Standard Terms

 

 

 

 

 

 

Advocate

Peter Arnt Nielsen

 

Sankt Thomas Allé 1

1824 Frederiksberg C

Denmark

 

pan@panlaw.dk

www.panlaw.dk


TEL +45  26 22 88 22

VAT  No.  35 33 12 20


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Standard Terms

 

Unless agreed otherwise in writing, these Standard Terms apply.

 

1. Confidentiality

Advocate Peter Arnt Nielsen (pan) is subject to professional secrecy. Any infor-mation from or regarding clients is treated as confidential.

 

2. Conflict of interest or of loyalty

pan does not undertake an assignment if a conflict of interest or of loyalty could arise.

 

3. Client Funds

3.1. Client Funds are deposited on client accounts with Sydbank. Interests ac-crued belong to the client. A Client Fund may be used to settle future fees, dis-bursements and costs.

3.2. Client Funds are protected by the Act on Guarantee Scheme for Depositors and Investors (Lov om indskyder- og investorgarantiordning). pan is not liable for any loss of Client Funds that may result from the insolvency of Sydbank.

  

4. Fee

4.1. pan’s fee is determined on the basis of the time spent on the assignment, the nature of the assignment, the complexity of the assignment and its importan-ce to the client, the values involved, the outcome of the assignment, and the lia-bility exposure.

4.2. Upon receipt of an assignment, pan gives an estimate of the expected fee and costs. If the fee etc is expected to exceed the estimate, pan immediately in-forms the client thereof.

4.3. pan examines to what extent a client can receive public legal aid or insuran-ce cover for legal costs. If the fee is to be paid provisionally or finally out of pub-lic funds or by an insurance company, the client will be advised of the principles for determining the fee and of the potential consequences for the client.

 

5. Invoice, costs, and security

5.1. pan invoices the client, when the assignment has been completed. Continu-ous assistance and assignments of long duration are invoiced quarterly. VAT is added pursuant to Danish VAT legislation. Payment two weeks after invoice da-te.

5.2. The client must prepay costs. Costs are charged separately to the client.

5.3. For mediation and arbitration, the parties shall provide security for pan's fee and costs.The security is deposited on a separate client account, see clause 3. If a party fails to provide security, the other party may provide the security in full. The parties are jointly and severally liable for the fee and costs.

5.4. In other cases than mediation and arbitration, pan may demand that the client provides security for pan's fees and costs. The security is deposited on a separate client account, see clause 3.

 

6. Use of services

6.1. pan’s services are targeted at each individual assignment and are accor-dingly not to be used for any other purpose without pan’s explicit prior consent.

6.2. Original documents are handed over to the client upon completion of the as-signment. The files are kept for five years from the date of invoice.

 

7. Completion of the assignment before agreed

pan reserves the right to discontinue an assignment if the credit period of an in-voice has been exceeded with four weeks; the client does not settle an invoice; the client becomes insolvent; pan finds that it cannot be responsible for handling the case, or if it is in the interest of the client that the cooperation is terminated.

 

8. Limitation of liability, limitation, and insurance cover

8.1. Subject to paragraphs 2, 3, and 4, pan is liable for its services in accordan-ce with the general rules of Danish law. pan is covered by a statutory professio-nal liability insurance.

8.2. pan’s liability is limited to an amount equivalent to 5 times the fee (ex VAT) for the assignment, and not more than 2.5 million DKK per assignment. pan’s liability does not comprise financial consequential losses, including, but not limit-ed to, operating loss, loss of data, lost earnings, goodwill, image, etc., or any other indirect loss.

8.3. A commercial client's claim for damages against pan will become timebarred 12 months after the client became or ought to have become aware of the cir-cumstances on which the claim is based.

8.4. pan is not liable for mistakes or faults committed by advisors that pan has referred the client to, or for mistakes or faults committed by sub-contractors that pan in agreement with the client has passed on parts of the assignment to.

 

9. Choice of law, complaints and arbitration

9.1. Any dispute between a client and pan is governed exclusively by Danish law.

9.2. Complaints about advocates' fees and conduct can be brought before The Disciplinary Board.

9.3. Any dispute between a client and pan shall be settled by arbitration. The Ar-bitral Tribunal shall consist of a sole arbitrator who shall be appointed by the President of the Council of the Danish Bar and Law Society. The place of arbitra-tion shall be Copenhagen.


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