Terms and Conditions
General Terms and Conditions 2020
Rose Advokater by Caspar Rose
Charlottenlund Stationsplads 2
(” Rose Advokater or Law Firm”)
Company reg.no. 25863313
These terms and conditions describe the basis for how the Law Firm provides legal assistance and advice unless otherwise agreed upon with the client.
Rose Advokater provides assistance based on the client’s description of the assignment to the extent that it does not conflict with applicable law or other legal rules. Rose Advokater always reserves the right to refuse to take on an assignment without giving any reasons.
Conflict of interest
Before starting the assignment, the Law Firm carries out an investigation to determine whether there is a conflict of interest and the question of conflict is discussed with the client. As regards conflict of interest rules, the Law Firm is not precluded from providing advice to other companies in the same industry as the client.
The Law Firms fee is calculated according to time spent on the basis of an hourly rate that is determined based on the nature of the legal assignment, including requirement for specialist knowledge and complexity, the responsibility and significance associated with the assignment, and the actual value of the legal assignment. The hourly rate is agreed upon and specified in the Law Firms Engagement Letter at the beginning of the case. On request, a copy of the Law Firms time record, will be provided to the client, at the time a particular transaction or matter is settled. A fixed fee can be agreed on for a specific task. If there is a need for additional tasks during an assignment, such time will be settled according to the elapsed time as stated, unless a separate fixed fee arrangement is entered into for such additional tasks. The Law Firm will notify the client if a task falls outside the fixed fee arrangement, so that a new agreement can be entered. When settling, an overall description of the legal services that has been provided, is mailed to the client. Danish VAT is added to the fee payable to the Law Firm, in accordance with applicable Danish law.
Terms of payment
Invoices must be paid net in cash. If payment is made later than 14 days after the date of issue of an invoice, interest is added equal to 1%. counting from the beginning of the following calendar month, as per the date of the invoice. When sending payment reminders to clients, a fee of 100 DKK per person may be added to the invoice. Assistance that extends over a longer period, is settled on a monthly or quarterly basis. Single cases of limited duration are settled once the transaction in question, has been completed. The client is obliged, upon request, to cover court fees, registration fees and related government fees. Such expenses will not be covered upfront by the Law Firm but must be paid at the beginning of the case, to the Law Firms client account or be paid, in accordance with the Engagement Letter at the beginning of the case. The Law Firm reserves the right to demand an advance payment of an appropriate amount to cover ongoing legal fees.
The Law Firm and anyone working for or in cooperation with the Law Firm in connection with a case, is subject to absolute confidentiality on all matters relating to the case and the client.
Communication between the Law Firm and the client is largely handled by email and/or WeChat correspondence which, in addition to the terms contained therein, may contain enclosed documents, etc. Emails are not encrypted but can be password protected by prior agreement with the client. All emails and attached documents sent to the Law Firm, are stored electronically. Attention is drawn to the fact that data exchanged via email may come to the attention of unauthorized third parties. This also applies to confidential information and data protected by password. The Law Firm cannot be held responsible for any such unauthorized third-party disclosures.
Money Laundering and terrorist financing
Identification of clients and law firms in Denmark are subject to the rules in the Money Laundering Act, on combating and preventing money laundering and terrorist financing. When the Law Firm accepts new instructions, the client may be asked to provide personal and business information (name, address and social security number/company registration number (cvr.nr.) names of the owner’s management, as well as authorized signatures or stamping/chop rules) and provide photo identification (copy of passport, driver’s license or ID). The client may also be asked to state where payments made through the Law Firm originate from.
Both the client and the Law Firm can terminate the assignment at any time. The Law Firm’s termination must be done in accordance with applicable law, to ensure that the client is not prevented from seeking other legal assistance without any other adverse effect. Termination may also be made with reasonable notice to enable the Law Firm to accept an assignment on behalf of other clients with respect to applicable law. If the client terminates the assignment before it is completed, the Law Firm is entitled to its fees and to have its costs covered, until the assignment has ended, to the extent that the Law Firm, in agreement or to protect the client’s interests, continues to perform work or incurs costs on behalf of the client in question.
Business fundamentals and tasks
Further information on the Law Firm Rose Advokater can be found on www.roseadvokater.dk Caspar Rose is appointed by the Ministry of Justice in Denmark. He is subject to the Danish Law Society’s supervisory and disciplinary rules and the rules of good practice. Caspar Rose is covered by professional liability insurance and guarantee scheme regulation through Dahlberg Assurance Agentur A/S at Lloyd’s Insurance Company S.A. The professional liability insurance covers the legal activities of Attorney-At-Law Caspar Rose.
Any dispute arising out of these general terms and conditions, or the breach arising out of or in connection therewith, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Danish Institute of Arbitration, in Copenhagen, Denmark (“Voldgiftsinstituttet”) or alternatively, in accordance with specific terms stipulated in the Law Firms Engagement Letter.
These general terms and conditions and any advice provided by the Law Firm, shall be governed by the laws of the Kingdom of Denmark, excluding and conflict of legal principles, of any other legal jurisdiction.