These terms of business apply to any assignment undertaken by Viggers Eriksen Advokatfirma I/S, CVR no. 43332694, (hereafter ”Viggers Eriksen”, “we” or “us”), unless otherwise agreed in writing.
1. CONFLICT OF INTEREST
In accordance with the rules of the Danish Bar and Law Society and our internal conflict of interest procedures, we ensure that there is no conflict of interest or loyalty before we finally undertake and/or accept an assignment. If a conflict of interest or impartiality should arise during a case, causing us to discontinue our work, we will be pleased to recommend another law firm.
2. IDENTITY INFORMATION AND ANTI MONEY LAUNDERING PROCEDURES
Like all Danish law firms and attorneys, we are subject to the Danish Act on Measures to Prevent Money Laundering and Financing of Terrorism (the Danish Money Laundering Act). Accordingly, we are obliged to obtain and keep proof of identity on any client. In case out client is a company; we are obliged to obtain and keep information about ownership and control structures.
3. CONFIDENTIALITY
We are subject to a duty of professional secrecy and confidentiality. Any information from or relating to a client that we receive in connection with an assignment will be treated as confidential, unless it appears from the circumstances that such information is not of a confidential nature.
The duty of confidentiality applies with due observance of applicable law, including the duty of disclosure to public authorities in relation to the Act on Preventive Measures against Money Laundering and Terrorist Financing.
We do not warrant and are not responsible for maintaining confidentiality in external communications, including by e-mail and other electronic means.
4. FEES
Our fees are determined on the basis of various parameters such as the time spent, the importance and value of the case for the client, the outcome of the case, the nature and extent of the work carried out by the lawyer and the liability associated with the case.
It may be difficult to quantify our fees at the time of receipt of an assignment. However, at the client's request, we provide (and always provide in writing to consumers) a reasoned estimate of the fees, including information on expected costs and disbursements. Further, we will of course inform the client as early as possible if it appears that the total fees are likely to exceed the estimate.
5. INVOICING
Where possible, we will invoice monthly in arrears, quarterly or when the assignment has been completed. Our payment terms can be found on our invoices and will usually be 8 days from the invoice date. VAT will be added to the invoice according to the applicable rules.
6. DISEMBURSEMENTS
The client will be invoiced separately for disbursements and relevant costs related to our assistance, including registration fees, court fees, travel costs and extraordinary copying costs. To the extent possible, we will inform the client of such costs.
7. SECURITY DEPOSIT
We generally pass on relevant disbursements and costs to the client at the same time as we invoice our fee for the assignment. However, we are entitled to request advance payment of pre-known disbursements and costs. If deemed necessary or appropriate, we may also request advance payment of our fees.
Prepaid fees, disbursements or costs are paid into our client account and after positive or negative interest accrual the amount will be used to settle future invoices, disbursements and costs, unless otherwise agreed in writing.
8. CLIENT FUNDS
We handle funds held on behalf of clients (hereinafter "Client Funds") in compliance with applicable rules. Client Funds are deposited on a separate account and interest (positive as well as negative) thereon accrue to the client. Client Funds are protected by the Act on Guarantee Scheme for Depositors and Investors (in Danish “lov om indskyder- og investorgarantiordning”) which protection is subject to a general maximum of EUR 100,000 per client per deposit bank. Further information regarding the guarantee scheme is available on the Guarantee Fund’s website (www.dii.dk).
Unless Client Funds are held for a specific purpose, or other agreement has been made, Client Funds paid into our client account by a client can (after adjustment for positive or negative interest accrued) be used for settlement of invoices to that client.
We disclaim any and all liability for any loss of Client Funds which may result from the insolvency of a financial institution in which Client Funds have been deposited.
9. PROCESSING OF PERSONAL DATA
We protect and process personal data in accordance with applicable rules and the personal data legislation in force at any given time and we refer to our personal data protection policy, which can be accessed here.
10. USE OF OUR ADVICE AND OTHER SERVICES
Our advice and other services are targeted to the specific assignment and may therefore not be used for any other purpose without our express, written and prior consent. We disclaim any liability for losses arising from the use of our advice for purposes or in contexts other than those disclosed to us at the time our advice and/or services were provided.
11. DURATION OF ADVICE
We will continue to provide the agreed advice until the end of the assignment or until an agreement is reached to terminate the advice.
The client may terminate the cooperation at any time by written notice to us. Our withdrawal from a client relationship will, where appropriate, be in accordance with the Code of Conduct set out by the Danish Bar and Law Society (in Danish “de Advokatetiske Regler”). According to the Code of Conduct, an attorney must not cease to handle a case in such a way or under such circumstances that prevents the client from retaining legal services from other parties in a timely manner and without prejudice to the matter at hand.
12. LIABILITY AND LIMITATION OF LIABILITY
We are liable for our legal advice in accordance with Danish law and subject to the limitations set out below.
We explicitly disclaim all liability for any consequential and/or indirect losses, including (but not limited to) operating loss, loss of data, lost earnings, compensation, loss of business opportunity, punitive damages, agreed penalties, damage to goodwill or public image, etc., even if such losses were foreseeable or we have been informed of the possibility of such losses.
Our liability is strictly limited to a maximum of five (5) times the invoiced and paid fee (excluding VAT) for the assignment in question, however, our total financial liability vis-à-vis our clients is limited to a maximum of DKK 2,500,000 per assignment. In addition, Viggers Eriksen shall not be liable to any one client for any compensation in excess of DKK 5,000,000 in relation to claims brought by such client within any period of two calendar years. With a prior written agreement between us and the client, the said limits may be increased.
As Danish lawyers, we solely advise on Danish legal matters. If an assignment involves foreign law, we recommend that the client engage the legal assistance of relevant local resources. Our involvement in parts of such assignments shall not be deemed to be consultancy on foreign matters.
Claims can only be made against Viggers Eriksen and not against individual partners or other employees.
If the client is a business entity, any claim for damages it may have against Viggers Eriksen will become time-barred twelve (12) months after the client becomes, or ought to have become, aware of the circumstances on which the 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.
We have taken out a professional liability insurance with CNA Insurance Company (Europe) S.A., Hammerensgade 6, 1, DK-1267 Copenhagen K, Denmark, CVR no. 40015604 in accordance with the rules of the Danish Bar and Law Society, and CNA Insurance Company (Europe) S.A. has simultaneously issued a compulsory guarantee for funds deposited in client accounts in accordance with the corre-sponding rules of the Danish Bar and Law Society.
13. ARCHIVING
Files shall be kept for five years from the date of completion of the task, unless a longer or shorter retention period is required by the circumstances or by the applicable law, after which they shall be destroyed in the case of physical documents or deleted in the case of electronic storage.
Information and documentation obtained pursuant to the Act on the Prevention of Money Laundering and Terrorist Financing shall be retained for five years from the completion of the task, after which it shall be destroyed in the case of physical documents or erased in the case of electronic retention, unless longer retention is necessary to comply with the requirements of applicable law or ethical guidelines for lawyers.
14. COMPLAINTS
We are subject to the general rules on complaints of the Danish Bar and Law Society.
If the client is dissatisfied with our assistance or fees, the client is kindly requested to contact the partner in charge of the matter. If the client and the partner in charge of the matter are unable to find a solution, the client may file a complaint with the Disciplinary Board of the Danish Bar and Law Society (in Danish “Advokatnævnet”). The contact details of the Disciplinary Board of the Danish Bar and Law Society are: The Secretariat of the Disciplinary Board of the Danish Bar and Law Society, Kronprinsessegade 28, 1306 Copenhagen K, Denmark. E-mail: klagesagsafdelingen@advokatsamfundet.dk.
15. GOVERNING LAW AND VENUE
Any dispute between us and a client shall be subject to Danish law (excluding conflict of laws rules) and the exclusive jurisdiction of the District Court located in Aarhus, Denmark (in Danish “Retten i Aarhus”).
June 2023