Terms and Conditions
These Terms and Conditions apply to the legal advice and services provided by HjulmandKaptain Advokatpartnerselskab (hereinafter “HjulmandKaptain”) to its clients, unless otherwise agreed.
1. Company name
1.1 The company name is HjulmandKaptain Advokatpartnerselskab.
1.2 The company’s CVR number (Danish company registration number) is 32337120.
1.3 The company is established with HjulmandKaptain Advokatkomplementaraktieselskab, CVR No. 35142177, as general partner.
2. Company addresses
2.1 The company is established at Østre Havnegade 12, 9000 Aalborg, Denmark.
2.2 The company has offices at the following addresses:
Frederikshavnvej 215, 9800 Hjørring
Havnepladsen 7, 9000 Frederikshavn
Nørrebrogade 34–36, 8000 Aarhus C
3. Company contact details
3.1 The company may be contacted as follows:
Telephone: +45 70 15 10 00 Email: mail@70151000.dk
4. Communication
4.1 We communicate by email and telephone unless otherwise agreed. Our email com-munication is encrypted if the client’s email is encrypted; otherwise, it is not. We are not liable for any loss or damage resulting from the means of communication used.
5. Advisory process, fees
5.1 At the beginning of the engagement, we provide a confirmation outlining the frame-work of the cooperation, including the task to be performed and the designated contact person for the matter.
5.2 Where possible, the confirmation will include an estimate of the expected fee for the assignment.
5.3 Fees are calculated on the basis of several factors, including the time spent, the value of the matter, the experience of the employees involved, the extent to which specialist expertise has been required, the result achieved and the responsibility associated with the assignment. We examine whether the fee may be covered by other means, including legal expenses insurance.
5.4 Fees are generally invoiced quarterly and upon completion of the matter.
5.5 In addition to the fee, reimbursement is charged for disbursements and other expens-es incurred in connection with the assignment.
5.6 Depending on the nature of the matter, we may require a deposit at the beginning of the engagement.
5.7 As a rule, at least two lawyers are assigned to each business client. They are responsi-ble to the client and handle or coordinate all matters for the client. This ensures that one of the lawyers will usually be available and that they are familiar with the client’s specific wishes and needs.
5.8 All lawyers at HjulmandKaptain possess broad knowledge and experience forming the basis for general legal advice. Individual lawyers are specialised within one or more legal areas. Some of our lawyers also teach at universities and other educational institutions, and several are appointed as public trustees in bankruptcy, publicly funded counsel, and board members of commercial enterprises and foundations, as well as holding positions of trust within the Danish Bar and Law Society.
6. Conflicts of interest
6.1 We do not accept assignments that involve conflicts of interest in relation to our cli-ents. In the event of a potential conflict of interest, we will inform the client and, if re-quested, refer the matter to another lawyer.
7. Client funds
7.1 Client funds are managed and accrue interest in accordance with the rules of the Dan-ish Bar and Law Society and are deposited in client accounts. Under applicable law, we are required to disclose clients’ identity information to financial institutions.
7.2 We use the following financial institutions for client accounts: Spar Nord, Nordjyske Bank, Danske Bank, Sydbank, Sparekassen Danmark, Nordea Bank, Jyske Bank and Nykredit.
7.2.1 Coverage is generally limited to EUR 100,000 per depositor. However, as fur-ther specified by law, the following deposits are covered:
7.2.2 Deposits serving a social purpose: EUR 150,000 per depositor.
7.2.3 Deposits relating to damage caused by criminal acts or wrongful conviction: EUR 150,000.
7.2.4 Deposits in connection with transactions involving residential real estate (non-commercial use): up to EUR 10 million.
8. Confidentiality
8.1 All our employees are subject to a duty of confidentiality, including compliance with prohibitions against disclosure of inside information relating to listed companies and re-strictions on trading in listed securities.
9. Storage of documents
9.1 Documents relating to cases are stored electronically and will be retained in accord-ance with the rules applicable at any time regarding the processing of personal data.
10. Intellectual property rights
10.1 The client is granted the right to use the material delivered by us. HjulmandKaptain retains copyright and all other intellectual property rights to the material.
11. Marketing
11.1 When we have acted as legal adviser on an assignment and the assignment has been completed and become publicly known, we are entitled to use it as a reference for mar-keting purposes. We will, however, always inform our clients in advance.
12. Liability, insurance
12.1 Our liability for any single assignment is limited to DKK 10 million unless otherwise agreed. If an increased liability cap is agreed, we will recommend separate insurance cov-erage for the assignment and are happy to obtain an insurance quote.
12.2 We are not liable for consequential losses or indirect losses of any kind.
12.3 We are not liable for losses resulting from the use of material prepared by us for any purpose other than that agreed at the commencement of the assignment.
12.4 If it is agreed that part of the assignment is to be performed by other advisers, we are not liable for any errors committed by them.
12.5 Our lawyers are licensed by the Danish Ministry of Justice and are members of the Danish Bar and Law Society.
12.6 Our lawyers have taken out professional indemnity insurance and provided the re-quired guarantees in accordance with the rules laid down by the Danish Bar and Law Soci-ety. The insurance covers all legal practice carried out by our lawyers, regardless of where the legal services are performed. Insurance and guarantees are provided by Codan Insur-ance, Gammel Kongevej 60, 1790 Copenhagen V, Denmark.
13. Complaints, supervision
13.1 We are subject to the rules on proper conduct for lawyers set out in the Danish Ad-ministration of Justice Act.
13.2 We will seek to resolve any disputes regarding our services through negotiation.
13.3 Complaints may be submitted to our complaints partner at klage@70151000.dk. If no agreement is reached, a complaint may be submitted to the Disciplinary Board of the Danish Bar and Law Society (Advokatnævnet). Further information on how to file a complaint is available on the Advokatnævnet website. Complaints may concern a lawyer’s conduct or fees.
14. Governing law, jurisdiction
14.1 Our legal advice and these Terms and Conditions are governed by Danish law.
14.2 The agreed venue is the District Court of Aalborg.
15. VAT
15.1 The fee charged for an assignment is subject to VAT in accordance with applicable legislation. If the client, in its home country, is required to withhold tax on the fee, the fee shall be increased by an amount ensuring that, after deduction of withholding tax, we re-ceive the originally invoiced amount before withholding tax.
Our VAT number is DK32337120.
16. Anti-money laundering
16.1 For certain types of matters, we are subject to the Danish Anti-Money Laundering Act and the obligations imposed thereunder. This includes, among other things, an obligation to carry out customer due diligence procedures (KYC) and identity verification. Identifica-tion of Danish clients is primarily carried out through MitID (the Danish electronic ID sys-tem).
17. Data protection
17.1 Where it is necessary to establish a client account in connection with a matter, we are required to disclose the client’s identity information to the financial institution where the account is established. This follows from our obligations relating to pooled client accounts.
17.2 Identity information collected pursuant to the Danish Anti-Money Laundering Act is used solely for the purpose of preventing money laundering and terrorist financing and is not used for commercial purposes.
17.3 We process a range of information relating to the client in connection with the han-dling of matters. Reference is made to our Privacy Policy and the GDPR information pro-vided to the client upon case initiation.
18. Disbursemenst
18.1 Expenses incurred as disbursements in connection with a matter will be invoiced in addition to the fee for the services performed.
19. Insider rules
19.1 All employees are subject to rules prohibiting the disclosure of inside information re-lating to listed companies, in accordance with applicable legislation.