Terms of business

Information to clients

Horten complies with the rules on legal ethics and professional conduct of the Danish Bar and Law Society. Our advice is based on Danish law, and we are subject to the rules on prevention of money laundering.

All Horten's lawyers are

  • admitted to practise law by the Ministry of Justice in Denmark;
  • members of the Danish Bar and Law Society; and
  • covered by Horten's professional indemnity insurance and guarantee according to the rules adopted by the Danish Bar and Law Society

The rules regulating lawyers may be found at the website of the Danish Bar and Law Society. The rules regarding complaint procedures may be found at the website of the Disciplinary Board.

Horten is member of the Association of Danish Law Firms, Danske Advokater.

Payment

Please remember to state invoice number or ref. no. when making a transfer.

Bank: Jyske Bank A/S, Strandvejen 112, DK-2900 Hellerup
Reg. no.: 5011
Account no.: 0001331505

International transfers

IBAN: DK1750110001331505
SWIFT: JYBADKKK

CVR number: 33775229

Insurance

Horten is covered by professional indemnity insurance with AIG et al through the insurance brokers Marsh A/S.

The contact is insurance broker Pernille Palsby, tel. +45 4595 9568 or e-mail. The insurance covers all legal services irrespective of where they are provided.

Terms of business

These terms of business govern the legal services we provide to our clients, unless otherwise agreed.

1. Legal services

1.1 We provide legal services in accordance with the rules of the Danish Bar and Law Society, including the rules on professional conduct and ethics.

1.2 We comply with these general terms, which prevail over our client's terms of business, unless otherwise agreed in writing in respect of a particular assignment.

1.3 A partner primarily responsible for the client is allocated to each assignment. The partner will decide on the number of employees and other resources needed. Any use of external resources to ensure effective handling of the assignment is subject to separate agreement with the client.

1.4 Our legal services are based on Danish law only. Our opinions, directions and recommendations in connection with assignments are based on Danish law only, unless otherwise agreed.

1.5 On receipt of an assignment, we will in accordance with the rules of the Danish Bar and Law Society and Horten's procedures investigate whether there is a conflict of interest or loyalty that may prevent us from taking on the assignment.

1.6 Horten is subject to the rules of the Danish Act on Measures to Prevent Money Laundering and Financing of Terrorism and we are consequently obligated to obtain information about our clients in accordance with the provisions of the Act.

2. Confidentiality, personal data and inside information

2.1 All information received from or about the client in connection with the work performed will be treated as confidential. Everybody at Horten is subject to a duty of confidentiality.

2.2 As part of our advice, we process personal data about the individual client. This processing is regulated by the Personal Data Act. In the document, "How do we process your personal data", which is available on our website, www.horten.dk, we have described how we process personal data.

2.3 We have rules covering all employees and partners, which comply with current legislation prohibiting the disclosure of inside information concerning listed companies and restricting trade in listed securities.

3. Communication

3.1 We communicate i.a. by e-mail. Our e-mail correspondence is non-encrypted, and we do not accept liability for any viruses, unauthorised amendments, unauthorised monitoring, tampering or other matters resulting therefrom.

4. Intellectual property rights

4.1 The client will be granted the necessary rights to the material we prepare for the assignment, but we retain all copyrights and other intellectual property rights to work and material developed, designed, generated, produced or otherwise created by us in the period in which we have provided our services.

5. Documents

5.1 All documents are stored for the remainder of the year + 10 years from the invoice date and will thereafter be shredded, unless otherwise agreed.

6. Invoicing and retainer

6.1 Invoicing is generally based on a number of factors, including time spent, the outcome of the case, the size and complexity of the assignment, the degree of expertise required, the responsibility involved, the time pressure, etc.

6.2 We will, on request, provide an estimate of our fee or the criteria for the calculation of the fee. The estimate is indicative, unless otherwise expressly agreed.

6.3 We invoice our clients on a monthly or quarterly basis or on completion of the assignment, unless other invoicing terms have been agreed or where appropriate. VAT will be added to the invoice according to the prescribed tax base at the time in question.

6.4 The terms of payment are net 14 days from the date of invoice. In case of late payment, interest will be charged in accordance with the Danish Interest Act.

6.5 Disbursements and expenses (e.g. travelling costs and expenses for accommodation, food, translation and courier services as well as extensive photocopying) will be charged separately.

6.6 We may request payment in advance for legal services or for disbursements and expenses incurred before commencing any work on the assignment.

6.7 If the client has objections to the fee charged, the client may file a complaint with the Disciplinary Board of the Danish Bar and Law Society at the following address:

Advokatnævnets sekretariat
Kronprinsessegade 28
DK-1306 Copenhagen K
Telephone: +45 33 96 97 98
E-mail: klagesagsafdelingen@advokatsamfundet.dk
www.advokatsamfundet.dk/advokatnaevnet

7. Client funds

7.1 All client funds paid to Horten are managed in accordance with the rules of the Danish Bar and Law Society and deposited in client accounts.

7.2 All client funds deposited in client accounts are subject to the Guarantee Fund for Depositors and Investors Act, which means that there is a general maximum coverage per depositor under the guarantee fund of EUR 100,000.

8. Duration

8.1 We may cease to provide assistance, e.g. where the client is in breach of these terms of business, is insolvent or where payment is not made in accordance with our terms.

9. Liability

9.1 Horten is liable for the legal services provided in accordance with the general rules of Danish law, and we are insured with a reputable insurance company.

9.2 However, the liability of Horten and of each partner and staff member for any loss sustained for which we are liable under Danish law, and which is attributable to our work, is limited to an amount equal to 25 times the fee for the assignment at hand up to a maximum of DKK 25 million. However, the maximum compensation to a client is DKK 100 million for the total claims raised by the client within one calendar year.

9.3 Our liability for any loss covers only direct losses, thus excluding consequential losses and any indirect loss, including loss of profits, data or goodwill.

9.4 We assume no liability for advice or services rendered by other advisers, including foreign attorneys, whom we (on agreement with the client) have engaged or to whom we have referred the client.

9.5 If we incur joint and several liability together with our client vis-à-vis a third party, the client must indemnify us to the extent our total liability to the client and the third party exceeds the limitations set out in this paragraph.

10. Governing law and jurisdiction

10.1 Any liability in connection with our legal services is governed by Danish law, see paragraph 1.4 above.

10.2 Any disputes between Horten and the client, including concerning Horten's fees, must be brought before the Court of Lyngby.