General terms and conditions
We apply terms and conditions of the services we provide; the following applies to all assignments commenced on May 24, 2018 or later.
These general terms and conditions shall apply to assignments and services provided to clients by the law firm Sigeman & Co (hereinafter referred to as the Law Firm or we/our). In addition to these general terms and conditions the code of conduct established by the Swedish Bar Association shall apply.
Unless otherwise agreed, these general terms and conditions shall also apply for any other assignments instructed by the client to the Law Firm.
Upon the acceptance of an assignment the scope of the assignment is established in consultation with you. For each assignment the Law Firm will designate a lawyer, either a partner or an associate possessing required skills, to be primarily responsible for the client. The client responsible lawyer has the overall responsibility for the assignment. Depending on the character of the assignment, several lawyers of the Law Firm may be designated to the task.
Each assignment accepted is a contract between you and the Law Firm, not with a private individual working for the Law Firm, regardless of which lawyer will perform the assignment as such.
Any given advice is based on and adapted to the circumstances of the specific assignment. Hence, it follows that the advice may not be relied on in any other matter or used for any purpose other than that for which it was given. Unless specifically agreed otherwise, we do not undertake to update the advice we have provided to take account of subsequent changes in any legal position. The advice does not include advice on potential tax consequences unless specifically agreed.
In connection with providing our services we are happy to assist you in identifying and instructing other advisers for particular matters if needed. If we instruct, engage or work together with other advisers, any such advisers will be considered to be independent of the Law Firm and we assume no responsibility or liability for recommending them or for any advice given by them. Furthermore, we do not assume any responsibility for fees or expenses charged by such advisers.
The Law Firm normally uses various means of communication. If you prefer a specific mean of communication, for example regular mail, please inform the responsible lawyer.
Our spam and virus filters may sometimes reject or filter out legitimate e-mails. Therefore, important e-mails should be followed up by telephone.
Fees, expenses and invoicing
The Law Firm´s principles for charging fees mean that several factors are taken into consideration, including (i) time spent, (ii) qualifications and experience required, (iii) amounts and values involved, (iv) time constraints imposed and (v) potential risks assumed (if any) by the Law Firm. The current hourly rates are explained and accounted for upon the acceptance of an assignment. Normally, the hourly rates are adjusted in connection with the turn of the year. Upon request we can provide you with an estimate of our likely fees for the performance of the assignment.
In addition to our fees disbursements for travelling, register excerpts, accommodation and other expenses may be charged.
Our standard practice is to send invoices on a monthly basis. However, longer periods may occur in individual cases. The Law Firm may at its own choice also charge the total fee accrued upon completion of the assignment. If the invoice has no due date it is payable within 15 days of the invoice date or of the date on which claim for payment was presented. Interest on any overdue amount will be charged upon default according to the Swedish Interest Act.
If our legal fees and expenses are to be covered by a legal costs and expenses insurance this should be clarified by the client immediately upon the acceptance of the assignment. Such insurance may, under certain circumstances, entitle you to certain compensation for lawyers’ fees. Normally, such right to compensation is limited by e.g. provisions on excess and maximum compensation. The Law Firm is not in its billing restricted by the compensation standards as stipulated in the terms and conditions of the insurance and you are liable for the full payment of fees and expenses also to the extent they exceed whatever is paid out under the insurance.
The Law Firm reserves the right to request advance payment either upon the acceptance of an assignment or while it is on-going. The advance payment will be set off against future invoices and expenses. The final fee may exceed or fall below the advance payment.
Further, the Law Firm reserves the right to charge a preliminary fee on account. In such cases, the final invoice will set out the total amount of our fees and deduct all fees payable according to any preliminary invoice.
All fees are exclusive of value added tax. Value added tax will be charged according to applicable law.
Reporting of VAT registration number
In some cases the Law Firm may be obliged to provide information to the Swedish tax agency on inter alia your VAT registration number. By engaging the Law Firm, you are deemed to have given your consent to the Law Firm providing such information to the tax agency in accordance with regulations as in effect from time to time.
Actions against money laundering and terrorist financing
According to the Act on Measures Against Money Laundering and Terrorist Financing (SFS 2017:630), the Law Firm is, with regard to certain kinds of assignments, obliged to check the identity of our clients, their ownership structure, as well as the nature and purpose of the assignment. Therefore, the Law Firm may require you to provide information and certain documents, such as evidence of your personal or corporate identity as well as the identity of any other person involved in the matter on your behalf, as well as information and documentation showing the origin of funds and other assets. Additionally, we may need to verify the information provided by you and for this reason obtain information from external sources. The Law Firm is also obliged to retain said information.
The Law Firm is obliged to report suspicions of money laundering or financing of terrorism to the relevant police authorities, and is also prevented by law from informing you of such suspicions or that a report has been made. If money laundering or financing of terrorism is suspected, the Law Firm is obliged to refuse the assignment or to withdraw from the assignment.
The Law Firm is not liable for loss or damages caused as a consequence of compliance with the obligations above.
The Law Firm is obliged to observe confidentiality according to law and the code of conduct established by the Swedish Bar Association. The fact that you are a client of the Law Firm as well as any information provided by you is adequately protected. Thus, information is only disclosed to third parties, if disclosing such information is part of performing the assignment, if you have consented to such disclosure, or if an obligation to disclose such information is required under law.
Intellectual property rights
The copyright and other intellectual property rights in all work produced by the Law Firm within the assignments vest in the Law Firm. Nevertheless, you are entitled to use such work for such purposes for which they are provided. Unless otherwise agreed, no document or work generated by the Law Firm may be generally circulated or used for marketing purposes.
If the Law Firm is permitted to engage or work with other advisers, subject to your consent, the Law Firm is entitled to provide them with material and other information deemed relevant in order for the adviser to be able to give adequate advice and in order to carry out an assessment according to the Money Laundering and Terrorist Financing (Prevention) Act (see the subparagraph on this subject above).
For the duration of an assignment the Law Firm may store documents and work. The storage may be made electronically.
After the conclusion of an assignment the Law Firm will keep or store itself or with a third party all documents and work relevant for a period deemed appropriate by the Law Firm, however not for a period shorter than required under the code of conduct established by the Swedish Bar Association.
Following the conclusion of an assignment the Law Firm will, unless otherwise agreed, return all original documents to you. However, the Law Firm is entitled to keep copies of such documents for its own record.
The Law Firm’s services will involve the processing of various types of information, including personal data, about you or your physical representatives.
The Law Firm respects privacy and will comply with any applicable data protection legislation.
Limitation of liability
The Law Firm keeps a liability insurance adapted to the needs of its business. The liability for loss caused to you as a consequence of negligence on the part of the Law Firm in performing the assignment shall be limited to the amount that may be obtained under that insurance.
The liability of the Law Firm shall be reduced by any amount that may be obtained under any insurance maintained by you or maintained on your behalf or under any contract or indemnity to which you are a party or a beneficiary.
The Law Firm has no liability to any third party as a result of your use of documents or any other advice provided by the Law Firm.
Claim procedures against the Law Firm
If, for any reason, you are dissatisfied or have complaints about the services provided by the Law Firm you should notify the client responsible lawyer as soon as possible.
Claims shall be presented as soon as you have become aware of, or following reasonable investigations should have become aware of, the relevant circumstances. No claim may be presented more than twelve months after the latter of i) the date on which the relevant circumstances became known to you or should have become known to you following reasonable investigations, or ii) the date on which the last invoice was issued as regards the assignment to which the claim refers. The aforementioned implies no limitation of your obligation to give notice without undue delay.
If your claim against the Law Firm is based on a claim from a third party or an authority, the Law Firm is entitled to respond to and settle such claim on your behalf, provided that you are indemnified by the Law Firm. If you take any actions without the consent of the Law Firm relating to such a claim, the Law Firm has no liability for the claim. Any reimbursement in relation to claims paid by the Law Firm to you is conditional on the right of recourse against third parties being transferred to the Law Firm or our insurer.
These general terms and conditions may be amended by the Law Firm from time to time. The latest version is always available on our website: www.sigeman.se. Amendments to the terms and conditions will become effective only in relation to assignments initiated after the amended version has been posted on our website. A copy of the latest version of these terms and conditions will be sent to you on your request.
Agreements on deviations from these terms and conditions are valid only if made in writing.
Governing law and dispute resolution
These terms and conditions and all issues regarding our assignment shall be governed by and construed in accordance with substantive Swedish law.
Any dispute arising out of these terms and conditions or questions relating to our engagement or services in relation to an assignment shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitration proceedings shall be held in Malmö.
Notwithstanding the foregoing, the Law Firm is entitled to initiate proceedings before the general courts for the payment of any amount due.
In case of a dispute between a consumer and the Law Firm, the consumer has, under certain conditions, a right to request that a Consumer Disputes Board set up by the Swedish Bar Association settles the dispute. The procedure for such disputes is regulated in sections 52-68 of the charter of the Swedish Bar Association, available on the Swedish Bar Association’s website www.advokatsamfundet.se.
© Advokatbyrån Sigeman & Co AB 2018