1. SCOPE
1.1 These terms and conditions (“Terms”) apply to all assistance provided by CO:PLAY Advokatpartnerselskab (“CO:PLAY”) unless we have entered into a written agreement that other terms and conditions shall apply.
1.2 All of our lawyers are appointed by the Ministry of Justice in Denmark. In addition, we employ business legal representatives, other advisors and administrative staff who provide advice and services on the same terms and conditions as our lawyers and legal representatives.
2. OUR FEES
2.1 Unless we have agreed otherwise in writing, our fees are determined based on the relevant hourly rates for the persons who have contributed to solving the task and after an overall assessment of:
1) the time spent,
2) the complexity of the task,
3) whether the task has necessitated an effort under significant time pressure or outside normal working hours,
4) the importance of the task to your company,
5) the responsibility associated with solving the task, and
6) the result achieved.
2.2 When determining fees for work performed by our administrative employees and employees who are not lawyers, we also allow ourselves to determine their fees based on the above parameters when they handle cases independently and when they perform routine and administrative work.
2.3 If a task must be completed immediately and a pricing model has been agreed that only takes into account the time consumed, and the task requires us to work outside normal office hours (8:00 a.m. - 6:00 p.m.) or on weekends or public holidays, we are entitled to increase our usual hourly rates by (i) 50% for work between 6:00 p.m. and 10:00 p.m. and 6:00 a.m. and 8:00 a.m. on weekdays and (ii) 100% for work between 10:00 p.m. and 6:00 a.m. on weekdays, as well as on weekends and public holidays.
3. FIXED PRICE OR ESTIMATED PRICE
3.1 If we have agreed on a fixed price or estimated the price for a task, this price is conditional on the task being completed within the stipulated time and on the absence of circumstances that make it difficult to complete the task or that we could not reasonably have foreseen. However, we are obliged to inform you immediately if we can see that a fixed price cannot be met or if an estimated price is exceeded by more than 20%.
4. SETTLEMENT
4.1 We generally always settle when a case is concluded. If a case runs over a month, settlement can be made after the end of each month. In addition, settlement is made when the course of the case gives rise to it, for example after a procedural document has been filed. Certain services are invoiced in advance, and we can always demand a deposit and offset your balances with us. We are entitled to only send invoices by e-mail. Special requirements regarding settlement, including electronic settlement or a number of credit days, only apply if they have been accepted in writing by CO:PLAY.
5. CHARGES
5.1 CO:PLAY does not generally incur charges for you as a client. If we incur charges, we are entitled to have these refunded upon request or by offsetting against deposits with us.
6. TRANSPORT
6.1 Transport time is settled at usual hourly rates unless otherwise agreed. Transport costs are settled according to the state rates or actual expenses incurred, including for accommodation and meals.
7. PAYMENT
7.1 Invoices are due for payment 8 days after the invoice date. Invoices regarding charges are, however, due for payment upon receipt. In the event of late payment, we are entitled to cease our work without notice and to charge interest from the due date. In connection with sending reminders, we are entitled to charge fees at the rates set by law.
8. CONFLICTS OF INTEREST
8.1 Upon receipt of a case, we will investigate whether there is a conflict of loyalty or interest and if this is the case, or such a conflict arises during the course of the case, you will be referred to another lawyer.
9. LIABILITY
9.1 We are insured by HDI Global Specialty SE, Indiakaj 6, 1st floor, 2100 Copenhagen Ø, under policy number 156-76215291-30054, and are liable for damages in accordance with the general rules of Danish law, however, any liability is limited to the maximum coverage of the insurance. CO:PLAY's liability for damages is limited to a maximum of DKK 100 million per year, and DKK 5 million per lawyer per year, and CO:PLAY is not liable for any higher amount for a damage. Other concurrent claims against CO:PLAY may reduce this maximum amount. CO:PLAY's liability does not include financial consequential losses, operating losses, lost profits, loss of goodwill, costs for restoring data or loss of data, image or other types of indirect losses. Compensation claims can only be asserted by the party to whom we have provided direct advice.
10. CONFIDENTIALITY
10.1 We keep all information we receive confidential, unless the information is not confidential under the circumstances or unless we are required by law to disclose the information. We will, if possible, inform you at the latest at the same time as we disclose the information to a third party.
11. PERSONAL DATA
11.1 We mainly provide assistance to companies that are not data subjects in the sense of personal data law. However, we, as data controller, receive/collect a number of personal data from the company/employer on persons who are/will be affiliated with the company/employer or from persons who wish to participate in one of our events (courses and seminars). The personal data collected will typically include a) general identity and contact information (name, email, job title and telephone number), b) CPR number and c) copy of health card and passport.
11.2 The purpose of collecting personal data is i) to provide our assistance, including managing our relationship with the company, ii) to make registrations in public registers, iii) to comply with the legal obligations to which we are subject, e.g. money laundering legislation and iiii) to carry out our events.
11.3 We treat personal data confidentially and only share it with third parties if it is necessary to fulfil the above purposes, or we are obliged to transfer or share it with public authorities.
11.4 We have established and maintain appropriate organizational and technical measures so that personal data is not accidentally or unlawfully deleted, degraded or lost, nor is it disclosed to unauthorized third parties or otherwise misused or used in violation of data protection legislation.
11.5 Personal data used to provide our assistance will generally be deleted 10 years after our client relationship with your employer/company or you ends in order to fulfil our obligations under the Code of Professional Conduct and the Limitation Act. Personal data for the purpose of complying with the Money Laundering Act and the Accounting Act will, however, be deleted 5 years after our client relationship ends. If you have registered for one of our events, the personal data will be deleted after the event has been held and evaluated.
11.6 Under the rules of data protection legislation, you have the right to request access to the personal data we process about you and, in certain cases, to object, request rectification or request deletion of the personal data. You also have the right to receive the personal data that you have provided yourself in a structured, commonly used and machine-readable format. If you disagree with our way of handling personal data, you also have the option of filing a complaint with: Datatilsynet, Borgergade 28, 1300 Copenhagen K.
12. CLIENT FUNDS
12.1 If we are entrusted with money, it is deposited in a client account with Danske Bank. The money is managed in accordance with the rules set by the Danish Bar Association. We are entitled to offset our receivables against deposited client funds. If a bank goes bankrupt, client funds are covered by the Depositors and Investor Guarantee Scheme Act, however, such that there is only coverage for € 100,000 per client per bank. We are not liable for loss of client funds as a result of a bank's bankruptcy or similar.
12.2 If our bank calculates negative interest for deposits in our client account, we are entitled to pass this cost on to our clients.
13. DEPOSIT
13.1 We are entitled to charge a deposit before we begin an assignment. The deposit is handled as client funds until we settle the case.
14. MONEY LAUNDERING
14.1 In order to avoid financial support for terrorist activities, etc., all lawyers are subject to a strict set of rules, which means that they must obtain identity information. For companies, this includes information about the persons who ultimately own more than 25% of the companies. Clients are therefore obliged to provide necessary identity information and documentation upon our request. As a client, you are obliged to disclose if an ultimate owner or a member of the management is a politically exposed person, a close associate or close collaborator of a politically exposed person. A politically exposed person (PEP) is understood to mean persons who hold one or more high-ranking public offices. The Danish Financial Supervisory Authority's list of persons who are PEPs in Denmark can be found here.
14.2 The identity information will only be processed and stored for the purpose of preventing money laundering and support for terrorist activities, and will be stored in accordance with the law for a minimum of five years after the termination of the client relationship.
14.3 We are entitled to charge a reasonable fee for our work with the identity check.
15. INSIDER TRADING
15.1 All our employees are subject to applicable legislation prohibiting the disclosure of inside information about listed companies in accordance with the Danish Securities Trading Act's prohibition of insider trading.
16. CHOICE OF LAW AND JURISDICTION
16.1 Any action against CO:PLAY must be brought at the Copenhagen City Court and decided under Danish law. This applies even if you are foreign and/or the advice is to be used abroad or causes damage there.
17. COMMUNICATION
17.1 We communicate via e-mail unless otherwise agreed. Our e-mails are encrypted with TLS v. 1.2, unless the e-mail server on which you receive e-mails cannot handle such encryption, in which case the e-mail will be unencrypted. E-mails will also be encrypted if this is required by law. Our systems are checked for viruses, malware, etc. according to recognized standards, but we assume no responsibility for e-mails or attachments not containing harmful viruses, etc. You are therefore encouraged to check e-mails and attachments for harmful viruses, etc. yourself before opening them.
18. WITHDRAWAL
18.1 We are entitled to withdraw from an assignment if there are overdue, unpaid receivables from you as a client or if a collected deposit has not been paid. We also reserve the right to withdraw if, in our opinion, an assignment does not create value for you as a client or if you do not provide the assistance necessary for the solution of the assignment.
19. ATTORNEY LETTERS
19.1 We prepare attorney letters when we have received a request from you or your accountant. Attorney letters will be invoiced according to the time spent, however with a minimum of DKK 1,500 ex. VAT.
20. INTELLECTUAL PROPERTY RIGHTS
20.1 Intellectual property rights to material prepared by CO:PLAY belong to CO:PLAY unless otherwise agreed.
20.2 Upon effective payment of the agreed fee, the Client obtains an unlimited, non-transferable and non-exclusive right to use our deliveries in his business and the right to make changes to these.
21. COMPLAINTS
21.1 CO:PLAY, like all other law firms, is subject to the Danish Bar Association's rules on complaints.
21.2 In the event that you are dissatisfied with our work or fees, please contact us. If this does not resolve the disagreement, you can bring the matter before the Bar Council by sending a letter or e-mail to; The Danish Bar Association's Secretariat, Kronprinsessegade 28, 1306 Copenhagen K, Tel: 33 96 97 98, E-mail: klagesagsafdelingen@advokatsamfundet.dk.