ROSHOLMDELL LAW FIRM’S GENERAL TERMS AND CONDITIONS (2019:1)
These general terms and conditions apply to all services provided by RosholmDell Advokatbyrå AB (“RosholmDell” or “we””) on behalf of its customers (the “Customer” and the “Assignment”). Alongside these general terms and conditions, the code of conduct for members of the Swedish Bar Association (the “Code of conduct”) as well as any other rules regarding advocacy prescribed by law or regulations shall apply to the Assignment.
2. THE SCOPE OF THE ASSIGNMENT
At the beginning of the Assignment RosholmDell and the Customer will agree upon the scope of the Assignment and which persons at RosholmDell that will perform the work which is covered by the Assignment. The scope of the Assignment may change thereafter. RosholmDell works in teams and RosholmDell independently assembles the team for each individual Assignment to ensure the right expertise and resources are used according to what is necessary and required by the Assignment.
Our services and work products are supplied and created exclusively based on the circumstances, facts and instructions presented to us in the individual Assignment. We are therefore entitled to assume that these circumstances, facts and instructions are complete and correct.
Our legal advice and the product provided by us is not intended for any other purposes than the purposes for which it is provided and is not intended to be applied in other cases. We therefore have no responsibility for the consequences that may follow from our services and products being applied in other cases or in contexts for which they are not intended. No one other than the Customer is entitled to rely on or make conclusions based on our products. RosholmDell’s published content in social media, newsletters and other mailings addressed to the public do not constitute legal advice.
The Assignment only covers the elements agreed upon in writing. RosholmDell’s Assignments only covers legal relationships in Sweden and do never include advice regarding tax legislation or tax-related considerations. Through our network we are happy to assist the Customer in instructing other qualified lawyers from other jurisdiction or in the tax law area, but advice from such lawyers does not constitute legal advice from RosholmDell and is therefore outside the scope of the Assignment.
3. IDENTIFICATION AND PERSONAL DATA
According to mandatory law and the Code of conduct, we are in connection with certain Assignments obliged to make assessments regarding our Customers’ identity and owners as well as the nature and purpose of the Assignment before assuming our work under such Assignments. We may therefore ask the Customer to provide us with inter alia identity documents regarding the Customer and its representatives involved in the Assignment and documentation indicating the origin of funds and other assets. We are also obliged to verify the information provided to us and for this purpose we may obtain information from external sources. We will retain and process any and all information and documentation obtained by us in connection with these assessments only to the extent required by law.
When assuming an Assignment we will in accordance with the Code of conduct evaluate possible conflicts of interest in relation to other customers. We will therefore ask for the information that we deem relevant in order to determine whether an actual or potential conflict of interest exists.
We are required by law to report suspicions of money laundering or financing of terrorism to the Financial Police. We are also prevented by law from informing you that such suspicions exist or that a notification has been made or could be made to the Financial Police. In case of suspicions of money laundering or financing of terrorism we are obliged to refuse or resign from the Assignment.
RosholmDell is encompassed by the Swedish Bar Association’s rules regarding confidentiality. This means that what has been disclosed to us within the framework of the legal practice is encompassed by our duty of confidentiality. Data, information and material that we become aware of or take part of in connection with an Assignment will hence be treated as confidential. All employees at RosholmDell are subject to the aforementioned confidentiality. If we in connection with an Assignment hire external expertise, we will ensure that all such cooperation partners are covered by corresponding confidentiality obligations in relation to the Assignment as well as any information disclosed to them in connection with their performance of the Assignment.
RosholmDell communicates with the Customer through internet and e-mail and we ensure that we have all the necessary security systems. However, these communication methods contain risks which RosholmDell do not take responsibility for. Since we use security devices, important e-mails may end up in for example spam filters or be blocked by firewalls. The Customer should therefore follow up important e-mail correspondence by telephone.
During the time that an Assignment is in progress we will store the documents and work products that we, the Customer or any third party develops in connection with the Assignment. The storage is made in electronic and physical paper form, available to the employees at RosholmDell. Documents and work products may be stored in the cloud service used by RosholmDell at any time. After the completion of an Assignment the relevant documents and work products generated under the Assignment will be filed in electronic or physical paper form during such time that we deem appropriate for each Assignment, however under no circumstances for a period of time shorter than that required by the Code of conduct or legislation.
6. INTELLECTUAL PROPERTY RIGHTS
We reserve our ownership of any and all intellectual property rights to the work products generated by us under the Assignment. The Customer is however entitled to use the said results for the purposes for which they were provided. Unless otherwise expressly agreed, the results and other material generated by us shall under no circumstances be disseminated to the public, put up for sale or be used for marketing purposes.
7. FEES AND EXPENSES
The fee shall be agreed upon before the commencement of the Assignment. Otherwise our current standard fees per lawyer and hour shall apply. At the request of the Customer, RosholmDell can provide the Customer with an estimate of the fee for an Assignment. If the scope of an Assignment changes or new facts emerge, deviations from such estimate may occur. VAT will be added as far as RosholmDell is obliged to charge the same. Accrued necessary costs and expenses in connection with the performance of the Assignment shall be reimbursed by the Customer.
8. INVOICING AND PAYMENT
Unless otherwise agreed, accrued fees and expenses will be invoiced on a monthly basis. Invoices are due within 30 days from the date of invoice. In case of late payment we will charge interest with a rate of 15 per cent per year.
9. LIMITATION OF LIABILITY
We are only liable for damage caused to the Customer due to negligence on our part during the performance of the Assignment and limited to an amount corresponding to five times the fee for the Assignment. Furthermore we are only responsible for the damage actually suffered by the Customer. The amount of our liability shall therefore be reduced by any amounts that may be obtained from any insurance or third party. Our liability does not cover decrease or loss of turnover or profit or other indirect or consequential damage. We are only liable towards the Customer and we are hence not liable for any damage suffered by third party.
RosholmDell’s employees are not personally liable for damage incurred by the Customer. Claims against RosholmDell become
statute-barred three years from the occurrence that gave rise to the claim, unless legal proceedings are initiated within the said time frame.
If for any reason the Customer should be dissatisfied with our services or otherwise make complaints or claims, we ask the Customer to contact the CEO of RosholmDell. The CEO, together with the lawyer responsible for the Assignment will investigate the complaint and answer any questions the Customer has. In the event of a claim against RosholmDell, written report must be sent to the CEO describing the alleged neglect or error and the expected damage.
11. ASSUMPTION AND TERMINATION OF ASSIGNMENTS
The Customer is entitled to terminate the cooperation with RosholmDell at any time by sending RosholmDell a written request to resign from the Assignment. The Customer is however obliged to pay for the work performed and for the disbursements made by us on the Customer’s behalf up until the termination of the Assignment.
We have no obligation to assume an Assignment and we reserve our right to decline an Assignment presented to us without stating our reasons therefore.
The Code of conduct sets forth the conditions according to which RosholmDell is entitled to or obliged to resign from an Assignment. Upon RosholmDell’s resignation from an Assignment the Customer is required to make payment for the work performed and for the disbursements made by us on the Customer’s behalf up until the termination of the Assignment.
12. GOVERNING LAW AND DISPUTE RESOLUTION
Swedish law shall apply to the Assignment. Any dispute, controversy or claim arising out of or in connection with the Assignment shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The place of arbitration shall be Växjö, Sweden.
The Parties undertake, without limitation in time, not to reveal the existence or content of negotiations, arbitral proceedings or mediations due to the Assignment. The aforementioned shall however not apply if the right or obligation to reveal information follows from mandatory law, decision by a public authority or the Code of conduct. Nor does it apply in case of civil protest or other judicial proceedings relating to the dispute.