General Terms, from 12 December 2018
The following terms apply to all of Tax & Legal Advokatfirma DA’s (below called TLA or we) services. We will normally appoint one attorney who will be the Attorney in charge. We may appoint another attorney as the Attorney in charge for a specific part of the case. The Attorney in charge can get assistance from other attorneys in TLA.
TLA’s services are provided exclusively for the client, under the specific Assignment. TLA’s assessments are given based on the present law in force and the circumstances of each case, including the instructions and the information we receive, which we assume is correct and complete. TLA’s services cannot be applied in other cases or used for other purposes. Our assessments are exclusively based on Norwegian law.
The client is responsible for fees, expenses and disbursements related to the Assignment. Our fee is hourly based and depending on the personnel working on the Assignment. The hourly rates are normally adjusted annually. The client is notified in advance of significant expenses or disbursements.
We will normally invoice on a monthly basis. Invoices can be sent electronically. VAT is added according to applicable law. Our invoices are due 10 days after date of invoice. Interest on overdue payments will apply.
TLA’s fees, etc, shall not be limited if the client, in e.g. a judgment or decision, is awarded less legal costs than TLA’s fees, etc. TLA’s fees, etc, shall not be affected by limitations in the client’s right to demand compensation for legal costs, e.g. according to the rules regarding small claims. Please note that the client in legal proceedings can be made responsible for the opponent’s legal costs and fees, in arbitration cases even other fees, e.g. the judges’ salaries and court expenses. The client is responsible for such costs.
The client is responsible to examine if the client has a right to insurance coverage or other third party coverage, and claim it.
TLA use electronic communication, including non-encrypted e-mail. We cannot be held responsible for the risk inherent in such communication, e.g. viruses or the risk that the addressee does not receive such communication.
Attorneys have a duty of confidentiality. The client accepts, however, that we communicate confidential information to personnel in TLA and to persons engaged by the client. TLA share some office facilities with two law firms and are thus legally committed to include these law firms in the conflict of interest test.
By law, TLA are required to store documents and information for a period after the completion of the Assignment. After the expiry of the period, we will destroy the material without further notice.
The client agrees that personal information is handled in accordance with the Personal Data Act (Personopplysningsloven). The information will only be communicated to other parties, such as the opposite party, courts and public bodies, to the extent it is in accordance with the fulfillment of the Assignment, or prescribed by law.
Property rights, etc.
TLA retains the copyright and all other intellectual rights related to what we produce for the client. The client can only use what we have produced for the purposes they are intended.
Liability, limitation of liability, etc.
A claim from the client against TLA, the Attorney in charge or other Attorneys in TLA, below collectively referred to as TLA-AA, is in total for TLA-AA limited to the lesser of
- The client’s documented direct net loss,
- 25 times TLA’s fee, or
- NOK 5,000,000.
In no circumstances shall TLA-AA be responsible for:
- Indirect loss, including, but not limited to, loss of income, profits, or consequential damages,
- Loss of client funds due to causes attributable to the bank,
- Losses or costs resulting from errors committed by advisors TLA-AA have suggested that the client may use,
- Losses or costs resulting from errors of sub-contractors TLA-AA, in agreement with the client, have entrusted a part(s) of the Assignment to, or
- Another outcome of a case than what TLA-AA have indicated.
Limitation of liability according to the Norwegian Courts Act (domstolloven) sec. 232 (5) is agreed.
The client has no right to let others make use of the services, reports or products we have developed. TLA-AA cannot be held responsible for another or others’ use of it. Furthermore, the client shall indemnify TLA-AA from any claim resulting from such use.
TLA-AA 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 TLA-AA, TLA-AA’s share shall be limited to what can reasonably be attributed TLA-AA’s services, even if the client cannot recover the rest of the claim against the others, regardless of the reason for this.
If TLA-AA pay compensation for damages to the client, the client shall transfer the rights to recover from others to TLA-AA. If the client’s claim against TLA-AA is based on a claim from a third party (eg. public authority) TLA-AA shall have the right to handle and settle the claim on behalf of the client, if TLA-AA indemnify the client. If the client pays, settles or acknowledges liability for a third party claim without TLA-AA’s prior written consent, TLA-AA shall have no liability to the client.
Right to submit a complaint
Rules of Good Legal Practice drawn up by the Norwegian Bar Association, and information regarding complaints, can be found at www.advokatenhjelperdeg.no
Governing Law and Legal Venue, etc.
TLA’s services, the General Terms and all questions related to TLA’s assignment, including, but not limited to, questions regarding liability for TLA-AA, 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 TLA’s General Terms, the Norwegian version shall prevail.
Billingstad, 12 December 2018