Terms of business
These terms of business apply to all legal services provided by Accura Advokatpartnerselskab (“Accura”) to our clients unless we have agreed otherwise in writing with the relevant client. These terms of business take precedence over any terms and conditions of purchase or the like relied on by our client.
2 Provision of legal services
We determine the scope of the provision of our legal services together with our client.
We define the legal services together and, to the extent possible, in writing in an email, an engagement letter or a framework agreement. In these terms of business, we lay down the terms for the provision of our legal services, and they may only be derogated from by written agreement with us.
We store the case files for up to 10 years after we have finished providing legal services to our client.
We only advise on Danish law.
3 Fees and invoicing
We generally invoice our fees based on hours spent. We also include other elements in the calculation of our fees. Such elements include the outcome of the case and the scope of liability involved in the provision of our legal services.
We invoice our fees once a month. Our terms of payment are net 14 days from the invoice date. In case of late payment, we will charge default interest under current rules.
On request, we will provide a non-binding fee estimate before we begin providing our legal services. When we provide legal services to private clients, we will always inform our client of the fees before we begin providing our legal services.
4 Client funds and deposit
Accura manages our clients’ funds under the Rules of the Danish Bar and Law Society.
Any interest added to the client account accrues to our client who will also pay any negative interest relating to the client account.
The Danish Act on the Investor and Depositor Guarantee Scheme (lov om indskyder- og investorgarantiordning) applies to the deposits in our client accounts. This means that deposits up to EUR 100,000 will be covered if the bank is failing. This limit applies to our clients’ total deposits in the bank.
We are not liable for deposits in our client accounts if a bank is failing.
Unless otherwise agreed with our clients, we will publish news about selected closed and publicly known cases which we have solved together.
6 Intellectual property rights
Our clients are entitled to use the material prepared by us to the extent required by the specific case. However, we retain ownership of the intellectual property rights attaching to such material. Our clients must not make such material available to others without our prior written consent.
Accura’s name and logo belong to Accura and must not be used for marketing or otherwise without our prior written consent.
We are subject to the Danish Anti-Money Laundering Act (hvidvaskloven), and we are, therefore, required to establish and regularly update our KYC procedure with respect to our clients. Our KYC procedure includes three main elements:
(a) We obtain identification details about our client.
(b) We obtain information about our business clients’ ownership and control structures and identify the beneficial owners.
(c) We check our physical clients’ and the beneficial owners’ identities.
We keep confidential any information disclosed to us in the course of the provision of our legal services.
We have established procedures for identifying any conflicts of interests on receipt of the case and for how to deal with any conflicts of interests.
When we provide legal services to clients listed on a regulated market, we comply with the rules on inside information and the set of rules applicable to trading in listed securities.
8 Liability, limitation of liability and insurance
Accura is liable under the general rules of Danish law for the consequences of any errors made by our partners or employees.
The amount of our liability for the consequences of one loss cannot exceed DKK 50m and a client’s total claim cannot exceed DKK 100m within the same or the following calendar year.
We are not liable for any operating loss or loss of time, data, profits, earnings capacity or goodwill. Further, we are not liable for other types of indirect loss or loss resulting from the failing of an account-holding bank.
Accura only advises on Danish law. If the client needs advice on foreign law, the client must retain local counsel.
We are not liable for Danish or foreign advisors whose assistance we have requested following agreement with the client or who the client has retained according to our instructions.
We have taken out liability insurance cover with a reputable insurance company for our legal services, subject however to the limitations of liability set out in this clause 8.
9 Complaints, governing law and disputes
Our clients may file complaints about our conduct or our fees with the Disciplinary Board of the Danish Bar and Law Society. The Disciplinary Board’s office address is Kronprinsessegade 28, DK-1306 Copenhagen K, and its website is www.advokatsamfundet.dk/advokatnaevnet.
Any dispute between our clients and us will be decided in accordance with Danish law. However, the conflict of laws rules must be disregarded.
Any dispute with business clients arising out of Accura’s legal services or the contents of the agreement, including any dispute concerning the existence or validity of the agreement, will be decided by arbitration by the Danish Institute of Arbitration. The Danish Institute of Arbitration must apply the rules in force when the application for arbitration is submitted. The arbitral proceedings will take place in Copenhagen, and the language of the proceedings will be Danish.
If the dispute is with a private client, the dispute will be decided by arbitration by the Danish courts.