General Terms, Nitschke Advokater AS, 8 January 2020
These General Terms shall apply in full on all services provided by Nitschke Advokater AS and their lawyers and employees, unless otherwise explicitly agreed in writing by Nitschke Advokater AS. These general terms will also apply if the client uses our services in other assignments, unless otherwise agreed upon in writing by Nitschke Advokater AS.
For the purpose of these general terms, “NADV” shall mean Nitschke Advokater AS. “NADV-A-A”, «we» or «our» shall mean NADV, their lawyers and employees.
NADV-A-A´s goal is to promote the client’s interests in the best possible way, within the framework provided by the Confirmation of assignment and applicable law. NADV has copyright and other intellectual property rights to what we have prepared. The client is only entitled to use this for the purposes for which it is intended.
Our services are performed only for the client specified in the Confirmation of assignment, and for the assignment in question. The client shall as soon as possible provide complete and correct information about the facts of the case and what result the client wishes to achieve. The services are provided on the basis of the present law in force and the conditions of the current assignment at that particular time. The services cannot be used in other cases or for other purposes. The client can only rely on our final written deliveries. All assessments are based solely on Norwegian law.
If it is agreed that other group companies can use information received from NADV-A-A, the client must inform these companies, and these companies must accept, in advance, that we are not responsible to them, and that they cannot disclose the information received. The client must also provide a copy of the Confirmation of assignment and our General Terms for them, with information that our services are governed by this. Thus, any disagreement or claim must be handled by the client and NADV and/or the lawyer in charge. This section also applies to the client’s direct and indirect shareholders. This section also applies after the group affiliation or other affiliation ceases.
All communication with the counterparty must be discussed with or go through NADV. NADV and the client must inform each other of the communication taking place.
Any terms intended to apply after expiration, termination, etc., of the agreement, including, but not limited to, the limitation of liability, shall continue to apply after such event.
2 Fees, etc.
The client is responsible for payment of fees, expenses, disbursements, etc.. Our fee is based and depending on the personnel working and time spent, rounded up to the nearest 15 minutes. Necessary administrative work is also charged, e.g. money laundering control, registration of the case, preparation of the Confirmation of assignment and filing.
NADV will normally invoice on a monthly basis. VAT is added according to applicable law. NADV’s invoices are due 10 days after date of invoice. Interest on overdue payments will apply. The hourly rates are adjusted annually.
NADV’s fees, etc., shall not be limited if the client is awarded less legal costs or by limitations in the client’s right to demand compensation for legal costs, e.g. according to the rules regarding small claims.
The client is responsible for costs incurred in a legal process, e.g. court fees, but also the counterparty’s legal costs, in arbitration cases also the court’s fees, etc., if it is imposed. The client must himself investigate the possibilities for, and if possible, claim, free legal aid, insurance coverage or other third-party coverage.
3 Confidentiality and processing of information
We are prohibited from unlawfully disclosing trusted secrets. In addition, we are obliged to treat information beyond this confidential. We inform you that NADV rents office facilities of Nitschke AS and cooperates in individual cases with Nitschke AS. However, NADV is an independent law firm, which also entails a duty of confidentiality towards Nitschke AS. However, the client accepts that we share information with persons engaged by the client, including the client’s auditor. NADV-A-A can also share information with employees in NADV, as far as necessary. In addition, exceptions to the confidentiality is regulated by law.
We collect information about the client’s representatives in the client register, usually with name, address, telephone number and e-mail address, place and position in the company. The information is used for carrying out controls, management and marketing.
As a general rule, special security measures are not initiated for electronic data communication. However, safeguard measures may be taken. A part of this assessment is how the client sends information to NADV. We are not responsible for risks associated with use of electronic communications, e.g. virus or that it does not reach the intended recipient.
NADV is required to store documents and information upon completion of the assignment. NADV may also keep copies of other case documents after completion. We will store documents electronically for up to 13 years after the date of the last invoice, after which it is deleted without notice. Copies of documents NADV possesses can be handed out for a fee.
4 Liability, limitation of liability, etc.
NADV and the firm’s attorneys are responsible under the general rules of professional responsibility and have provided statutory security for legal practicing. The client agrees to submit any claims related to our services only against NADV and/or the lawyer in charge for the relevant part of the assignment, and not against any other person affiliated with NADV.
NADV-A-A shall, in no circumstances, be responsible for indirect loss, including, but not limited to, loss of income, profits, or consequential damages. Further, NADV-A-A are not responsible for losses or costs resulting from errors committed by advisors NADV-A-A have suggested that the client may use or sub-contractors NADV-A-A, in agreement with the client, have entrusted a part(s) of the assignment to. NADV-A-A are neither responsible for loss of client funds due to causes attributable to the bank, nor for another outcome of a case than what NADV-A-A have indicated.
Under any circumstances, a claim from the client against NADV-A-A, is in total limited to the lesser of
- The client’s documented direct net loss,
- 25 times NADV’s fee for the relevant part of the assignment, excl. VAT, or
- NOK 5,000,000.
The client has no right to let others make use of the services, reports or products NADV-A-A have developed. NADV-A-A cannot be held responsible for others’ use. The client shall indemnify NADV-A-A from any claim resulting from such use.
NADV-A-A shall not, under any circumstances, be jointly liable with third parties who may have liability to the client. If there are reasons to direct a part of a claim against NADV-A-A, NADV-A-A’s share shall be limited to what can reasonably be attributed NADV-A-A’s services, even if the client cannot recover the rest of the claim against the others. If NADV-A-A pay compensation for damages to the client, the client shall transfer the rights to recover from others to NADV-A-A. If the client’s claim against NADV-A-A is based on a claim from a third party (e.g. public authority) we shall have the right to handle and settle the claim on behalf of the client, if NADV-A-A indemnify the client. If the client pays, settles or acknowledges liability for a third-party claim without NADV and/or the lawyer in charge’s prior written consent, NADV-A-A shall have no liability to the client.
5 Right to submit a complaint
If the client is dissatisfied with NADV-A-A’s performance or the fee calculation, the client is urged to bring this up immediately with NADV. NADV will immediately assess this. The Norwegian Bar Association’s disciplinary committee deals with complaints regarding the rules of good practice or to high fees. A deadline for complaints applies. The decision may be appealed to the Disciplinary Board. More information is available at www.advokatenhjelperdeg.no.
6 Governing Law and Legal Venue, etc.
Our services, the General Terms and all questions related to the assignment, including, but not limited to, questions regarding liability for NADV-A-A, are governed by Norwegian law. Legal venue for any dispute related to this, shall exclusively be the District Court of Asker and Bærum (Asker og Bærum tingrett), Norway. In case of conflict between the Norwegian and English version of NADV’s General Terms, the Norwegian version shall prevail.
Lysaker, 8 January 2020