Business terms
The business terms apply to all assignments that GR performs for the client unless otherwise agreed.
The assignment
Gangsted-Rasmussen's assignments include legal advice and are limited in cooperation with the client.
Instructions
Gangsted-Rasmussen offers advice in accordance with the client's instructions. However, Gangsted-Rasmussen would be provisionally entitled to refuse to comply with an instruction if this were to infringe the legislation or other rules, e.g. those on "good Attorney-at-Law practice".
Conflicts
Before starting an assignment, Gangsted-Rasmussen investigates whether there is any conflict of interests that may mean that Gangsted-Rasmussen is precluded from representing the client.
Credit information
Gangsted-Rasmussen is entitled to examine the client's creditworthiness. This takes place by obtaining information from credit reference agencies or credit ratings, among others.
Confidentiality
Gangsted-Rasmussen is subject to the duty of confidentiality in relation to the information received by Gangsted-Rasmussen. This duty of confidentiality continues to apply after the assignment has been concluded.
The duty of confidentiality is subject to rules that impose the duty of information on Gangsted-Rasmussen in relation to public authorities or other parties, including "laundering rules".
Fees
On the basis of the scope and type of the concrete advice, Gangsted-Rasmussen sets its fee against the background of the case's economic and fundamental significance to the client, the responsibility that is linked with the case, the complexity of the case, the time used, the level of specialist knowledge and the result achieved. Gangsted-Rasmussen would like to draw your attention to the fact that lawsuit fees will normally exceed the legal expenses awarded by the court when a case is won.
As a starting point, Gangsted-Rasmussen settles on account at the end of each month and final settlement is in conjunction with the end of the case. Payment terms are 8 days, whereupon penalty interest may be calculated in accordance with the regulations of the Interest Act.
The duration of the assignment
Both the client and Gangsted-Rasmussen may cancel the cooperation at any time. If Gangsted-Rasmussen cancels the cooperation, this will take place subject to the rules on Attorney-at-Law ethics, which prescribe "that an Attorney-at-Law must not withdraw from a case in such a way and under such circumstances that the client is prevented from applying for other legal assistance at the right time and without suffering damage".
Limitation of liability
Gangsted-Rasmussen is liable for compensation in accordance with the general rules of Danish Law for any loss to which the advice may lead for the client, with the following limitations.
Gangsted-Rasmussen's liability does not cover liability for operating losses, loss of time, loss of profit, goodwill or similar indirect losses. The following limitations also apply to Gangsted-Rasmussen's liability:
1. Gangsted-Rasmussen's liability for advice in connection with the assignment cannot exceed DKK 40 million.
2. The client can make a claim only against Gangsted-Rasmussen and therefore not against the individual partner or other legal employees.
As a group of Danish Attorneys-at-Law, Gangsted-Rasmussen offers advice only on Danish legal matters. If the assignment involves foreign legislation, Gangsted-Rasmussen recommends that the client engage local Attorneys-at-Law. Gangsted-Rasmussen's involvement in such parts of the assignment shall not be considered to constitute advice on foreign legal matters.
Gangsted-Rasmussen is not liable for advice offered by the client's other advisers, including irrespective of whether such advisers are engaged with Gangsted-Rasmussen's assistance.
Archiving
Files will be archived for five years, counted from the end of the assignment, whereupon they will be destroyed.
Marketing
In its marketing, Gangsted-Rasmussen may refer to the fact that Gangsted-Rasmussen has acted as an Attorney-at-Law for the client in relation to the assignment when it has been concluded and is known to the public.
Applicable law and complaints
In the event of dissatisfaction with Gangsted-Rasmussen's advice or handling of the case in general, the client may contact either the Attorney-at-Law responsible or the chairperson of Gangsted-Rasmussen's board at any time.
Gangsted-Rasmussen is subject to the rules on ethics for Attorneys-at-Law that are issued by the Danish Bar and Law Society. The client may bring complaints about the advice and the calculated fee before the Bar Council/Disciplinary Board of the Danish Bar and Law Society. The rules on Ethics for Attorneys-at-Law can be found at www.advokatsamfundet.dk
The client information requirements according to point 3.3 of the rules on ethics for Attorneys-at-Law are shown on Gangsted-Rasmussen's website.
Any disputes concerning Gangsted-Rasmussen's advice are subject to Danish Law and the exclusive competence of the Danish courts.
