LAW FIRM INTERJURIS DA
GENERAL TERMS AND CONDITIONS.
1. General
These General Terms and Conditions shall apply to all services rendered by InterJuris. The partner receiving the engagement shall be the responsible partner, unless it is agreed, that mainly another partner (the responsible partner) shall handle the engagement.
Our assistance is limited to matters subject to Norwegian law. We will not consider tax or duty issues related to the engagement unless this is specifically stated in a written agreement. Our advice is based on the specific facts provide, and our advice should therefore not be utilized for any other purpose than the engagement.
2. Control of information.
According to the Norwegian law on money laundering , we normally have to control client information, including control of identity. The client is obligated to contribute to such control.
3. Duty of Confidentiality.
Unless otherwise specifically agreed, our lawyers are entitled to share information received from clients to the extent necessary for the performance of our work. All our employees have a general duty of confidentiality. Nevertheless, we shall be entitled to exchange information with other advisors of the client and others when necessary for the performance of the engagement. The client must provide information on any limitations in our right to exchange information in writing.
We shall also be authorized to give information to public authorities when we are obligated to do so according to statutory law. Norwegian lawyers are obligated to inform authorities of transactions that gives us reason to believe that clients are involved in money laundering or financing of terrorism. We are not allowed to inform the client of such reporting.
4. Personnel data.
In order to perform our work, we may have to handle personnel data, including, if necessary, specific categories of such data, always in compliance with the Norwegian law and regulations on the handling of Personnel data. Third parties, such as counter parts, courts and public authorities may be given access to such information when necessary. The client is entitled to information with respect to the personal data we have received, and is also entitled to rectify faulty or insufficient information. Data controller is the manager of InterJuris, and any questions may be directed to the responsible partner. You may confer our Privacy Notice on our web page.
5. Conflict of interest, right to withdraw.
Our statement concerning conflict of interest in the Engagement Letter is based on the accuracy of the information received from the client. If any new parties later becomes involved in the subject matter, the responsible partner shall be informed as soon as possible. We reserve the right to withdraw from the subject matter if a conflict of interest should arise.
The client shall provide information on facts with respect to the subject matter as complete as possible. The client shall not withhold any written or oral information that the client reasonably understand can have an impact on our evaluation of the subject matter. InterJuris shall evaluate the client’s legal position and make proposals on how to handle the matter. If the client and InterJuris cannot agree on how to proceed, we may withdraw, in our sole discretion, from further assistance by way of termination according to section 15 below.
6. Other advisors.
The client may if need be request us to engage other advisors, including foreign legal advisors. Such engagements always take place on behalf of the client. The client only shall be liable for costs and fees due to such advisors, even if the formal engagement is arranged by InterJuris or the responsible partner.
7. Liability and limitations.
Attorneys at law are obligated to maintain liability insurance. The attorneys at InterJuris each maintain insurance at NOK 8 million. Unless otherwise provided by statutory law, the liability of our attorneys shall be limited in accordance with the insured amount. The partners of InterJuris has no liability as participants in InterJuris if one partner is liable (responsible partner), jointly and severally with InterJuris.
Neither InterJuris, nor the responsible partner, is liable for the result of any court dispute, or for the quality of the advice given by other advisors. Clients cannot claim the InterJuris or the responsible partner shall be jointly and severally liable with such advisors. InterJuris, any partner or the employee shall be liable for indirect loss or consequential damages, such as, but not limited to, operating losses, loss of earnings and profit, loss of goodwill. Furthermore, we have no liability for any use of any advice rendered if used for any other purpose than the engagement.
InterJuris is not liable for any errors made by advisors or subcontractors to whom we have referred any part of the engagement in understanding with the client.
8. Communication with the client.
InterJuris wish to inform that electronic communication (e-mail/telefax) is vulnerable, and third parties may obtain access to such communication. If necessary to secure confidentiality, we may secure information by encryption or censor strips. Unless otherwise agreed, all correspondence will be provided by non- encrypted e- mail.
9. Immaterial rights.
We have copyright and other immaterial rights to documents and other products we develop in connection with the engagement. Documents and products must not be used in any other context than the engagement without our prior written consent.
10. Fees and costs.
InterJuris normally base legal fees on time consumed and agreed hourly rates, but may also to some extent take the degree of difficulty, importance to the client, and the result of our assistance into consideration when determining the total legal fees. TVA will be added with some exceptions if the service provided is for use outside Norway only. In addition to legal fees, we will invoice out of pocket and travel expenses, copying, and other expenses directly incurred in connection with the engagement. A specification will follow our invoices.
11. Hourly rates.
The hourly rates agreed may change without notice every six months. Time spent will normally be invoiced at minimum 15 minutes.
12. Invoicing, consequences of late payment.
Legal fees and expenses will normally be invoiced monthly in arrears, but the responsible partner may decide to invoice less frequently if found more practical.
InterJuris may invoice late interest in accordance with the Norwegian law on interest on late payments if our invoices are not paid when due. We may also suspend work on the subject matter if our invoices are not paid when due. InterJuris shall also be entitled to compensate outstanding invoices by way of set- off against funds the client may have on our client account.
To the extent permitted by Norwegian law, InterJuris may withhold documents as security for payment.
13. Retainer.
A retainer may be agreed at the commencement of our services. If not, we reserve the right to demand payment of a reasonable retainer to our client account at any time during our handling of the subject matter. InterJuris shall not be under obligation to commence or continue to provide assistance if a requested retainer have not been received.
14. Legal protection insurance.
If the client has legal protection insurance covering the subject matter, the responsible partner shall be informed as soon as possible. InterJuris will if requested, assist in obtaining coverage, but any such coverage shall not release the client from covering all our legal fees and expenses until covered by the insurer. The same shall apply if another third party has committed to cover the clients legal fees and expenses.
15. Litigation and litigation costs.
Norwegian attorneys at law are liable for the courts fees and cost in connection with litigation. A retainer specifically addressed at such costs may therefore be required before InterJuris shall initiate litigation. In connection with arbitration, we shall normally require that the client provide security directly to the arbitrator(s).
Litigation and arbitration always involves risk, and attorneys at law will not be liable for the outcome of such proceedings. A successful party may be awarded costs, but there are numerous exception, especially if the matter is considered questionable.
16. Complaint, disciplinary authority.
Complaints concerning invoices or complaint concerning the performance of an attorney at law should be directed as soon as possible to the responsible partner or the manager. We will immediately consider any complaint.
Complaints may also be directed to the Disciplinary Complaint Board of the Norwegian Bar Association. A complaint must normally be filed within six months after the client became aware of the facts supporting the complaint.
17. Termination.
The client may terminate this engagement at any time by written notice to the responsible partner. InterJuris may similarly terminate this engagement if the client provides incorrect or inadequate information, does not accept our advice, does not pay invoices when due, or a situation occurs that makes it unreasonable to continue the engagement. The responsible partner shall provide, irrespective of termination, reasonable assistance to avoid that the client suffer immediate loss of a legal right or position. At termination, the client shall pay all legal fees and costs, whether due or not, incurred prior to termination. We may withhold documents received as security for payment.
18. Archive.
Unless otherwise agreed, InterJuris will store the documents on the subject matter for ten years. We will thereafter shred the documents and remove them from electronic storing devices. Originals of agreements and other documents, which creates legal rights, will be delivered to the client. We will only keep copies.
19. Law and jurisdiction
Norwegian law shall govern the agreement between the client and InterJuris.
Any dispute between us arising out of or in connection with the agreement, which cannot be solved amicably, shall be referred to the exclusive jurisdiction of the City Court (Tingrett) of Kristiansand, Norway.