Terms and Conditions of Business Hejm Vilsgaard Advokater

Application

These terms and conditions of business apply to all tasks and services performed by Hejm Vilsgaard Advokater, unless otherwise agreed in writing.

We draw particular attention to the fact that our liability is limited to our individual insurance coverage, cf. further details below.

 

Receipt and confirmation of the task

In case of business-related tasks, we may, upon request or on our own initiative, forward a written task confirmation containing further details on the expected scope of the work, fee calculation, schedule, etc.

In case of consumer-related tasks, a written task confirmation is always provided.

 

Conflicts of interest

Once the task has been received and the scope of the task has been clarified, we ensure that there is no conflict of interest, in accordance with the rules of the Danish Bar and Law Society and our internal procedures for conflict of interest.

If a conflict of interest should arise during the course of the proceedings, resulting in our abandoning the case, we would be pleased to assist in referring the client to another lawyer.

 

Identity information and money laundering

Law firms are subject to the Danish Money Laundering Act. As a result, we are under an obligation to collect identity information in certain cases from both new and existing clients who have not previously provided identity information. See our privacy and protection of personal data policy.

 

Fee

When performing a task, Hejm Vilsgaard Advokater attempts to do so for a fee that is proportionate to the value of the case and our efforts. Moreover, a number of other parameters are included in the calculation of the fee, such as the time spent on the task, the pressure of time during which the task is performed, the degree of applied specialist knowledge and experience, the size of the values involved, the importance of the task to the client, the achieved result and the responsibilities associated with the task.

Disbursements and taxes are charged separately.

If an estimate has been made, we will inform the client as soon as possible if it appears that the total fee is expected to exceed the estimate significantly.

 

Invoicing

We usually issue an invoice when the task has been completed. Long-term tasks are settled on account at shorter or longer intervals, unless otherwise agreed.

The terms of payment are 7 calendar days from the date of invoice, and VAT is added according to the applicable rules. In the event of late payment, we shall charge interest in accordance with the rules of the Danish Interest on Overdue Payments Act.

 

Prepayment

If we receive prepayment of fees, disbursements or costs, such amounts will be credited to our client account. These amounts, including any accrued interest to the customer, are used to offset future invoices or costs, unless otherwise agreed. The client pays interest charged to a separate client account as a result of a negative interest rate, as well as any fees charged by the account-holding financial institution in connection with the creation, maintenance or termination of a separate client account.

Generally, new customers and customers who do not have a place of business in Denmark are demanded to make a prepayment.

 

Disbursements

In addition to the fee, the client pays the other costs and disbursements that we have incurred as part of the performance of the task, including e.g. charges, travelling and subsistence expenses, and certain copying and shipping costs. Whether we pay the amount for the client or whether we ask for a prepayment of the amount depends on the size of the amount.

 

Confidentiality

Everyone at Hejm Vilsgaard Advokater is bound by professional secrecy. Any information we receive in connection with a task is treated as confidential, unless it is clear from the circumstances that it is not of a confidential nature. The obligation to observe professional secrecy is not subject to any time limit.

 

Insider trading

Everyone at Hejm Vilsgaard Advokater is subject to the applicable legislation prohibiting disclosure of inside information on listed companies and restrictions on trade in listed securities.

 

Security

Hejm Vilsgaard Advokater has a security system to protect against unauthorised access to client information, documents, securities, etc. In addition to physical security, the security system also includes security against intrusion into the IT systems of the law firm.

 

Counselling

Our counselling is tailored to the specific purpose and must therefore not be used for any other purposes without our express prior acceptance. Unless otherwise agreed, we are solely responsible to the client for the counselling provided.

  

Client account

The Danish Act on the Guarantee for Depositors in connection with the Bankruptcy of Financial Institutions means that the same rules now apply to the money you/your company have in the bank through a lawyer’s client bank account as to the money you deposit in the bank. If you/your company have money both in your own accounts and in the lawyer’s client bank account at the same bank, you can only recover a total of €100,000 through the guarantee scheme.

 

The coverage limit applies to the total deposit in the bank, even if the money is in different accounts, including in both client bank accounts and own accounts.

However, the coverage limit is higher in connection with real estate transactions, where the guarantee covers up to €10 million.

The rules are relevant to the client because, in dealing with the client’s case, we may have significant funds in the client bank account during certain periods of time.

Funds entrusted to the lawyers at Hejm Advokater P/S (Elsebeth Hjortshøj Rasmussen, Helle Hougård Porsfelt, Mikkel Thykjær Jørgensen and Jacob Georg Naur) are placed in a separate client account in Sparekassen Kronjylland:

Client account number: 6181 – 0010221153

IBAN: DK2361810010221153

BIC: KRONDK22

Funds entrusted to the lawyers at Vilsgaard Advokater Advokatanpartsselskab (Bo Vilsgaard and Hans Henrik Bondegaard) are placed in a separate client account in Nykredit:

Client account number 8117-4360294

IBAN: DK8981170004360294

SWIFT code: NYKBDKKK

Hejm Vilsgaard Advokater does not cover loss of client funds due to insolvency proceedings of the banks and financial institutions used.

 

Completion of the task

As a dominant main rule, we carry out the task to its natural end or until the client asks us to end it.

However, we reserve the right to terminate our assistance as soon as possible if the credit period on our invoice is exceeded significantly, or if the client is insolvent.

We reserve the right to withdraw from a case if, in special cases, we believe that we are no longer able to assume the responsibility for the proceedings, or if we believe that it is in the client’s interest that we cease to provide assistance. In such instances, the client will be notified immediately.

Original documents are usually surrendered at the end of the task at the latest, if so requested, and we will file the case for at least 5 years from the invoice date.

 

Complaints

If our assistance or fees do not meet the client’s expectations, we encourage the client to contact the lawyer and thus the law firm in the shared office facilities with which the client has concluded the agreement for legal assistance.

The lawyers at Hejm Vilsgaard Advokater are subject to the supervisory and disciplinary system of the Danish Bar and Law Society and to the rules of good practice, cf. Section 126 of the Danish Administration of Justice Act. In addition, the Code of Conduct of the Danish Bar and Law Society applies. The rules that apply particularly to the practice of the law profession can be found on the Danish Bar and Law Society’s website: www.advokatsamfundet.dk.

If no agreement is reached regarding a dispute on fees charged by Hejm Vilsgaard Advokater, or if the client is dissatisfied with the conduct of one of the lawyers of Hejm Vilsgaard Advokater, the client can complain about the fee amount and/or the conduct to the Disciplinary Board, Kronprinsessegade 28, DK­1306 Copenhagen K. See also the Disciplinary Board’s website via the Danish Bar and Law Society’s website: https://www.advokatsamfundet.dk/.

 

Liability

Hejm Vilsgaard Advokater is a business partnership with shared office facilities consisting of the independent law firms Vilsgaard Advokater Advokatanpartsselskab and Hejm Advokater P/S. These law firms are thus not liable for each other’s counselling.

Each of the law firms, which jointly form Hejm Vilsgaard Advokater, is responsible for their assistance to the clients in accordance with the general rules of Danish law, and both carry a liability insurance with a recognised company.

The client always accepts that liability can only be directed against either Vilsgaard Advokater Advokatanpartsselskab or Hejm Advokater P/S and/or its general partners but none of their employees or partners in person.

Liability is limited to the coverage that can be obtained within the coverage limit of the insurance. The coverage limit is DKK 10 million per lawyer per year, and the total amount of damages to a client for a damage/injury may not exceed this amount with deduction of any already used insurance coverage.

Please note that any other claims may thus reduce the coverage that can be achieved.

 

When starting up a new case, the client is encouraged to consider whether there is a need/wish for a higher insurance coverage and immediately inform us thereof. If this is the case, additional coverage will be taken out for the specific case. The costs in respect thereof are paid by the client.

 

In no event does the liability include consequential financial loss, including operating loss, loss of data, loss of profit, goodwill, image, etc. or other forms of indirect loss.

We are not liable for any errors made by other advisors to whom we have referred the client, and we are not liable for any errors made by subcontractors to whom we have left parts of the performance of the task in agreement with the client.

 

Insurance and guarantee – Vilsgaard Advokater

Vilsgaard Advokater has taken out a professional guarantee and legal liability insurance with HDI DANMARK, Indiakaj 6, DK­2100 Copenhagen Ø in accordance with the rules laid down by the Danish Bar and Law Society. The liability insurance covers all of Vilsgaard Advokater’s law practice, regardless of where the law practice is exercised.

 

Insurance and guarantee – Hejm Advokater

Hejm Advokater has taken out insurance for professional liability as well as statutory guarantee insurance with HDI DANMARK, Indiakaj 6, DK-2100 Copenhagen Ø in accordance with the rules laid down by the Danish Bar and Law Society. The liability insurance covers all of Hejm Advokater’s law practice, regardless of where the law practice is exercised.

 

Company information – Hejm Vilsgaard Advokater

Hejm Vilsgaard Advokater is a business partnership with shared office facilities consisting of independent law firms (Vilsgaard Advokater Advokatanpartsselskab and Hejm Advokater P/S).

Hejm Advokater P/S, Business Registration Number (CVR no.) 36944463.

Vilsgaard Advokater Advokatanpartsselskab, Business Registration Number (CVR no.) 31501083.

 

Processing of personal data

Please refer to our privacy and protection of personal data policy and our cookie policy for further information. We draw particular attention to the fact that we exchange personal data and confidential information internally between the participants in Hejm Vilsgaard Advokater.

 

Applicable law and jurisdiction

Any dispute between a client and Hejm Vilsgaard Advokater must be solved in accordance with Danish law before the competent Danish court.