GENERAL TERMS AND CONDITIONS
Application
These general terms and conditions (the “GTC”) apply to the legal advisory and other services provided to clients by North Law (”we”, ”us” or ”our”) in its capacity of law practice (Sw. Juristbyrå). By engaging North Law, the client is deemed to have accessed and accepted the GTC which, in addition to our engagement letter, shall be regarded as binding contractual content between the client and North Law.
The GTC may be amended by us from time to time. The current version can always be found on our website, www.north-law.se (the “Website”). An amended version of the GTC will become effective only in relation to engagements initiated after the amended version was published on the Website. At the client’s request, a physical or digital copy of the latest version of the GTC will be provided to the client’s postal or email address.
Provision of services
The result of our work within the framework of a given engagement is tailored to the circumstances, facts, and instructions presented to us by the client in the particular engagement. Accordingly, services provided and advice in a particular engagement may not be relied on in any other matter or used for any other purpose than that for which it was intended.
North Law provides services and advice in respect of the jurisdiction or jurisdictions where we provide our services, our team members are based. If required, North Law can assist the client in obtaining advice from advisors in other jurisdictions.
If, within the scope of the engagement, tax or accounting issues may be involved or discussed please note in particular that our advice does not include advice on potential tax or accounting consequences.
Identification of the client
According to law, for certain engagements, North Law must check and is required to collect and retain satisfactory evidence regarding our clients’ identity. When engaging our services we may therefore ask the client to provide evidence of the client’s/entity’s identity and other person involved in the engagement on behalf of the client. New clients may also be asked for references. Further, we may be required by law to provide information to the tax authorities on the VAT number of our clients and the invoiced amounts.
North Law is also legally obliged to report suspicions of money laundering or financing of terrorism to the relevant authority. We are thereby prevented from notifying the client or its representative of possible suspicions or that a report has been, or will be submitted. In cases of suspicion of money laundering or financing of terrorism, North Law will decline or cease to act in the current engagement.
Conflict of Interest
North Law may be prevented from accepting an engagement if there is a conflict of interest in relation to another client. Thus, before entering into and accepting any engagement, we therefore conduct checks to ascertain whether such a conflict of interest exists. With reference to the above stated it is therefore important that the client continuously provide us with the information that may be relevant to determine whether or not there is an actual or potential conflict of interest.
Termination of engagement
North Law has the right to, with immediate effect, withdraw from the engagement if:
- despite a reminder, the client does not pay the issued invoice concerning any part of the engagement;
- the client becomes insolvent and there is a risk of not receiving payment for work performed and/or expenses;
- under applicable law or other reasons, North Law has the right and/or obligation to withdraw from our engagement.
The client may terminate the engagement at any time by requesting North Law in writing to cease with provision of the services. Despite termination, the client is still liable to pay all fees for services provided and expenses incurred prior to the date of termination.
Fees and payment
When engaging North Law for the provision of services, the client will be provided within the framework of the engagement letter with a tailor-made offer concerning fees and payments.
All fees and expenses are exclusive of value-added tax, which will be charged where we are required to charge such tax.
Unless otherwise agreed, invoices for provided services will be issued on a monthly basis and become due for settlement 14 days after the invoice date. If an invoice is not paid, interest on the balance owed will be charged at the statutory rate applicable from the due date until receipt of payment.
Legal costs and expenses insurance
In case the engagement concerns a dispute, some (if any) of the fees and expenses of the client and the counterparty may be financed by the client’s legal costs and expenses insurance. Notwithstanding the relevant terms of such insurance, and the decision by the insurance company concerned to wholly or partly compensate these costs, as well as irrespective of whether the client should be the winning or losing party, the client hereby undertakes to settle North Law’s fees and expenses to the extent they exceed amounts paid out under the insurance. All administrative costs or other costs that must be paid to authorities associated with the current matter are settled separately by the client.
Limitation of liability
The contractual relationship concerning provided services under any engagement is concluded between the client and North Law as a legal entity, and not with any natural person or representative of North Law. Our liability for any loss or damage in respect of each engagement shall be limited to the sum of four base amounts („prisbasbelopp”) calculated under Socialförsäkringsbalk (2010:110). For the avoidance of doubt, North Law’s liability be reduced by any amount which the client may obtain under any insurance and shall not include reduction or loss of production, turnover or profit, absence of anticipated economies, or other indirect or consequential loss or damages.
Furthermore, North Law is not liable for any damages which are a resulting from incorrect information provided by the client (including representatives and third parties engaged by the client), or if the client withholds information. North Law is also not liable for any loss or damage arising from the results of an engagement or our advice being used in a different context or for a purpose other than for which they have been created or given.
Complaints and claims
When providing services North Law strives to achieve the best results and fulfil client’s expectations. If, for any reason, the client is not satisfied with our services or wants to submit a complaint, the client should notify us as soon as possible as soon as the client has become aware of the circumstances giving rise to the claim. To be able to exercise its rights, the client should submit a claim no later than twelve months from the date of the issue of the last invoice for the engagement to which the claim refers and or the date the circumstances giving rise to the claim became known or after reasonable investigations could have become known to the client.
Information on the processing of personal data
Within the scope of the engagement and course of the provision of services North Law, in the capacity of controller of personal data, may be processing personal data. The processing of personal data within North Law is described in our privacy policy which can be accessed at: www.north-law.se/privacy-policy. In case of any questions concerning our personal data processing, you may also contact us on privacy@north-law.se.
Intellectual property rights
All intellectual property rights relating to the results of provided services within the scope of the engagement belong to North Law. However, provided that compensation for the engagement is paid accordingly, the client has the right to use such results as stated above for those purposes for which they have been created. If not separately agreed, the client may not disseminate the results of provided services, use them for other purposes, share them with third parties, or use them for marketing purposes without obtaining prior consent from North Law.
Confidentiality
Within the undertaken engagement and provided services North Law observes confidentiality and will protect non-public information provided by the client from disclosure and hold it in strict confidence. However, in certain cases, North Law may be required to disclose such information to third parties in accordance with the client’s instructions, applicable law, good practice, and the judgment or decision of a competent court or other authority. When engaging North Law for the provision of services, the client will be deemed to have consented to the sharing of material and other information that North Law has received as a consequence of the checks and identification that we may carry out as stated above.
Communication
Within the scope of the engagement and provision of services, we mainly use electronic communication. Despite electronic communication having many advantages, this way of communication also involves security and confidentiality risks. If the client wishes to communicate through other means than via the Internet or e-mail in relation to the engagement, the client shall notify us in writing accordingly.
Due to the above-described risks, the client is recommended to follow up when sending or receipt of important or time-sensitive information through electronic communication, e.g. via telephone. North Law cannot accept any responsibility in connection with disruptions in means of electronic communication or any effects/results of such disruptions.
Documents
After the termination or conclusion of each engagement, we may store documents and work products that have been produced by North Law within the scope of provided services as well as documents and information provided by the client or a third party. After the conclusion of the engagement, North Law will return received original documents to the client. The storage of documents and work products whether in physical or electronic format, will take place for a period of time that we deem to be adequate for that particular type of engagement, however, under no circumstances for a period shorter than is required by applicable law or local regulations.
Market Abuse Directive
If the matter in question within engagement and the provision of services concerns or may concern insider information the client should expressly inform us in writing accordingly as well as if the client wishes to establish and maintain an insider list to comply with your obligations under the Market Abuse Regulation (596/2014).
Governing law and disputes
The GTC, engagement, and any dispute, controversy, or claim arising out of or in connection with the provision of services, or the breach, termination, or invalidity thereof, are governed by and will be construed in accordance with the substantive law of Sweden without regard to conflict of law principles and shall be finally settled by general courts in Sweden, with Gothenburg District Court as the court of first instance.