Terms and conditions Business – January 20211
These terms and conditions apply to any legal assistance and services a client has requested from Winsløw when the client is not a consumer, unless otherwise agreed in writing.
A consumer is defined as a person who seeks assistance, mainly for use outside his profession.
In addition to these terms and conditions the Code of Conduct for the Danish Bar and Law Society apply.
Information about Winsløw
The name and address of the company is:
Gammel Strand 34
1202 København K
Business reg.no. 41933844
Winsløw is a limited partnership company owned by attorneys.
When we receive a request for assistance, we prepare a written description of the scope of work to the client with information about the guidelines of the calculation of the fee and, if possible, an estimate of the fee.
In cases that are not extensive, continuous client relationship, cases where the client has clearly described the assignment and in case of urgent assignments, we can waive the assignment confirmation.
The client may at any time ask to receive an assignment confirmation, and the client can demand to receive a revised assignment confirmation if the scope of the assignment is significantly changed.
We may require the client to accept the assignment confirmation in writing before starting work.
We may at our discretion require that the client makes an advance payment as a deposit based on the nature of the case or the client’s residence or financial situation.
When we have undertaken an assignment we commit to provide assistance to the client until the assignment is completed. However, the client can at any time choose to change attorney, and we can also choose to withdraw from a case where this can happen in a timely manner in order for the client to find other legal assistance and without causing the client damage in this respect.
When the assignment has been completed we are not under any obligation on our own initiative to contact the client with information regarding changes in legislation, administrative practice or case law etc., which could change the client’s position compared to what was provided at the completion of the assignment. This applies even if the relationship as a client in other matters is maintained.
Conflicts of interest
We have established internal guidelines in accordance with the Code of Conduct for the Danish Law Society cf. above to avoid situations where there is conflict of interest. If a conflict of interest may arise, we refer the client or clients to an-other attorney.
Identity information and anti-money laundering
The Danish law on anti-money laundering is applicable for attorneys. In connection, hereto we collect identity information on our clients and keep this information in our anti-money launder-ing records. After a period of 5 years, we delete this information.
We collect personal data as part of performing our job. Thus we keep information such as name, address, phone numbers, email address-es etc. on clients, counter parties and other individuals who we need to contact in our cases. Basically we do not collect sensitive personal data but only regular personal data. However, we do collect and protect Social Security Numbers in connection with anti-money laundering, filing to public registers and to ensure the identi-ty of Individuals. We keep this information in our case management system and we delete this information when it is no longer relevant, i.e. when any claim regarding the cases in which the information is included undoubtedly are statute-barred.
Basically we do not keep sensitive personal data in accordance with The EU General Data Protection Regulation but to the extent this would be the case, this information will be deleted separately as soon as we no longer have a specific reason to keep this information. For this specific use, we keep a separate register of sensitive personal data and where they are registered in our systems. If we get in possession of sensitive personal data not relevant to our job, we will delete this information without informing the sender or the individual whom the information concerns.
Everybody has the right to have their personal data in our possession handed over with the exceptions applicable in accordance with The EU General Data Protection Regulation. However, at the same time we are obliged to uphold client confidentiality, which implies that no one will have information handed over if we risk con-firming or denying us providing legal advice in specific areas. However, every single request is handled individually and we reserve the right to sort material. With regard to our clients, we reserve our right to hand over information on personal data to a third party in situations we deem necessary.
Individuals like suppliers, experts or others whom we by coincidence has some contact with, including individuals whose contact information is stated on documents we have received but not relevant to our case handling and thus are not kept in a separate register, we deem have no right to have personal data handed over in accordance with The EU General Data Protection Regulation.
Amounts deposted into the client bank account
The Danish law on guarantees for deposits in connection with a bank’s bankruptcy means that the same rules apply for the amount of money, the client has deposited into the client bank ac-count as well as for the money, the client himself deposits into the bank.
If a bank comes into restructuring proceedings or goes bankrupt, the client can lose the money beyond 100,000 EURO, which the client has at the bank. This means that the client potentially – if the bank becomes distressed – could lose an amount beyond 100,000 EURO. If the client has funds both in his own accounts and in the client bank account at the same bank, the client can only be covered a total of 100,000 EURO by the guarantee scheme. We are not liable for the clients’ loss if such a situation should occur, even if the client’s funds are deposited on our client account.
We have Nykredit Bank as our principal bank connection, and trusted funds in the client’s case will – unless otherwise agreed – be deposited into a client bank account at Nykredit Bank.
Interest are charged and settled in accordance with the applicable rules for client accounts from the Danish Bar and Law Society. To the extent that a separately created
client bank account is charged or credited with interest or fees, this amount is charged/settled to the client. To the extent that the our general client account is debited or credited with interest, we are entitled to debit or credit the client interest (both negative and positive) at the same interest rate used by the bank. Interest amounts of less than DKK 100 are not charged or settled.
We are not entitled to charge higher fees for our work, than what can be considered reasonable, pursuant to the Danish Code of Civil Procedure article 126, section 2. Any dispute regarding the size of the fee may be referred to the Danish Disciplinary Board for Attorneys, cf. www.advokatsamfundet.dk.
We generally calculate the fee on the basis of the time spent but also other matters such as the degree of specialist knowledge that was needed to solve the assignment, the involved attorneys’ experience, the values involved and the outcome affect the size of the fee.
Assignments invoiced on the basis of the time spent:
Attorneys and associates register the time spent on the case. The registration is filed electronically in units of 10 minutes.
Administrative employees register automated time of certain routine functions, document creation and letters as well as manual registration of long phone conversations, larger copy jobs and the like.
Law students register jobs regarding documentation and other jobs.
A supplement for evening and weekend meetings is applicable after agreement.
The client can at any time be informed of the time spent on a case.
In connection with the invoicing of a case, the responsible attorney / associate makes a critical review of the debited time to correct any errors and assess the fee’s general fairness.
To the extent we receive advance payment or deposit of costs, such payments will be treated as client funds to be deposited in a client’s bank account.
For larger or long-term assignments the fee will be invoiced in arrears at the end of each month, unless otherwise agreed.
For smaller or short-term assignments the fee will be invoiced at the completion of the assignment.
Payment terms are 14 days net. If applicable, VAT will be added. In case of late pay-ment, interest in accordance with the Danish Interest Act shall be paid.
The client is charged separately for all expenses and disbursements incurred in connection with the assistance. This may, for example be service charges, reasonable travel, catering and ship-ping costs.
For larger copy jobs a fee is calculated separate-ly.
We ask the client to indicate whether the client has taken out insurance that will cover legal fees and expenses.
If the client is covered by an insurance, the above mentioned principles for the calculation of our fee still apply without any changes and with effect prior to any conflicting terms in the insurance coverage. If the insurance coverage states that other principles for the calculation of fee apply and such principles will reduce our fee, the client is under an obligation to renounce the insurance coverage.
If a case is insurance-covered, the insurance will only cover within the coverage amount. The client is responsible for paying excess and any costs not covered within the coverage amount.
In accordance with the Code of Conduct for the Danish Bar and Law Society all information we receive in connection with an assignment is treated as confidential, unless the circumstances indicate that the information is not confidential.
All employees are covered by existing legislation prohibiting the disclosure of inside information about listed companies and restrictions on trading in listed securities.
The client’s use of our advice
Our advice is only to the client and may not be used for any other purpose without our express prior consent. Unless otherwise agreed, we are only responsible to the client for the advice.
The client is granted the necessary rights to use the specific written material that we have pre-pared for the client’s case, while we retain intellectual property rights, including copyrights, to this of us produced material in general.
Storage of files
Original documents are normally handed over to the client at the latest after the completion of the assignment. We store our files for at least five years from the date of the last invoice.
Governing law and jurisdiction
Any dispute between a client and us must be resolved in accordance with Danish law by the competent Danish court.
All attorneys in Winsløw Advokatpartnerselskab are appointed by the Danish Ministry of Justice and are members of the Danish Bar and Law Society.
Liability and insurance
We are responsible to the client in accordance with Danish law. We have liability insurance for all legal business with a reputable company (Co-dan Forsikring A/S) and have via the same company placed the required guarantees under the rules established by the Danish Bar and Law Society. Our responsibility in relation to legal assistance is limited to the sum of the amount paid by our insurance company and our own excess. Our responsibility does not include con-sequential economic loss, including consequential loss, loss of data, loss of profits, goodwill, image, etc. or other indirect losses.
Our responsibility in connection with each as-signment is limited to 10 x the fee for the relevant assignment, however maximum DKK 25 million.
The client’s claim can only be raised towards Winsløw Advokatpartnerselskab, and not to-wards any of the company’s partners or employees.
We are not liable for any mistakes made by other consultants, we have referred the client to, nor are we liable for any errors committed by subcontractors, which we agreed with the client have left parts of the assignment.
All claims towards Winsløw Advokatpartnerselskab are statute–barred 12 months after the client knew or should have known the circumstances, which is the basis for the claim. All claims are however at latest statute-barred 3 years after the alleged deficient counseling was provided to the client.