Terms and Conditions - Virtus Advokater ApS
This document sets out the Advokatfirmaet Virtus ApS´ standard terms and conditions. Advokatfirmaet Virtus ApS ‘terms and conditions apply to the legal advice and the services that Advokatfirmaet Virtus ApS provides to the client, unless otherwise agreed. These terms and conditions may be varied or deviated from in the form of an explicit provision to this effect in the specifically drafted letter of agreement, to which these terms and conditions are attached as an appendix. By signing and returning the agreement letter, the client agrees to be bound by these terms and conditions with any corrections and additions set forth in the agreement letter.
1. Service, client care and complaint guidance
The law firm Virtus ApS strives in every respect to provide clients with a service that is both cost-conscious and of high quality, and which meets or exceeds the client’s expectations. The law firm Virtus ApS undertakes to the client to provide qualified legal advice that is delivered at the agreed time and to the agreed extent.
The law firm Virtus ApS will continuously update the client regarding the legal advice provided, as well as the scope of each task, including by giving the client information if specialists are to be involved in the work, and if relevant, introduce the client to such specialists before they are involved.
The law firm Virtus ApS will in relation to the client briefly explain general and legal issues that may arise in connection with the case, including, where it is natural, discuss with the client whether the probable outcome of the case justifies the conduct / continuation of the case.
Should the client not have any comments, including actual complaints, the client can at any time contact the partner who is primarily responsible for the case in this case, even if the person in question is not involved in the day-to-day processing of the case.
The client is encouraged to bring up any issue that may arise as a result of the course of the case. Any complaint will be dealt with constructively, and will be resolved immediately, by finding a solution that is satisfactory to all parties.
The fee is determined on the basis of an overall assessment of the scope and nature of the task, including the liability associated with the case, the size of the case, the significance of the case for the client, the time spent and the result obtained. In certain cases, it is possible that an additional rate may be charged, for example if an extraordinary effort has been made in the form of working outside normal working hours, or if the case concerns particularly complex, difficult or unusual aspects.
In some cases, it is possible to provide a fixed estimate or quote for all or part of the case. Any fixed offer will be based on the terms and conditions stated in the contract letter.
disclosure of inside information about listed companies and associations, including compliance with regulatory restrictions on trading in listed securities.
Our advice is subject to and provided in accordance with the current rules for the practice of law, including the 6th section of the Code of Judicial Procedure, the Danish Bar Association’s rules for good legal practice, the rules on client account funds and is subject to the Danish Bar Association’s supervisory and disciplinary system. The rules can be found at www.advokatsamfundet.dk.
Should the client find that Advokatfirmaet Virtus ApS has acted in violation of good work practice or wish to complain about a settled fee, this can be done to the Bar Council by filling out a form for behavioral complaints and fee complaints, which can be found on the Bar Association’s website and submit this via e- mail to klagesagafdelingen@advokatsamfundet.dk or to the Advokatnævnets sekretariat, Kronprinsessegade 28, 1306 København K. You can read more about this at www.advokatnævnet.dk.
2. Fees and other costs
The law firm Virtus ApS strives to charge a fee that is fair and reasonable, and which ensures that the cost of legal services is less than the value that the advice adds to the client.
Advokatfirmaet Virtus ApS reserves the right to charge additional fees if statements prepared by Advokatfirmaet Virtus ApS are passed on to a third party or another lawyer in the case and thus have a further liability.
As a general rule, time spent as a secretary is not invoiced. However, the time spent as secretary is invoiced in connection with the creation of the case, including searching for any conflicts of interest and obtaining documentation for use in compliance with the Money Laundering Act. In cases where the special nature or scope of the case entails the need for secretarial assistance to an extent that significantly exceeds the usual, and where the secretary performs special tasks of a legal nature, time spent is invoiced according to the current hourly rate for secretaries.
Passed student law. time is invoiced according to the applicable hourly rate for our stud.jur personnel.
The client can set an upper limit for how many expenses may be incurred in the case without the client’s approval. If such a limit is desired, please notify this in writing at the start of the case, or at any time during the course of the case.
In connection with the start of the case, it will be estimated to the client how much time is expected to be spent on the processing of the case. If it turns out that a change in the circumstances will affect the estimate of time elapsed, the client will be informed of the consequences thereof. The client must accept that a given time estimate is a broad estimate and not a fixed offer. The law firm Virtus ApS reserves the right to change a given estimate if it becomes clear that the processing of the case will entail additional costs than was originally possible to anticipate, or if other factors make it necessary to change the assessment. The client will be informed in writing if the given estimate turns out to be exceeded.
The fee is exclusive of relevant costs and expenses, including but not limited to VAT, expenses (liaison lawyer, fees to the court / registration / stamp, etc., fees in connection with obtaining company information, registration data, etc., expenses in connection with inspections & estimates, etc. ), expenses (transport, travel and subsistence expenses, major copying and shipping expenses, etc.)
The commencement of a case may from the Advokatfirmaet Virtus ApS be conditional on the payment of an appropriate deposit, including, among other things, adequate fees, costs, fees, charges and the like. Paid deposit will be credited to the client no later than in connection with the final settlement of the case. The final fee as well as expenses for fees and the like may exceed the deposit paid.
3. Invoicing and client funds
Invoicing of a case will generally take place monthly and otherwise at the end of the case. The payment terms are net in cash 10 days from the invoice date. In the event of late payment, interest is calculated in accordance with the Interest Act. The fee is subject to VAT in accordance with the rules in force at any given time. The client is responsible for paying the bill, unless otherwise agreed, also in cases where:
The client has requested that the bill be sent for payment by a third party.
Third parties have agreed to pay the client’s costs.
The client is insured
All client funds that are included in the client account with Advokatfirmaet Virtus ApS are managed according to the Danish Bar Association’s rules and are deposited in client accounts. Accrued interest accrues to the client in accordance with the rules laid down by the Danish Bar Association at any given time.
Pursuant to the Act on Guarantees for Depositors in connection with the Bankruptcy of Banks, it appears that the same rules apply to the money the client has in the bank via a lawyer’s client bank account, which applies to the money the client himself deposits in the bank. If a bank goes into reorganization proceedings or goes bankrupt, the depositors (customers) may lose the money in excess of € 100,000 that the depositors have in the bank. The same restriction applies to ordinary bank accounts and client bank accounts, and this means that the client will potentially – if the bank becomes insolvent – lose amounts in excess of € 100,000. If the client has money both in his own accounts and in the lawyer’s client bank account in the same bank, the client can only have a total of € 100,000 covered via the guarantee scheme. However, the coverage maximum is greater in connection with home sales, where the guarantee covers up to DKK 10 million. €.
The law firm has group client bank accounts in Danske Bank A / S, cf. 7, and unless otherwise agreed or disclosed, trusted funds will be deposited in one of these institutes. Any created separate client accounts will also be made in Danske Bank A / S, in which connection the above also applies.
4. Confidentiality
Any information that the client provides to Advokatfirmaet Virtus ApS, or that Advokatfirmaet Virtus ApS otherwise receives about the client or third parties in connection with the advice, is treated confidentially. Material handed over by the client or a third party to Advokatfirmaet Virtus ApS, regardless of the form or medium of the material, is treated and stored confidentially. All employees at Advokatfirmaet Virtus ApS are subject to an unconditional duty of confidentiality and have signed a declaration to this effect.
However, the law firm Virtus ApS does not guarantee that confidentiality can be maintained by external communication, including in the form of e-mail, fax or the like.
The confidentiality obligation applies with respect to rules that oblige Advokatfirmaet Virtus ApS a duty to provide information in relation to the public or others, including the rules on the prohibition of money laundering.
After the conclusion of a case, Advokatfirmaet Virtus ApS keeps all the case documents in the client’s case file (with the exception of papers that the client may request returned) for a minimum of 5 years, after which they are destroyed. Documents that may have been left in custody The law firm Virtus ApS for storage is not destroyed after 5 years. Advokatfirmaet Virtus ApS reserves the right to charge a fee for keeping documents in custody, just as a fee is reserved if Advokatfirmaet Virtus ApS is to pass on stored material to the client or another party at the client’s request.
The law firm Virtus ApS has databases containing details regarding clients and potential clients. Entering into an agreement with Advokatfirmaet Virtus ApS on legal assistance is also a consent from the client that Advokatfirmaet Virtus ApS can process and store received information. The information that Advokatfirmaet Virtus ApS has received from the client can also be used in connection with credit control, and where this may be relevant credit investigations. If the client, in relation to the case, transfers personal data regarding third parties to Advokatfirmaet Virtus ApS, it is the client’s responsibility that the relevant personal data protection laws are complied with in this connection.
5. Conflict of interest, insider rules and money laundering
Prior to the start of a case, Advokatfirmaet Virtus ApS investigates whether there is a conflict of interest which means that Advokatfirmaet Virtus ApS is barred from taking on the case in question.
The law firm Virtus ApS is subject to current legislation prohibiting
The law firm Virtus ApS is subject to the rules in the law on preventive measures against money laundering and terrorist financing. In connection with the start of a case, information must therefore be obtained to identify the client in the form of a passport / driving license, and if the client is a legal person, information is obtained about the client’s ownership and control structure to identify the real owners.
6. Liability and Insurance
The law firm Virtus ApS is responsible for the advice provided to the client, in accordance with the general rules of Danish law, however with the restrictions stated below.
The liability is in any case limited to an amount corresponding to DKK 10,000,000. The total amount of compensation for the consequences of one damage can thus not exceed this amount.
The law firm Virtus ApS is not responsible for indirect losses or operating losses, including loss of data, loss of profit, goodwill, reputation, etc. The liability does not include fines or the like, whether they accrue to the public or private. The liability does not include liability for other advisers or independent third parties in general, to whom Advokatfirmaet Virtus ApS has, in agreement with the client, left parts of the task, or which the client has assumed after our referral.
The law firm Virtus ApS is covered by liability insurance with a recognized Danish insurance company and has provided a guarantee in accordance with the Danish Bar Association’s rules.
7. Bank
The law firm Virtus ApS ‘bank connection is Danske Bank, Hillerød Business Department, Munkeengen 32, 3400 Hillerød and client account reg. No .: 3543, account no .: 4467 408 089.
8. Copyright
The client will receive the necessary rights to the specific written material that Advokatfirmaet Virtus ApS produces in connection with the advice. However, the law firm Virtus ApS has and retains the actual copyright and intellectual property rights to the produced material, unless otherwise expressly agreed.
9. Choice of law and venue
These terms and conditions are subject to Danish law, and any disagreement or dispute that may arise on the basis of the terms of business must be brought before Danish courts and before the Copenhagen City Court as the court of first instance.
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Virtus Law will subsequently return with an offer of legal assistance if the issue falls within one of our many areas of competence.
