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Unless otherwise agreed Codex Advokater’s terms of business apply to all legal services rendered by Codex Advokater to the client.
These terms of business are valid from 18 September 2017.
1.0 IN GENERAL
1.1 All Codex Advokater’s lawyers are appointed by the Danish Ministry of Justice and part of the Danish Bar and Law Society.
1.2 Codex Advokater provides legal advice in accordance with the rules of the Danish Bar and Law Society, the rules of the Danish Administration of Justice Act and other relevant legislation. The purpose of these rules is to ensure that Danish lawyers as the client’s independent adviser protect the client’s interests diligently and with the utmost integrity.
1.3 Codex Advokater is subject to the rules of the Money Laundering Act and therefore under an obligation to collect and store identify information on the client.
1.4 Before initiation of the assignment, Codex Advokater will investigate if the assignment implies a risk of any conflict of interest or conflict of loyalty between Codex Advokater’s clients.
1.5 Codex Advokater and the client agree on the scope of the legal advice on a current basis, and Codex Advokater is under an obligation to provide qualified legal assistance to be delivered within the agreed time frame and to the agreed scope.
1.6 Codex Advokater keeps all files for a minimum of 5 years after the completion of the assignment.
1.7 Unless otherwise agreed with the client in writing, Codex has and retains intellectual property rights to documents and other material which Codex Advokater prepares in connection with the case. The client may use the material when required by the case in question. If
the client wishes to use the material additionally or make the material available for others, this shall only take place subject to Codex Advokater’s prior consent.
1.8 Complaints about fees and conduct may be brought before Advokatnævnet, Kronprinsessegade 28, 1306 København K.
2.0 FEES, INVOICING AND CLIENT FUNDS
2.1 Codex Advokater’s legal fees are based on the time spent taking into account the interest of the case to the client, the liability assumed with the case, the complexity of the case, the use of specialist skills and the result achieved.
2.2 Costs and expenses related to the case, including travel and accommodation expenses, meals, copying etc. shall be paid by the client in addition to the fee.
2.3 The invoicing frequency will be agreed with the client based on a monthly or quarterly on account settlement.
2.4 Disbursements shall be prepaid by the client.
2.5 Codex Advokater’s terms of payment are 14 days net from the date of invoice. Interest on overdue payments shall be calculated in accordance with the provisions of the Interest on Overdue Payments Act.
2.6 Client funds entrusted to Codex Advokater must be placed on a client account pursuant to the client account provision of the Danish Bar and Law Society. Interest hereof is charged in accordance with the client account provision of the Danish Bar and Law Society. The client pays interest, which are debited Codex Advokater’s client account as the client account carries a negative interest rate.
2.7 Attention is drawn to the fact that deposits in our client accounts are covered according to the same rules as other bank accounts, implying that in general, the maximum coverage is 100,000 Euro (approx. DKK 750,000) per depositor. The depositor’s/client’s total funds in the bank is decisive for the calculation of the maximum coverage, not the depositor’s funds on the client account. Codex does not assume any liability for loss of amounts paid into Codex Advokater’s client account as a consequence of the fact that the bank, in which client funds are deposited, is in default. If the client requests that we use a client account in a certain bank, this shall be notified in connection with establishment of the case.
3.1 Codex Advokater is under an obligation to treat all information received as confidential, and all employees at Codex Advokater are subject to an extended duty of confidentiality.
4.0 LIABILITY, LIMITATION OF LIABILITY AND INSURANCE
4.1 Codex Advokater has provided a guarantee pursuant to the provisions of the Danish Bar and Law Society by Tryg, Klausdalsbrovej 601, 2750 Ballerup and Codex holds a liability insurance with the Danish insurance company Tryg Forsikring, Klausdalsbrovej 601, 2750 Ballerup. The liability insurance covers all legal assistance from our office in Denmark, wherever the legal practice is exercised.
4.2 Codex Advokater is liable for damages in accordance with the general rules of the Danish Administration of Justice Act for any loss our client may suffer as a result of our legal advice.
4.3 Codex Advokater’s, including its partners’ and employees’, liability for services and advice rendered is limited to a maximum of DKK 25 million per assignment, and the total amount of claim for damages which a client is entitled to receive cannot exceed DKK 25 million for all claim for damages which the client makes in one calendar year.
4.4 The client can only advance claims against Codex Advokater and not against the individual partner or employee.
4.5 Codex Advokater, including its partners and employees, is not liable for consequential damages or financial consequential loss, including loss on operations, loss of data, loss of earning, goodwill etc.
5.0 GOVERNING LAW AND VENUE
5.1 Any dispute concerning Codex Advokater’s legal advice and business terms etc. are governed by Danish law, and disputes shall be settled by a Danish court only.