General terms Aagesson & Flodin AB 559148-5924 and AA&F Juridisk Byrå Handelsbolag 969756-1380, last updated 2018-03-02
This document is a translation of the Swedish original. The Swedish version shall be the sole authentic version and, in the event of discrepancies, it shall prevail.
The term ”Client” shall, in this document, be understood as the person or company that give the “Firm” an assignment. The term ”Firm” shall, in this document, be understood as Aagesson & Flodin AB. All assignments constitutes an agreement between the firm and the client. In all agreements the legal person Aagesson & Flodin AB (the Firm) is the party to the agreement.
If nothing else is agreed in a seperate written agreement. These terms are applicabale in every interaction between the Client and the Firm. The Client agrees to these terms by assigning the Firm.
The Client assigns the Firm by either oral or a written request for advice, consultation, legal representation or any other service the Firm provides. The agreement is valid from the assignment until further notice. The Client is aware that the Firm may need a written power of attorney to be able to fulfil the assignment.
- INFORMATION FROM THE CLIENT
The client is obligated to provide the Firm with all the information regarding the assignment that is available to the Client. The Client is also obligated to provide the Firm with all information and documentation that the Firm considers important for the fulfilment of the assignment. The Client is responsible for the correctness and reliability of the provided information and documentation. The Client is also responsible for any information and documentation provided via a third party unless the assignment expressly includes the Firm to gather and take responsibility for that information and documentation. If the Client requests the return of provided documentation the Firm shall release it to the Client. The Firm however has the right to keep copies of all documentation. If the Client does not provide the Firm with information and documentation as stated above the Client is obligated to cover all expenses resulting from not providing the information.
- FULFILMENT OF THE ASSIGNMENT
The Firm decides by whom and how an assignment shall be fulfilled. The Client is not allowed to involve a third party in the fulfilment of the assignment without the Firms approval. Extern consultants or lawyers is not engaged by the Firm on behalf of the Client. The Firm shall obtain the Clients confirmation and approval before performing tasks that is outside the limits of the assignment, unless the task is within the known purpose of the assignment and it can be regarded as necessary to perform the task, or if there is risk of imminent danger if the task is not performed. The Firms advise and consultation is always adapted to the unique circumstances in every case, the information provided by the Client and applicable law. The Client is aware that the advise and consulatation given in a certain unique case can not be applied to other cases outside the boundaries of the assignment.
- COMMUNICATION OVER THE INTERNET
The Firm applies a number of ways of communication with the Client and others involved in the assigned case. One of the applied ways of communication is over the internet either by e-mail, skype or other messenger services. Communication over the internet can involve safety issues. The Firm are not responsible for any damages to the client caused by communication over the internet. If the Client does not wish to communicate with the Firm over the internet the Client has to inform the Firm about this. If the Firm is not informed then the Client is considered to agree to communication over the internet.
The Firm applies full confidentiality when fulfilling the assignment. The Exception is when applicable law or applicable code of ethics demands the Firm to disclose information or documentation. If required the Firm can also use the information and documentation provided by the client when acting on the Firms own behalf in criminal, disciplinary or other legal proceedings.
The IP Rights resulting from work results, generated documents, computer programing and/or any other generated information during an assignment is the property of the Firm. The firm is not responsible for damages resulting from the Client or a third party using material owned by the Firm.
Clients book meetings via e-mail or telephone. The client has to cancel a booked meeting 24 hours before the appointment. If the client does not cancel the appointment without an acceptable reason the client will be charged one (1) hour fee.
The fee shall always be in accordance with the assignment. The Client is charged for all work performed by the Firm. Besides writing legal documents, work in court and meetings this can include telephone conversations, e-mail conversations, other correspondence with authorities and courts, drafting of documents, review of documents and agreements etc. If nothing else is agreed the Client is charged either monthly or in advance or a conto. The client always receives a final invoice when the assignment is concluded. When the assignment is concluded the Client has to pay the Firm for all work performed by the Firm regardless of outcome of the assignment. Some of the Clients costs may be covered by the Clients insurance in such cases the Client will have to pay the deductible amount to the Firm.
If no other payment terms is agreed the payment shall be available in the specified bank account ten (10) days after the date of the invoice. Interest on overdue payments is according to Swedish law (räntelagen) but shall newer be lower than 12 %. The Firm also has the right to charge the Client a reminder fee and other collection fees.
- ASSIGNEMNT CONCLUTION
The given assignment shall be concluded within reasonable time or according to a specific time frame stated in the agreement between the Firm and the Client. If the Firm finds it necessary, with regard to the complexity of the assignment, to prolong the time frame the Firm has the right to do so. The Firm has the right to end the assignment according to the regulations stated by the Swedish bar association. This means that the firm can end the assignment if the Client does not pay the charged fee in the right time, if the Client provides false information or if there for some other reason no longer is a satisfactory trust between the Firm and the Client. The Client can end the assignment at any time.
Complaints against the firm shall be issued within thirty (30) days from the time that the issue was first noticed, and at the latest ninety (90) days after the assignment was concluded. The firm are never liable for damages that has been reported after ninety (90) days has passed since the assignment was concluded. Complaints from the Client does not exempt the Client from paying the charged fees. A complaint shall be in writing and expressly state the issue the complainant addresses.
- DATA PROTECTION (GDPR): The Firm handles personal data according to GDPR. The personal data that the firm usually needs to fulfill the assignment is; Name, e-mail adress, home adress, phone number and personal identification number. The firm use this information only to fulfill the assignment. The Firm does not collect and archive personal data that is not essential for the assignment. For the most part the use of personal data is based on agreement between the Firm and the Client. When the client provide personal data to the firm in order to get advice och legal assistance the Client and the firm enters a binding agreement. The firm will then handle the provided data in order to fulfill the agreement. In other cases the Firm handles personal data based on consent. By contacting the Firm and providing personal data the Client also consent to the Firms handling of the data in order to fulfill necessary actions as a consquence of the Clients contact. The Client is Always free to revoke the consent.
- LIABILITY:The firm shall undertake the assignment after the best of its abilities regarding available knowledge and withholding a high moral and ethical standard. The Firm cannot guarantee be a specified outcome of an assigment and cannot be held liable for a specified outcome of the assignment. The Firm is never liable for damages resulting out of incorrect information or documentation provided by the Client or provided by public authorities. The Firm is never liable for damages caused by following law regulations. The firm is never liable for damages exceeding the amount charged to the client unless the reason to the damages are that the Firm has provided the Client with the wrong information or the wrong advice intentionally or by wilful negligence. The Firms liability is in any case limited by and can never exceed the amount payable by the Firms liability insurance. Information about the firms liability insurance can be provided upon request.The Client may not, without the Firms written approval, disclose any information provided in reports, memorandums, recommendations or other written or oral advice provided by the Firm. The Client may not use any information or/and documentation provided by the Firm outside the agreed assignment unless the information and/or documentation has been provided with the purpose to do so. The Firm is never liable for damages resulting out of the use of any material, documents etc., produced by the Firm, being used without the boundaries of the assignment and/or without the Firms knowledge. The Client is liable to keep the Firm from damages caused by the Client providing the Firm with false and/or incorrect information or documentation. And damages caused by the Client withholding necessary information or documentation. The Client is also liable to keep the firm from damages resulting from the Client disclosing any information provided by the firm to a third party without the Firms approval.
- DISPUTE RESOLUTION
Swedish law is applicable to any agreement and assignment carried out by the Firm. In the event of dispute the matter shall be settled by the district court in Gothenburg (Göteborgs tingsrätt)