Terms & Conditions
1. Application and Interpretation
1.1 These terms and conditions apply to all services provided by Daar Advokatbyrå AB (”DAAB”) to a client (the ”Client”) unless otherwise expressly agreed separately in writing.
1.2 The Swedish Bar Association’s Code of Professional Conduct is also applicable to the services provided, which DAAB and its lawyers are required to comply with.
2. Client identification procedures
2.1 DAAB is legally obligated to obtain information about client identity and ownership and control structure prior to DAAB accepting an assignment. In order to do so, we are also obliged to verify the accuracy of the data from the client and, therefore, DAAB may request documentation to substantiate the information and obtain information from various external sources such as public registers or private registers.
2.2 DAAB has a duty of notification if there is a suspicion of money laundering and terrorist financing to the finance police and at the same time is prevented from notifying the person or corporate body to whom the suspicion relates. Should such suspicions arise, DAAB is obliged to decline or withdraw from the assignment.
2.3 DAAB cannot be held liable for damage to the Client, directly or indirectly, as a result of DAAB having taken the measures mentioned in paragraph 2.2 above.
3.1 Attorney-at law Magnus Daar is responsible for the assignment and to appoint legal professionals, subcontractors and other staff that he considers appropriate for the assignment to be carried out effectively.
3.2 The Client is only entitled to rely on DAAB’s advice in the individual assignment, i.e. The client cannot rely on DAAB’s advice in an assignement other than the individual assignment and the purpose for which DAAB’s advice is given. DAAB’s advice does not cover tax consequences.
3.3 DAAB does not provide tax advice, financial advice, accounting advice or advice on business reasonableness in decisions, investments or transactions. Thus, DAAB has no responsibility for the fiscal, financial, accounting or business implications of the decisions, investments or transactions that the Client makes.
3.4 DAAB does not provide legal advice in other jurisdictions that are not the Swedish. DAAB may, however, obtain advice from lawyers in other jurisdictions, in agreement with the Client.
3.5 DAAB’s advice relates only to the legal situation at the time the advice is given. DAAB has no obligation to update any advice provided in subsequent legal changes.
4. Data protection
4.1 Personal data relating to the Client and/or to the Client’s employees, which DAAB receives from the Client or Client’s employees, consisting of name, address, telephone number, e-mail address and other similar information, are processed in accordance with applicable law and DAAB:s integrity policy. DAAB processes personal data in order to be able to administrate the business, fulfill commitments and communicate with the Client and perform obligations under the law or other regulations. Furthermore, the personal data can be used for market analysis, statistics and for evaluating and providing information on DAAB’s services. Personal data may also be processed for marketing purposes and for the purpose of obtaining the views of Client or Client employees on DAAB’s services.
4.2 DAAB does not provide or sell personal data to third parties except where third parties perform services for DAAB such as IT,
credit information and collection services, as well as transport services. These recipients are only entitled to treat the Client’s or Client’s employees’ personal data on behalf of DAAB in connection with the recipients of personal data performing a service for DAAB. However, these suppliers and partners may never disseminate or transfer the personal data to any other party. DAAB has the right to disclose personal information to an authority or to a third party if the Client has breached any agreement including these Terms and conditions or if the authority so requests is supported by law or government decisions.
4.3 DAAB shall take such technical and organisational measures as are necessary to protect the personal data processed from unauthorized access, destruction or alteration. Personal data will be stored for the time necessary for DAAB to fulfil its obligations against or carry out the assignment to the Client and for a reasonable time thereafter.
4.4 The Client and Client’s employees have the right to request that incorrect personal data is corrected, blocked or destroyed. Furthermore, the Client and the Client’s employees have the right to request DAAB to provide information on the processing of personal data, to limit the processing of personal data, to obtain a copy of the personal data being processed and to raise objections to processing of personal data. In the event that the Client wishes DAAB to delete or replace personal data relating to the Client or an employee of the Client, the Client shall request so in writing.
4.5 The Client hereby acknowledges that personal data relating to the Client and/or to the Client’s employees will be registered and processed by DAAB in accordance with the terms of this section 4. In the event that the Client leaves the Client employee’s personal data to DAAB, the Client guarantees that it has the right to disclose such personal data relating to the Client’s employees to DAAB.
4.6 If the Client treats DAAB’s employees’ personal data, the Client’s processing of suc should follow the same requirements as is subject to DAAB’s processing under this section 4.
5.Intellectual Property Rights
All intellectual property rights to the work results that DAAB provides to the Client belong to DAAB. However, the Client has the right to use the results for such purpose as the work result has been developed. The Client may not disseminate or publish documents or other work results produced by DAAB for any purpose other than the agreed intended purpose.
DAAB uses electronic tools for communication, such as e-mail, SMS or telephone, but also virtual data room services or other cloud- based document exchange services. This type of communication services can result in security and integrit risks, or electronic safety devices such as firewalls may filter out legitimate e-mail messages It is the Client’s responsibility to notify DAAB if the Client does not want DAAB to communicate with the Client and others involved in an assignment with such means. DAAB may upon the Client’s request and at the Client’s cost use encrypted e-mail communication.
7.1 DAAB’s personnel are bound by the confidentiality regulations of the laws and Swedish Bar Association’s Code of Professional Conduct. In some cases, DAAB is obliged to disclose confidential information. This is permitted under the Code of Professional Conduct or with Client’s consent or in case of a dispute between DAAB and the Client. DAAB reserves the right to disclose such information to our insurers in connection with such dispute.
7.2 Clients registered for VAT purposes in EU-countries other than Sweden agree that DAAB reports such Client’s VAT number in periodic compilation to the tax authorities.
TERMS & CONDITIONS DAAR ADVOKATBYRÅ
7.3 If DAAB engages other advisers and professionals on behlaf of the Client, DAAB has the right to presume that information provided by the Client to DAAB may be extradited to such advisers in the absence of express instruction by the Client to DAAB of the contrary. This includes information about the Client.
7.4 DAAB has the right to provide, in its marketing, information about its participation in a case or transaction and other already publicly known information when a case has become generally known or with the Client’s express consent if a case has not been widely known.
8. Fees and expenses
8.1 DAAB charges fees in accordance with the Swedish Bar Association’s Code of Professional Conduct. A number of factors determine the fees, the amount of time spent, severity, time pressure, complexity, level of difficulty, results achieved, the values assigned to the assignment, risks of DAAB and the expertise, skill, experience and resources required for the specific assignment.
8.2 DAAB may, in some cases, give an estimate of the amount of the fee. Such estimation is based on the information available about the assignment. DAAB may also, at the request of the Client, continuously inform about earned fees.
8.3 DAAB is entitled to charge the Client for costs such as registration fees, database search fees, travel expenses, translations and compensation to other advisers and professionals.
8.4 In addition to fees and costs, VAT is payable in cases where DAAB is obliged to charge such.
9. Invoicing and payment
9.1 DAAB applies as a rule monthly invoicing unless otherwise agreed.
9.2 The invoices can be on-account invoices or final invoices. In those cases where it is on-account invoices, the final invoice shall include the total fee for the assignment or part of the assignment less the fee invoiced on-account.
9.3 DAAB reserves the right in some cases to request a retainer on fees and expenses. Future invoices are then regulated against the retainer. Where such retainer is accrued, DAAB has the right to request new retainer.
9.4 DAAB’s invoices indicate the due date for payment. Payment terms are always 10 days if there is no separate agreement on other payment terms. In case of non-payment by the due date, DAAB will charge a reminder fee of SEK 60 at the reminder of late payment. DAAB is also entitled to charge interest on late payments according to Swedish Act on Interest and compensation for any collection costs.
9.5 DAAB are in some cases required by law to provide the tax authority with information on the VAT registration number of the Client and the value of the services that DAAB has performed. By engaging DAAB, you are deemed to have consented to DAAB providing such information to the tax authorities.
9.6 If the assignment is financed by legal protection insurance, the Client is liable to pay for fees and expenses not covered by such insurance. Even if the assignment is financed by legal insurance, the Client is obliged to pay invoices until its legal protection funds are paid by the insurance company.
9.7 In court proceedings and arbitration proceedings, the losing party may be required to pay the winning party’s costs (including attorneys’ fees). Sometimes, however, the winning party’s total costs are not awarded or paid. Regardless of whether the Client is a winning or losing party, the Client is liable to pay for all services DAAB has
performed and for the costs DAAB have incurred in connection with the assignment..
10. Other advisers and professionals
10.1 In the event that DAAB engages other advisers or professionals, they shall be considered independent in relation to DAAB. DAAB is therefore not responsible for any advice or services that other advisers or professionals provide or perform regardless of whether such advisor or professional is reporting to DAAB or to the Client.
10.2 DAAB is not responsible for fees and expenses incurred by other advisers or professionals.
10.3 If several advisers and/or professionals in addition to DAAB can be held liable for damage suffered by the Client, DAAB’s liability for such damage shall be limited to a maximum of the amount of DAAB’s fee’s part of the total sum of the fees paid to all advisers and professionals that can be held responsible for the damage.
10.4 In the event that DAAB and other advisers and professionals are jointly and severally liable for damage suffered by the client and any of the other advisers or professionals in relation to the Client is more limited than DAAB’s, DAAB responsibility shall be reduced by the amounts DAAB otherwise could have recovered from the adviser or the professional if his responsibility had not been limited.
11. Limitation of liability
11.1 DAAB is covered by the compulsory liability insurance of the Swedish Bar Association. DAAB has also signed additional insurance.
11.2 DAAB’s liability for damage caused to the Client by DAAB’s failure, negligence, or breach of contract, unless DAAB’s conduct is not grossly negligent or willful, is limited to what is covered by the insurances DAAB is subject to, self risk being deducted. DAAB does not accept an obligation to pay penalty payments.
11.3 DAAB’s liability for damage shall be reduced by the amount that the Client may obtain under the insurance that the Client has subscribed to or is subject to or under a contract or indemnity relationship that the Client has entered into or is the beneficiary of.
11.4 DAAB is not responsible for any damage caused due to the Client having wholly or partially used DAAB’s advice or work results for any purpose or in any context other than for which such advice was given. DAAB is never responsible for damage suffered by third parties by the Client having used DAAB’s advice.
11.5 DAAB uses electronic tools for communication, such as e-mail, SMS or telephone, but also virtual data room services or other cloud- based document exchange services if there is no separate agreement about other means of communication. DAAB cannot therefore be held liable for any damage caused by communication by such electronic tools.
11.6 DAAB cannot be held liable for damage caused as a result of DAAB having complied with law or the Swedish Bar Association’s Code of Professional Conduct.
11.7 DAAB is not liable for damage caused by circumstances that have been outside the control of DAAB and which DAAB could not reasonably have foreseen at the time of the adoption of the assignment and whose consequences DAAB could not reasonably have avoided or overcome.
11.8 None other than DAAB shall be held responsible for the services provided by DAAB. Accordingly, these Terms and conditions and any special conditions shall apply in favour of each of DAAB related legal or natural person such as shareholder, Managing Director, board member, employee or consultant. Precise restrictions
TERMS & CONDITIONS DAAR ADVOKATBYRÅ
shall apply to DAAB and those with DAAB related and legal and natural persons as if they were collectively one person.
12. Complaints and claims procedures
12.1 If, for any reason, the Client is dissatisfied with DAAB’s services and wishes to submit a complaint or to address a claim, the Client should contact the responsible attorney at DAAB. A claim made against DAAB shall always be accompanied by a written statement of the facts and grounds for the claim and the expected damage. Such a claim must have been received by DAAB within a reasonable period of time but not later than six months after the Client has become aware, or could have become aware, of both the damage and the circumstances on which the claim is based.
12.2 Should DAAB or DAAB’s insurer indemnify the Client for a claim, the Client, as a condition of the issued compensation, shall, by transfer or subrogation, transfer the right of recourse against third parties to DAAB or DAAB’s insurer.
12.3 If the Client’s claims against DAAB are based on third party or government claims against the Client, DAAB shall have the right to respond to, regulate and reconcile such requirements on the Client’s behalf provided that DAAB holds the Client harmless (taking into account the Limitations of liability as set out in these Terms and conditions and any special conditions).
12.4 If the Client is a consumer and is dissatisfied with the services provided by DAAB, the Client should contact the responsible lawyerat DAAB to discuss the matter and to try to reach a solution by consensus. If it is not possible to reach a solution by consensus, the Client may, subject to certain conditions, apply to the Bar Association’s consumer Disputes Board to obtain a trial of a fee or other financial claim. Contact with the consumer Disputes board can be obtained here:
Sveriges Advokatsamfund Box 27321
102 54 Stockholm Sweden
Tel. 08-459 03 00 eller www.advokatsamfundet.se/konsumenttvistnamnden
13.1 The Client may at any time terminate the cooperation with DAAB by requesting in writing that DAAB withdraw from the assignment. However, the Client is obliged to pay for the services DAAB has performed and for the costs DAAB had before the assignment ceased.
13.2 If the Client does not pay the invoice within the stated time of the invoice, DAAB reserves the right to immediately withdraw from the assignment. It also follows a right and obligation under the law and the Swedish Bar Association’s Code of Professional Conduct to decline or withdraw from an assignment, for example, in the case of inadequate client identification, suspicion of money laundering or terrorist financing, risk of International sanctions, inadequate instructions or if the trust between the DAAB and the Client no longer exists. However, if DAAB withdraws from an assignment, the Client is always obliged to pay for the services DAAB have performed and for the costs incurred by DAAB before the withdrawal.
13.3 In any event, the assignment ceases when it is completed.
14.1 These Terms and conditions may change from time-to-time. The current version is always published on daarlegal.se. Changes to the Terms and conditions apply only to assignments that begin after the modified version is published on daarlegal.se.
14.2 These Terms and conditions have been prepared in Swedish and
English. Unless otherwise agreed separately, the Swedish-language version applies to clients domiciled in Sweden and the English version for other clients.
15. Governing law and dispute resolution
15.1 These Terms and conditions and any special terms and conditions for an assignment or DAAB services and any questions or disputes arising out of these Terms and conditions and any special terms and conditions of the assignment shall be governed and construed in accordance with the substantive laws of Sweden.
15.2 The Client and DAAB shall always attempt to resolve disputes in connection with these Terms and conditions and its interpretation through negotiation leading to settlement.
15.3 Any dispute, controversy or claim arising out of or in connection with these Terms and conditions, or the breach, termination or invalidity thereof, shall be finally settled by arbitration, administered by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). The Rules for Expedited Arbitrations shall apply where the amount in dispute is less than SEK 1 million. The Arbitral Tribunal shall be composed of a sole arbitrator where the amount in dispute exceeds SEK 1 million, but not SEK 10 million. Where the amount inn dispute exceeds SEK 10 millionthe Arbitral Tribunal shall be composed of three arbitrators. The amount in dispute includes the claims made in the Request for Arbitration and any counterclaims made in the Answerto the Request for Arbitration.
15.4 The seat of arbitration shall be Stockholm.
15.5 The language to be used in the arbitral proceedings shall be English.
15.6 Notwithstanding what is stated in this section 15, DAAB is always entitled to institute proceedings against the Client regarding due debts in courts having jurisdiction over the Client or any of the Client’s assets.
Entry into force
These Terms and conditions apply from 1 January 2019 and supersede all previous terms and conditions of DAAB’s provision of services.