Why compromise?

Forretningsbetingelser

1 The engagement

1.1 NÉMETH SIGETTY’s engagement comprises the provision of professional legal advice, and both the scope and duration of the engagement are determined in cooperation with the client.

2 Instructions

2.1 NÉMETH SIGETTY acts on the basis of and in accordance with instructions received from the client. We are entitled to refuse to comply with instructions if our compliance would violate the law or any other rules or regulations, including but not limited to the Code of Conduct for the Danish Bar and Law Society.

3 Communications

3.1 NÉMETH SIGETTY cannot guarantee that confidentiality will be maintained in external communications, including but not limited to communications by email. At the request of the client, we use encryption systems or digital signatures.

4 Conflicts of interest

4.1 In accordance with the Rules and Bylaws of the Danish Bar and Law Society, NÉMETH SIGETTY is required to examine, prior to the commencement of an engagement, whether there are conflicts of interest which prevent NÉMETH SIGETTY from representing the client. Relevant facts and aspects will in that case be discussed with the client before the provision of services commences. The engagement will not prevent NÉMETH SIGETTY, subject to the rules on conflicts of interest in force from time to time, from providing legal advice to other businesses operating in the same industry or sector as the client.

5 Creditor information

5.1 NÉMETH SIGETTY is entitled to verify the client’s credit rating. This is done by collecting information from credit reference agencies, including but not limited to default notices and credit ratings.

6 Confidentiality

6.1 NÉMETH SIGETTY is subject to a duty of confidentiality in relation to any confidential information we receive from the client. This duty of confidentiality continues to apply after the engagement has terminated. The duty of confidentiality applies subject to laws, rules and regulations imposing on NÉMETH SIGETTY a duty of disclosure in relation to public authorities or any other third parties, including but not limited to legislation on measures to prevent money laundering.

7 Client-lawyer relationship

7.1 One or more partners will be the client’s primary contact(s). The partner in charge of your matter will make decisions on the involvement of other partners, lawyers, assistant attorneys and others.

8 HONORAR

8.1NÉMETH SIGETTY determines its fees on the basis of various parameters, including the resources consumed and the value added to the client by NÉMETH SIGETTY. An overall assessment is made to determine the fees, taking into account a range of elements, such as:

1. The time and labour expended, the skill, specialist knowledge and experience required, the complexity of the matter, whether the matter had to be undertaken under severe time pressure or outside normal working hours, the importance of the matter to the client, the responsibility involved in the matter and the results achieved.

8.2 Fees are subject to VAT unless special exemptions apply under current law. The terms of payment are 2 weeks net cash. For private clients interests, reference rate +8%, cf. the Danish Act on Interest, Art. 5(1), will be laid upon the amount from the maturity date. For business clients interests (2% per month) will be laid upon the amount from the maturity date.

9 Reimbursement of expenses

9.1 NÉMETH SIGETTY is under no obligation to incur disbursements on behalf of the client. Any costs and expenses incurred, including but not limited to considerable photocopying costs, fees and charges and travel and accommodation expenses, will be charged to the client.

9.2 Expenses associated with banking business for clients, including but not limited to fees and charges and, if applicable, negative interest on credit balances in the trust account, will be charged to the client.

10 Client funds

10.1 All client funds entrusted to us are managed in accordance with the Rules and Byelaws of the Danish Bar and Law Society and are held in trust accounts.

10.2 All client funds held in trust accounts are subject to the Danish Act on a Guarantee Scheme for Depositors and Investors, which implies that the funds, as a general rule, are protected under the said scheme up to a deposit guarantee limit of EUR 100,000 per depositor. The limit applies to the depositor’s total deposits with the bank in question, including funds held in trust accounts as well as other deposits. NÉMETH SIGETTY is not liable for any loss caused to the client as a consequence of the inability of the bank to pay back the deposit amount.

10.3 Funds held in trust accounts are subject to both positive and negative interest at the rate of interest prevailing from time to time for our trust accounts.

11 The term of the engagement

11.1 Both the client and NÉMETH SIGETTY may terminate the engagement at any time. Termination by NÉMETH SIGETTY is subject to the Code of Conduct for the Danish Bar and Law Society, which stipulates that a lawyer is not allowed to withdraw from a matter in such a way and under such circumstances that the client is precluded from seeking other legal assistance in due time and without any other adverse effect.

11.2 If an engagement is terminated prior to its ordinary completion, NÉMETH SIGETTY will be entitled to payment of fees and reimbursement of expenses for the period until the date of such termination. The engagement is generally assumed to involve active casework for NÉMETH SIGETTY on an ongoing basis. If this is not the case, NÉMETH SIGETTY is entitled to terminate the engagement by giving a reasonable notice, for instance – subject to the Code of Conduct for the Danish Bar and Law Society governing, in particular, conflicts of interest and confidentiality – with a view to taking on engagements from other clients.

12 Limitation of liability

12.1 NÉMETH SIGETTY is liable for any advice provided in accordance with the general rules of Danish law, and we have taken out insurance with a recognised insurance company.

12.2 The liability of both NÉMETH SIGETTY and its partners and employees, however, is limited to a maximum amount of DKK 25 million per assignment, provided always that the total amount of compensation to which one client is entitled cannot exceed DKK 40 million in relation to all claims filed by the client within one calendar year.

12.3 NÉMETH SIGETTY and its partners and employees are only liable for direct losses. NÉMETH SIGETTY and its partners and employees are therefore not liable for any consequential or indirect loss, including but not limited to loss of income, loss of data, loss of time, loss of profits, goodwill, etc.

12.4 As a Danish law firm, NÉMETH SIGETTY exclusively provides advice on issues of Danish law. If the engagement involves foreign law, NÉMETH SIGETTY recommends that the client engage local lawyers. Any involvement of NÉMETH SIGETTY in such parts of the engagement will not be considered to amount to advice on foreign law issues. NÉMETH SIGETTY assumes no liability for advice provided by other advisers to the client, regardless of whether such advisers have been engaged with the assistance of NÉMETH SIGETTY.

12.5. Our legal assistance is targeted at the specific assignment and is provided for the exclusive use of the client in connection with the specific assignment. The client will be granted the rights necessary to use any written material delivered to the client by NÉMETH SIGETTY in the context of the provision of assistance, but NÉMETH SIGETTY owns and retains all copy-rights in and other intellectual property rights to the material.

13 Archiving

13.1 Case files and documents are archived and kept for five years from the termination of the engagement, following which they are automatically shredded.

14 Marketing

14.1 While pursuing its marketing activities, NÉMETH SIGETTY is entitled to mention that NÉMETH SIGETTY served as a lawyer for the client in relation to the engagement when the engagement has terminated and become known to the public.

15 Complaints

15.1 In the event of dissatisfaction with the advice or other legal services provided to the client by NÉMETH SIGETTY, the client may contact the responsible partner at any time. NÉMETH SIGETTY is subject to the Code of Conduct issued by the Danish Bar and Law Society.

15.2 The client is entitled to file a complaint about our advice and fees with the General Council/Disciplinary Board of the Danish Bar and Law Society.

15.3 The Code of Conduct for the Danish Bar and Law Society is available at www.advokatsamfundet.dk.

16 Measures to Prevent Money Laundering

16.1 NÉMETH SIGETTY is subject to the Danish Act on Measures to Prevent Money Laundering and Financing of Terrorism (“the Money Laundering Act”).

16.2 This Act imposes an obligation on NÉMETH SIGETTY to obtain identity information and documentation from both new and existing clients who have not previously supplied identity documentation.

16.3 When opening a case with NÉMETH SIGETTY regarding transactions e.g. purchase and sale of real estate and companies, administration of clients’ money/securities, opening of bank accounts, raising capital, establishing funds etc, clients shall supply the following information, cf. the Money Laundering Act

• Name
• Address
• Civil registration no. or business registration no.

16.4 In some cases, the above-mentioned information and documentation shall also be supplied regarding the company’s ultimate owners.

Foreign clients are required to supply other information identifying the client to the same extend as a civil registration number (CPR) for persons or a business registration number (CVR) for companies.

16.5 In accordance with law, the identity information and documentation are stored and kept for a minimum period of five years after the relationship with the client has terminated, cf. the Money Laundering Act.

16.6 Attention is drawn to the Money Laundering Act, which includes, among other things, the duty of notification for NÉMETH SIGETTY pursuant to the Money Laundering Act in the event of suspicion of money laundering or terrorist financing etc.

17 Data protection – Personal data

17.1 We often receive various personal data relating to our clients. We process such data in accordance with legislation on personal data protection. NÉMETH SIGETTY is a data controller with regard to the personal data we receive from the client. This has the following implications, among others:

17.2 We do not disclose personal data to third parties unless such disclosure is required by law or is made in the context of our obligation to safeguard the client’s interests. By supplying personal data to NÉMETH SIGETTY, the client consents hereto.

17.3 The client is allowed at all times to approach NÉMETH SIGETTY with questions about how we process the client’s personal data. The client’s rights with regard to their personal data are respected. The client may obtain knowledge about their rights on the website of the Danish Data Protection Agency at www.datatilsynet.dk.

17.4 NÉMETH SIGETTY has established adequate technical and organisational measures to safeguard against unauthorised access to any personal data entrusted to us.

17.5 Personal data will be kept only for as long as it is relevant to the advice and services NÉMETH SIGETTY has provided to the client during the engagement and will under any circumstances be deleted in accordance with the relevant rules of law.

18 Governing law and jurisdiction

18.1 Any dispute over the advice provided by NÉMETH SIGETTY must be resolved in accordance with Danish law and is subject to the exclusive jurisdiction of the Danish courts.