Terms of business

NYBORG & RØRDAM LAW FIRM

TERMS OF BUSINESS

  

Unless otherwise agreed in writing, these Terms of Business govern the legal assistance provided by Nyborg & Rørdam. The Terms of Business apply to requests from the client made after 14 November 2010.

All attorneys employed at Nyborg & Rørdam are officially appointed attorneys by the Danish Ministry of Justice and are members of the Danish Bar and Law Society.

1. Acceptance

  • In accordance with Nyborg & Rørdam’s rules and established internal procedures regarding potential conflicts of interest, we ensure that there is no conflict of interest or reason for disqualification when undertaking the assignment.
  • Nyborg & Rørdam is subject to the rules of the Danish Money Laundering Act and have laid down internal procedures in this regard. In this connection we are obliged to obtain identity information from new clients.

2. Performance of the assignment

  • Nyborg & Rørdam performs all assignments in accordance with the rules of the Danish Administration of Justice Act on practicing law and other relevant legislation. Furthermore, all assignments are handled in accordance with the Code of Conduct of the General Council of the Danish Bar and Law Association.
  • A written description will always be provided to clients who are consumers.
  • Copyrights and other intellectual property rights to the written material handed over to the client in connection with the case shall remain vested in Nyborg & Rørdam unless otherwise agreed upon with the client. Thus the client will be granted the necessary rights to use the written material to a usual extent.

3. Invoicing

  • Our fees for legal assistance and services provided are based on the scope of the work, including the importance of the matter to the client, the responsibility associated with the work, the complexity of the matter and the value added by the legal assistance and services provided to the client. Furthermore, any time pressure connected with the assignment, the degree of specialist knowledge required and the result achieved are taken into account.
  • If the client is a consumer, we will always provide the client with an estimate of the fee or the method of calculation of the fee prior to commencing the assignment. In other cases this information may be provided on request from the client.
  • All necessary expenses and disbursements paid by Nyborg & Rørdam in connection with our services are paid for by the client in addition to our fee. Such costs may include reasonable travelling and hotel expenses, court and registration fees, other charges and fees, translators, major photocopying or postage costs etc. Nyborg & Rørdam is entitled to receive advance payment of any disbursements related to the case.
  • In case of periodic assistance, we may be prepared to enter into special retainer agreements, for example if we agree to provide a lawyer to come to the client’s company office one day every week to provide legal assistance.
  • Nyborg & Rørdam is entitled to request an initial advance payment for the legal costs before commencing the work.

4. Terms of payment

  •  Nyborg & Rørdam generally invoices the client at regular intervals or upon completion of an assignment. However, we are always entitled to request on account payment of any continuous assignments.
  • Our terms of payment are 14 days from date of invoice. In case of late payment, Nyborg & Rørdam is entitled to charge interests in accordance with the provisions of the Danish Interest Act. VAT is added to the fee in accordance with applicable VAT legislation.

5. Administration of client funds

  • All client funds paid to Nyborg & Rørdam will be deposited in client accounts and are administered and interest paid by Nyborg & Rørdam in accordance with the rules of the Danish Bar and Law Society.
  • The client accepts that Nyborg & Rørdam, cf. the provisions of the Danish Money Laundering Act, is entitled to give identity information to the bank upon request.

The company’s client account is placed in Danske Bank Reg. no. 3001 Account no. 3154 079 041.

IBAN no. : DK  76 3000 3154 079 041
SWIFT-BIC: DABADKKK

6. Confidentiality and insider trading

  • Nyborg & Rørdam is obliged to treat all information not already publicly available in confidence. Everyone at Nyborg & Rørdam is subject to confidentiality restrictions, and special procedures have been established in relation to the handling of confidential information and material.
  • Everyone at Nyborg & Rørdam is subject to current legislation prohibiting the disclosure of inside information about listed companies and current restrictions on trading in listed securities. Nyborg & Rørdam has established a set of internal rules and procedures to prevent insider trading.

7. Liability, limitation of liability and insurance

  • Nyborg & Rørdam is liable for the services provided to the client in accordance with the general rules of Danish law.
  • The liability for the services provided of Nyborg & Rørdam and its partners and staff is limited to a maximum corresponding to the sum of the amount covered by our liability insurance. Nyborg & Rørdam is insured and has provided compulsory guarantee through Tryg Forsikring A/S limited to a maximum of DKK 100 million per year. Additional insurance for higher amounts can be taken out if so required considering the assignment in question.
  • Nyborg & Rørdam and its partners and staff are not liable for any financial consequential loss, including loss of anticipated profits, loss of or damage to data, goodwill, image etc. or any other indirect or consequential loss.
  • Nyborg & Rørdam and its partners and staff are not liable for services rendered by other advisers recommended by us and are not liable for any errors committed by sub-contractors or other partners engaged by Nyborg & Rørdam subject to agreement with the client.

8. Complaint procedure

If our assistance or fee does not live up to a client’s expectations, we urge the client to contact the partner in charge of the case.

Nyborg & Rørdam is subject to the general rules of the Danish Bar and Law Society regarding complaints. A client is entitled to submit a complaint about our counselling and fee to the Disciplinary Board (Advokatnævnet) in accordance with the relevant applicable rules.

Contact information of the Disciplinary Board:
Secretariat of the Disciplinary Board
Kronprinsessegade 28
1306 København K
Denmark
Email: klagesagsafdelingen@advokatsamfundet.dk
http://www.advokatsamfundet.dk/Service/English/Organization/The%20Disciplinary%20Board.aspx

9. Law and venue

  • Any dispute between Nyborg & Rørdam and a client shall be settled in accordance with Danish law, and the City Court of Copenhagen shall be the court of first instance with exclusive jurisdiction to settle any disputes.