. INTELLECTUAL PROPERTY RIGHTS
The Company retains all intellectual property rights and other similar rights in the material prepared by the Company. You are only entitled to use such material to the extent provided for by the specific engagement.
14. REQUIRED INFORMATION
Information about the Company that is required to be made available pursuant to clause 13 of the Code of Conduct for the Danish Bar and Law Society is included in these Terms. Information on the Company’s processing of personal data is described in the Company’s Privacy Policy, which is appended to these Terms.