These business terms shall apply to any assignment undertaken by Plesner Advokatpartnerselskab
1 Assignment, scope and use of our advice
Plesner Advokatpartnerselskab (in the following "Plesner"), Company Registration (CVR/VAT) No. 3847 7935, provides legal advice within the scope defined in consultation with the Client. Where relevant, our agreement with the Client will be outlined in an engagement letter. The scope of the assignment may be adjusted from time to time as required.
Our advice is targeted at each individual assignment and is accordingly not to be used for any other purpose without our explicit prior consent. We are only liable to the client to the extent of the advice provided. We only provide advice on Danish law.
Information about Plesner that must be made available under Clause 13 of the Code of Conduct for the Danish Bar and Law Society is available on www.plesner.com.
2 Client identity information and data protection
Just as other law firms, Plesner is subject to the Danish Act on Measures to Prevent Money Laundering (lov om forebyggende foranstaltninger mod hvidvask og finansiering af terrorisme). Accordingly, we are obliged to obtain and keep identity information on all clients.
We collect, store and handle data about clients as required by applicable laws.
When processing personal data in connection with the provision of legal advice, Plesner is acting in a capacity as an independent data controller. However, in special situations Plesner may be acting in a capacity as a data processor and the client may be acting in a capacity as a data controller, in which case the parties will conclude a data processing agreement.
3 Confidentiality and protection of inside information
All Plesner employees are subject to professional secrecy. Any information from or about clients which we receive in connection with an assignment is treated as confidential, unless it is clear from the circumstances that such information is not confidential.
Furthermore, all Plesner employees are subject to applicable legislation on the prohibition against the disclosure of inside information on listed companies and restrictions on trade in listed securities as well as Plesner's internal rules. Plesner has set up internal procedures to prevent insider trading.
Professional secrecy is subject to the rules imposing a duty of disclosure on lawyers towards public authorities and similar institutions, e.g. under DAC6 (Directive 2018/822/EU).
4 Avoidance of conflict of interest
In accordance with the rules of the Danish Bar and Law Society and our impartiality procedures, we ensure that there is no conflict of interest or loyalty before finally undertaking/accepting an assignment. If a conflict of interest or impartiality should arise subsequently, causing us to discontinue our work, we will undertake to recommend another law firm.
Subject to the applicable conflict of interest rules, an assignment does not prevent Plesner from advising other companies within the same industry as that of the Client.
5 Client funds
Plesner handles funds held on behalf of clients ("Client Funds") in compliance with applicable law. In accordance with such regulations, Client Funds are deposited on special accounts with recognised Danish banks and all interest (positive as well as negative) on such amounts will accrue to the credit of the relevant client. Client Funds are protected by the Danish Guarantee Fund for Depositors and Investors Act (lov om indskyder- og investorgarantiordning), which protection is subject to a general maximum of EUR 100,000 per depositor in respect of each deposit bank. Plesner is not liable for any loss of Client Funds which may result from the bankruptcy of any bank with which such Client Funds are deposited.
6 Prepayment and retainer
Disbursements and relevant costs relating to the assistance provided are charged separately to the client.
We normally ask for prepayment of disbursements and costs, and we may also ask for prepayment of fees.
Prepaid fees, disbursements or costs are paid into our client account, and the amount, inclusive of any interest accrued, may be used for the settlement of future invoices, disbursements and costs.
7 Fees, payment and invoicing
Legal fees are determined on the basis of various parameters, such as the time spent, the expertise and experience of the attorneys involved, the complexity of the assignment and its importance to the client, the values involved, the outcome of the assignment and the liability exposure. Our fees are exclusive of relevant costs and disbursements.
It may be difficult to provide a fee estimate upon receipt of the assignment. However, upon request we do provide – and always to consumers – a qualified estimate and information regarding the expected fees, costs and disbursements, and we will inform the client as early as possible in the event that total fees would be likely to deviate from the estimate.
In cases decided by administrative bodies, arbitration tribunals or courts, Plesner's fee will constitute at least the amount of litigation costs awarded to the client.
We usually invoice the client when the assignment has been completed. Continuous assistance and assignments of longer duration are invoiced at regular intervals, typically every third month. The terms of payment are two weeks from the date of invoice, and VAT is added pursuant to applicable rules.
In case of late payment, default interest will be charged as set out in the Danish Interest Rate Act (renteloven). If an invoice is not paid, we may resign as legal adviser both as regards the relevant assignment and as regards other matters that we handle for the client in question.
8 Duration of the assignment
Plesner will complete the assignment unless the client requests that the matter be closed at an earlier stage. However, we reserve the right to discontinue our assistance immediately if, in spite of reminders, the credit period indicated in our invoices has been exceeded considerably, or if the client becomes insolvent. We also reserve the right to withdraw from a matter if, in exceptional cases, we find that we are unable to handle a matter or if we believe that it is in the best interest of the client to terminate our cooperation.
Plesner reserves the right to close files that are not active, including in order to accept assignments for other clients in respect of the same matter. If a file is closed, we will ensure that any relating confidential information we have received will not be used in connection with any other assignments.
Plesner or the Client may terminate the cooperation at any time.
Plesner is entitled to receive payment of all fees and reimbursement of all costs for the period up to the effective termination of our engagement.
Original documents will usually be released no later than upon completion of the assignment. We will keep the files relating to a matter for five years from the date of invoice.
9 Intellectual property rights
Unless otherwise agreed, intellectual property rights in materials prepared by Plesner belong to Plesner.
Plesner reserves the right to refer to our involvement in a given matter for marketing purposes, provided that the matter is known to the public.
11 Relationship to other advisers
Even if external advisers issue invoices directly to Plesner, it is still the Client which is the customer of such external advisers. Furthermore, Plesner is not liable for any advice rendered by sub-contractors, including if such sub-contractors or external advisers are retained by us or with our assistance.
12 Insurance cover and limitation of liability
Under the general rules of Danish law, Plesner is liable for any advice we provide to clients, and we are insured against third-party risks with an insurance company of good repute.
Our liability is limited to a maximum of DKK 50 million per assignment. However, compensation to a client cannot exceed DKK 100 million for claims advanced or increased during the same or the immediately following calendar year. Our liability does not comprise financial consequential losses, including, but not limited to, operating loss, loss of data, lost time, lost earnings, goodwill, image, etc., or any other indirect loss.
Plesner is subject to the general rules on complaints issued by the Danish Bar and Law Society.
If the client is not satisfied with our assistance or our fees, the client will be asked to contact the partner in charge of the matter or the partner responsible for the client relation. If the client and the partner in charge of the matter or the partner responsible for the client relation are unable to resolve the issue, Plesner's managing partner will be called upon to ensure that the complaint is processed in accordance with our internal procedures, which will imply that the assessment of one or more other experienced partners not involved in the matter will be obtained in order to resolve the matter amicably.
If it is not possible to reach an agreement with respect to a complaint, the client may file a complaint with the Disciplinary Board of the Danish Bar and Law Society at the following address:
The Secretariat of the Disciplinary Board of the Danish Bar and Law Society
1306 Copenhagen K, Denmark
If the client is a consumer, a complaint may also be filed with the Online Dispute Resolution of the European Commission. This is of particular relevance if the client is a consumer resident in another EU Member State. The complaint may be filed by using the following link: http://ec.europa.eu/odr. Please use our email address email@example.com if filing a complaint.
All claims for damages will become time-barred at the latest three (3) years after the rendering of the advice comprised by the claim. Furthermore, if the Client is a business entity, any claim for damages against Plesner will become time-barred 12 months after the Client becomes or ought to have become aware of the circumstances giving rise to the claim.
14 Law and venue
Any dispute between a client and Plesner is subject to Danish law and the jurisdiction of the Danish courts.
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Version 1.0 applicable as of November 2020