TERMS OF BUSINESS FOR LEGAL SERVICES – KOMPASS ADVOKAT AB
These terms of business (the Terms) shall apply to all assignments submitted to Kompass Advokat AB (Kompass) by a client, unless otherwise agreed in writing between the client and Kompass.
The Terms may be amended from time to time. Such amendment will enter into force thirty days after the client has been notified of the amendment. The latest version of the Terms is always available on Kompass’ web page: www.kompassadvokat.se/terms (in English) and on www.kompassadvokat.se/villkor (in Swedish).
The Code of Professional Conduct for Members of the Swedish Bar Association (Sw: Sveriges advokatsamfunds vägledande regler om god advokatsed) (the Code) applies to all legal services performed by Kompass. The Code, which is available on www.advokatsamfundet.se, shall take precedence over these Terms.
2. Scope, execution, etc.
Kompass continuously agrees with the client on the scope and nature of the legal services, and of the client’s and any third party’s involvement.
The client gains access to Kompass’ all lawyers and aggregate expertise through the lawyer engaged in an assignment. Based on the nature of the assignment, several lawyers may work together in each assignment.
Kompass manages any funds that the client may entrust to Kompass in accordance with the Code. Kompass further reminds the client that each assignment is subject to confidentiality obligations by Kompass. However, Kompass may in some cases be obliged to report certain information about the client due to applicable rules on the prevention of money laundering.
3. Fees, costs, payment etc.
Unless otherwise agreed, Kompass will issue invoices monthly in arrears for performed legal services in accordance with the currently applicable hourly fees for the lawyers involved in the assignment. The fees may be adjusted with respect to the nature, scope and significance of the assignment, the time spent on the assignment, the experience, skill and urgency required to perform the assignment and the results of the performed legal services. Furthermore, Kompass reserves the right to compensation for reasonable costs and expenses relating to an assignment, such as for copying, courier- and travel expenses, reasonable hotel expenses and for fees paid to authorities and courts. Kompass may choose to invoice fees and other compensation after the completion of the assignment.
Kompass shall have the right to charge advance payment for fees and other compensation relating to an assignment. VAT will be added to the fees and other compensation. A penalty interest of two percent per month will be added to invoiced amounts that are not paid within thirty days from the date of the invoice. Kompass further reserves the right to charge the client for fees for payment reminders and debt recovery costs.
A client may at any time terminate an assignment by giving written notice thereof to Kompass. The assignment shall otherwise terminate when the agreed legal services have been completed and full payment has been made. Kompass shall have the right to resign from an assignment when allowed under the Code, or if an invoice is not paid in time.
5. Conflicts of interest
The rules on conflicts of interest in the Code shall apply to the assignment and to the relationship between the client and Kompass.
Kompass, which is covered by a obligatory liability insurance, shall be responsible for damages suffered by the client only if the damages are caused by Kompass. Kompass’ liability shall in no case exceed the amount insured and paid under the obligatory liability insurance at the time of the damaging event.
7. Intellectual property rights
Copyright and other intellectual property rights regarding any work results generated by Kompass on behalf of the client belongs to Kompass. The client may only use such work results for the purposes for which they were provided, which excludes use for marketing purposes or to distribute the work results to the general public.
8. Preservation of documents, other information and electronic communications
Documents and work results that Kompass, the client or a third party has produced, is stored by Kompass as hard copies and/or by electronic means during the assignment.
After the completion of the assignment, Kompass will maintain relevant documents and work results generated during the assignment as hard copies and/or by electronic means. Documents and work result will be stored for the time required by the Swedish Bar Association’s Code of Conduct.
All original documents are sent to the client at the termination of the assignment, unless otherwise agreed. Kompass retains copies of the original documents.
As many other companies, Kompass stores data through Microsoft cloud services, as per the Swedish Bar Association’s guidelines for using cloud services. Since spring 2018 the United States Federal Law (Clarifying Lawful Overseas Use of Data Act or CLOUD Act) gives U.S. authorities certain limited opportunities to, in special cases, access data stored at Microsoft. If you as a client want to ensure that your information is not disclosed by Microsoft, we can store data regarding your case locally, upon your request.
Kompass primarily uses electronic communications in its contacts with clients and other actors. A client can request that communication with Kompass should not be done electronically or that electronic communication should be encrypted.
9. Personal data processing
For information on how Kompass stores information about client’s and employees’ data, go to kompassadvokat.se/dataprotection. The client is responsible for providing this information to employees whose personal data is processed by Kompass.
10. Dispute resolution
Swedish law and jurisdiction shall apply to all assignments performed by Kompass. All disputes arising out of or in connection with an assignment shall be referred to a general court.
If you are a consumer and have a claim against us due to our services, you can (under certain conditions) contact the Swedish Bar Association’s Consumer Disputes Committee. Address: Box 27321, 102 54 Stockholm, website: www.advokatsamfundet.se/konsumenttvistnamnden.
Updated: April 21, 2020