These terms and conditions govern all matters for which Advokatfirman Malmstedt Law AB, Company reg. no 559362-0171 (hereinafter “Malmstedt”) and its staff and its partners (e.g. share holders, board members, managing director, employees or consultants) has accepted instructions and form an integral part of Malmstedt’s contract with the client. The assignement is concluded between the client and Malmstedt Law AB only and not between the client and any individual associated with the firm, regardless of whether the assignment is preceded by explicit or inexplicit requests for the services of any particular individual.
Instructions and scope of services
Services rendered by Malmstedt are additionally subject to the Code of Professional Conduct for Members of the Swedish Bar Association. All information and data received from or about the client will be treated in confidence.
We may from time to time amend these general terms and conditions and we will in such cases publish a new version of the terms and conditions on our website. Any amendments to theses general terms and conditions will become applicable to assignments which have commenced after the amended version was published on our website.
Any advice rendered is based solely on the legal situation in Sweden. Malmstedt may however have included also an analysis of EU law and EU legal sources. Any advice concerning other jurisdictions than Swedish, and where applicable, EU, must therefore always be obtained from external counsels or other experts with the necessary qualifications.
Malmstedt does not provide advice regarding tax law or advice in tax related issues (e.g. accounting and bookkeeping legislature).
Malmstedt and the client agree, on an ongoing basis, on the nature of the legal services rendered, the scope of the individual assignments and the involvement of the client or other party.
Malmstedt undertakes to provide qualified legal services punctually and as agreed.
The client will be granted all necessary rights to the written material prepared in the course of Malmstedt’s performance of the task(s) on behalf of the client. However, all copyrights and other intellectual property rights are, and remain, vested in Malmstedt.
External advice and experts
If an assignment requires the assistance of external counsels or other experts Malmstedt could assist you in finding external counsels or experts, and establish contact with them on your behalf. Malmstedt has also the right to engage sub consultances if Malmstedt finds it necessary.
Regardless of whether we maintain direct contact with such external counsels or experts, or if they report directly to you, Malmstedt assumes no liability for any advice or other work product produced by such external counsels or experts. Neither does Malmstedt assume any liability for the referrals to potential external counsels or experts, nor for your decision to engage a specific external counsel or expert.
If external counsels or other experts are engaged by us on your behalf during an assignment, they could be instructed to render their invoices directly to you and you shall effectuate payment pursuant to what has been agreed with such external counsels or experts. Only after separate written agreement will we, as an expense on your account, pay invoices relating to fees and expenses for external counsels and experts.
Fees and payment
Malmstedt fees are based on the scope of work requested, including work outside normal office hours, the importance of the matter to the client, the value added by the services provided by Malmstedt, the responsibility associated with the work, the complexity of the matter, the degree of specialist knowledge required and the result achieved. In cases decided by administrative bodies, arbitration tribunals or the courts, Malmstedt’s fee will constitute at least the amount awarded to the client in litigation costs.
All expenses and disbursements associated with the work performed by Malmstedt, including charges, reasonable travel and hotel expenses, food, extensive photocopying, postage and courier costs as well as external transmission costs will be charged to the client in addition to the fee payable by the client for services provided by Malmstedt.
On acceptance of the client’s instructions, Malmstedt will, on request, give the client an estimate of its fee if possible considering the nature of the services requested. If it is impossible to give an estimate, Malmstedt will inform the client of the basis for the calculation of the fee, e.g. the hourly rates.
Malmstedt generally invoices its services monthly or quarterly in arrears. However, large external expenses could always be subject to advance payment.
The payment terms are 14 days net from the invoice date. In case of late payment, interest will be charged in accordance with the provisions of the Swedish Interest Act. The invoice amount is payable net of any local taxes in the jurisdiction of the client.
All client funds paid to Malmstedt will be managed in accordance with the rules of the Swedish Bar Association and will be deposited in client accounts. Interest accrued will be credited to the client in accordance with the rules of the Swedish Bar Association.
Confidentiality
Everyone at Malmstedt is obliged to observe an extended duty of confidentiality, and Malmstedt adheres to applicable procedures to ensure the effective protection of all confidential information and data.
Everyone at Malmstedt is subject to certain specific rules set out in applicable Sweden legislation prohibiting the disclosure of inside information on listed companies.
Communication
We will primarily communicate with you via e-mail. It could happen that e-mails do not reach the intended recipient (e.g. due to internet failures, administrative errors or spam or anti-virus filters or other security functions). If you send us important or time critical information by e-mail, or if you expect to receive e-mail from us, you are therefore advised to always verify by other means that we have received the information by call us on telephone.
Liability and limitation of liability
Malmstedt, has taken out professional indemnity insurance through The Swedish Bar Association.
The liability of Malmstedt, its partners and staff is limited to the maximum amount of the sum the insurance company has accepted to pay and actually pays (specified by the liability insurance at any given time) through the professional indemnity insurance for a liability matter. The liability towards the client shall also be reduced by the amount due to the client through insurance subscribed to by the client or on the client’s behalf, by amount due to the client by way of other insurance which covers the client, or by amount due to the client under an agreement or other undertaking of indemnity.
If the client wishes to increase insurance amount of Malmstedt it may be done at the client’s expense.
Malmstedt, its partners and staff are under no circumstances liable for any consequential loss or other indirect loss, including operating loss, loss of data, profits, goodwill, image, etc.
In order to be able to invoke a claim against us you must lodge your claim as soon as possible and no later than 12 months after the day when you noted the circumstances on which your claim is based or after reasonable investigations should have noted them. Under no circumstances can a claim be made against us later than 1 year after the advice or other work product that the claim is based was delivered to you.
Malmstedt, its partners and staff are not liable for any errors committed by advisers recommended by Malmstedt, nor are Malmstedt, its partners or staff liable for any errors committed by sub-contractors engaged by Malmstedt.
The limitation of liability applies to all employees of Malmstedt, both currently and previously employed. No person (legal or physical) other than Malmstedt shall be responsible for the services provided unless otherwise stipulated by mandatory law. The limitation of liability and these Terms and Conditions shall however always be applicable and benefit all legal or physical persons associated with Malmstedt (e.g. share holders, board members, managing director, employees or consultants).
Privacy Policy
See www.malmstedtlaw.com for our privacy policy.
Marketing
When a matter on which Malmstedt has rendered advice is disclosed to the public, Malmstedt is entitled to refer to the matter for marketing purposes.
Governing law and dispute resolution
The substantive laws of Sweden are applicable to these general terms and conditions and to each assignment.
Any dispute, controversy or claim arising out of or in connection with these general terms and conditions or an assignment, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the SCC). The Rules for Expedited Arbitrations shall apply. The Arbitral Tribunal shall be composed of one arbitrator. The party initiating arbitrational proceedings shall be liable for the arbitration costs as well as for all its own litigation costs (including but not limited to attorney fees) in arbitrational proceedings. The seat of the arbitration shall be Malmö, Sweden.
Notwithstanding the above, you agree that Malmstedt are entitled to bring court proceedings against you in any court with jurisdiction over you, or if we so decide and at our sole discretion, we should always be allowed to initiate court proceedings against you at the Lund or Stockholm District Court as court of first instance.
These Terms and Conditions are published at www.malmstedtlaw.com. A written copy could be provided upon request.
April 2022