Terms of Business
In these Terms of Business we, us or our refer to the Firm and you or your refer to the Client. These Terms of Business set out the basis upon which we provide services to our clients.
2. The Client
The Client is the party that is identified in the Letter of Engagement and anyone authorised to give instructions on that client’s behalf. When the inquiry takes place on behalf of a business enterprise, the person that established contact shall guarantee that he has the necessary authorisations and shall vouch for the necessary flow of information in his own organisation. Svensson Nøkleby (SN) shall deal with the person who made the inquiry on behalf of the Client unless otherwise agreed. Unless otherwise clearly stated in the Letter of Engagement, SN reserves the right to contact the Client's management in respect of the case and, if necessary, without advance notification to the party that made the inquiry to SN.
3. The Instruction
The Instruction includes and is limited to what has been outlined in the Letter of Engagement from SN to the Client.
4. Client Contact
The SN lawyer responsible for carrying out the Instruction vis-à-vis the Client is stated on the Letter of Engagement. SN reserves the right to use other employees to assist the responsible lawyer when this is expedient on the basis of a professional, financial or capacity-wise assessment, and when this does not lead to an increased financial charge to the Client.
SN will perform the Instruction within prudent professional, financial and time frames. This is conditional on the Client providing all necessary information in connection with the matter as soon as possible upon request from SN.
The Client will receive a copy of all correspondence in the case. Complaints filed with the court of conciliation, writs of summons and proposals for agreements/ contracts will also be sent to the Client for advance approval. This does not apply to outgoing correspondence unless there is a special draft agreement. The Client will be informed of progress in the performance of the Instruction and will be notified if processing of the Instruction will be delayed in relation to the progress originally agreed upon.
6. Use of external assistance/ Confidentiality
It is SN's assumption that the duty of confidentiality vis-à-vis the Client will not prevent information from being given to other SN lawyers/staff members. We will not use external assistance in processing the matter unless agreed in advance with the Client. If external assistance is used, SN assumes that the Client will exempt SN from confidentiality to the extent necessary. SN also assumes that the Client will exempt SN from confidentiality to the extent inquiries to external parties are necessary for the performance of the matter.
When information about the case is given to external parties, we will emphasise the importance of maintaining confidentiality to the party concerned.
7. Personal Data Act
We will ensure that all information in relation to the matter will be filed and processed in accordance to the Personal Data Act.
8. Conflict of Interest
If, due to information emerging in a matter after SN has undertaken the Instruction, a conflict of interest arises concerning SN's other Clients or associates, SN may withdraw from the matter without any other reason than a conflict of interest has arisen.
9. Calculation of Fee
Unless otherwise stated in the Letter of Engagement, SN will calculate remuneration on the following alternatives:
9.1 Fee based on fixed hourly rate and registration of hours spent.
9.2 An agreed fixed fee for the Instruction.
9.3 Subsequent discretionary calculation of the fee based on hours spent, special knowledge, very short deadlines, the outcome of the matter and other circumstances.
The calculation alternative chosen is stated in the Letter of Engagement. If this is not stated, the fee will be calculated on the basis of Alternative 9.1. Registration of hours spent means registration of actual hours spent to the next full 15 minutes.
The Client accepts to settle the fees and costs for the assistance provided by SN, regardless of the outcome.
All expenses incurred in connection to the matter, such as, obtaining expert opinions, travel, accommodation and sustenance in connection with performance of our services, will be charged to the Client in addition to the fee. The same applies to copying, postage, courier services, etc. Each inquiry to subscription databases will be charged to the Client in the amount of NOK 200,-
Invoices will be issued monthly for the work performed and for costs, see Clauses 9 and 10, unless otherwise agreed. A final invoice will be issued upon completion of a matter. An invoice for our services will be accompanied by an activity list which briefly states the activities performed and the costs incurred. Costs incurred in connection with travel, etc., may be invoiced after they have been incurred. Costs for fees, etc. in excess of NOK 2,000 may be invoiced in advance. All invoices are to be paid within 14 days of the date of the invoice.
12. Legal Aid
The lawyer responsible for a matter will check the Client's eligibility for having the legal costs covered through the Client's own insurance policies or public legal aid. This is conditional on the Client providing the necessary information about insurance policies and financial situation. The Client must cover SN's fees, regardless of such insurance policies.
13. Intellectual Property Rights
SN retains all rights, including copyright, to all material prepared in any form in connection with a matter, unless otherwise specially agreed in writing. It is assumed that the Client will only use the material in connection with a matter for the purposes for which they were provided.
14. Our Services/Follow-up
We will perform the services to the best of our ability and in accordance with the rules for professional conduct. SN and/or the responsible lawyer do not guarantee the performance of the Instruction will lead to the result anticipated by the Client. The Client should be aware that liability for other parties’ legal costs could be imposed onto the Client in circumstances of an adverse outcome in the matter, completely or partly, and that the Client guarantees payment of SN’s fees regardless of how the question of payment of costs of the case has been decided. Upon completion of an Instruction as described in the Letter of Engagement has been executed and/or concluded, SN is not responsible for further follow-up of any matters on behalf of the Client until a new Instruction has been awarded with a subsequent Letter of Engagement.
15. Limitation of Liability
We will be liable only when we are at fault for our actions or omissions and cause a financial loss for the Client. The financial liability for SN and/or the responsible lawyer shall under all circumstances be limited to a total of NOK 5 million for each occurrence.
16. Finalisation of the Instruction
The Instruction shall be deemed to have been completed when the scope of work as described in the Letter of Engagement has been executed. If a disagreement arises between the Client and SN on the execution of the Instruction, or if conflicts arise between SN and the Client for other reasons, SN may terminate the Instruction with immediate effect. SN will, however, complete work that cannot be left outstanding without the Client being exposed to loss of rights.
SN shall, as far as possible, inform the Client of termination of the Instruction before any external parties are informed.
The Client has the opportunity to raise a complaint if the Client feels that the service provided does not satisfy professional or ethical requirements. If the Client does not agree with the calculation of the fee in the matter or is dissatisfied with the way the matter is followed up, or with the treatment the Client received from SN.
Complaints shall be addressed in writing to the Managing Director, who has overall quality assurance responsibility in SN. A complaint may also be directed to the Disciplinary Council of the Norwegian Bar Association.
18. Dispute Resolution
The Client and SN shall seek to resolve any disputes between them through an arbitrator appointed by the Chief Local Judge of Drammen (Sorenskriveren i Drammen tingrett). If the parties do not reach an agreement, Drammen District Court (Drammen tingrett) is accepted as the legal venue.