These Terms and Conditions ("Terms") apply to any assistance provided by CO:PLAY Law Firm ("CO:PLAY") unless we have agreed in writing that other terms are to apply. 

All our attorneys are licensed by the Ministry of Justice in Denmark. In addition, we employ a number of business law specialists, other advisors and administrative  employees, who provide advice and services on the same terms as our attorneys and assistant attorneys. 

Unless we have agreed otherwise in writing, our fee will be determined on the basis of the relevant hourly rates for the persons who have contributed to solving the assignment and after an overall assessment of: 1) the time spent, 2) the complexity of the assignment, 3) whether the assignment has required efforts under considerable time pressure or outside normal working hours, 4) the importance of the assignment to your business, 5) the responsibility associated with solving the assignment, and 6) the result achieved. 

When determining the fee for work carried out by our administrative employees and employees who are not attorneys, we will also fix the fee on the basis of the above parameters for their independent case work and general and administrative work. 

If an assignment is urgent and it has been agreed with us to calculate our fees based on time spent only, and it involves compulsory work outside of normal working hours in Denmark (8 a.m. to 6 p.m.) or during weekends or bank holidays, we are entitled to increase our regular hourly rates by (i) 50% for work between 6 p.m. and 10 p.m. and between 6 a.m. and 8 a.m. during weekdays and (ii) 100% for work between 10 p.m. and 6 a.m. on weekdays as well as during weekends and holidays.

If we have agreed a fixed price or estimated the price of an assignment, the price is conditional on the assignment being solved within the estimated time and that no circumstances appear which will complicate the  assignment or which we could not reasonably have been foreseen. However, we are obliged to inform you immediately if we discover that a fixed price is exceeded, or if an estimated price is exceeded by more than 20%.

We usually issue an invoice when the assignment has been completed. If an assignment is carried over into the next month, an invoice may be issued by the end of each month. Furthermore, an invoice will be issued on certain occasions, e.g., after the filing of a pleading. Some services are invoiced in advance, and we are always entitled to ask for advance payment and effect a set-off against any amount deposited with us. We are entitled to send invoices by email only. Any special requests concerning invoicing, including a request for electronic invoicing or a certain number of credit days, will only apply if this has been accepted in writing by CO:PLAY.

Generally, CO:PLAY does not incur disbursements on behalf of clients. If we incurdisbursements, we are entitled to refund on demand or to effect a set-off against any amount deposited with us. 

Time spent on transport is invoiced at our standard hourly rates, unless otherwise agreed. Transport costs are invoiced on the basis of the rates fixed by the Danish State or the actual expenses paid, including for accommodation and meals and refreshments. 

Payment of invoices is due within eight days of the date of invoice. However, invoices concerning disbursements fall due for payment on receipt of the invoice. In case of delayed payment, we are entitled to stop all work for you without further notice and to charge interest from the due date. We are entitled to charge a fee for sending reminder letters based on the rates fixed pursuant to legislation. 

When undertaking an assignment, we will check for any loyalty conflicts or conflicts of interest, and in case of such a conflict, or if a conflict arises during the process, we will refer you to another attorney. 

We have taken out insurance with HDI Global Specialty SE, Indiakaj 6, 1., DK-2100 Copenhagen, under policy number 156-76215291, and we are liable for damages pursuant to the general rules of Danish law. However, any liability for damages is limited to the maximum coverage provided under the insurance. In the case of CO:PLAY, the liability for damages is limited to a maximum of DKK 100 million per year and DKK 5 million per attorney per year, and CO:PLAY is not liable for any higher amount for a damage. Other simultaneous claims against CO:PLAY may reduce this maximum amount. CO:PLAY’s liability does not include consequential financial loss, operational loss, loss of profits, loss of goodwill, expenses to restore data or loss of data, image or other types of indirect loss. Only the person to whom or business to which we have directly provided services may claim damages. 

We will keep confidential any information we receive unless such information is not confidential under the circumstances, or if we are required by law to disclose such information. If possible, we will inform you at the latest when we disclose such information to a third party. 

We mainly provide services to businesses, who are not data subjects under data protection law. However, we do receive/collect, as a data controller, certain personal data from the business/the employer about persons who are/are to be associated with the business/the employer, or from persons who request to participate in one of our events (courses and seminars). The collected personal data typically include a) general identity and contactinformation (name, email, job title and phone number), b) civil registration number and c) copy of national health insurance card and passport. 

The purpose of collecting these personal data are i) to deliver our services, including to manage our relation with the business, ii) to make entries in public registers, iii) to comply with the legal obligations we are subject to, e.g. legislation to prevent money-laundering and iii) executing our events. 

We process personal data confidentially and only disclose them to third parties if required in order to comply with the purposes above, or if we are obliged to disclose them to or share them with public authorities. 

We have established and will maintain adequate organizational and technical measures in order for such personal data not to be accidentally or illegally deleted, deteriorated or lost, disclosed to unauthorized third parties or in any other way be misused or used contrary to the data protection legislation. 

Personal data to be used for providing services will in general be deleted ten years after our client relationship with your employer/business or you terminates in order to comply with our obligations pursuant to the ethical rules for attorneys and the Danish Limitation Act. However, personal data processed for the purpose of complying with the Danish Anti-Money Laundering Act and the Danish Bookkeeping Act will be deleted five years after our client relationship terminates. If you have registered for one of our events, the personal data will be deleted when the event has been held and evaluated. 

According to the rules in the data protection legislation, you have the right to request access to the personal data we process about you and, in certain cases, to object, request rectification or request erasure of the personal data. You also have the right to receive the personal data that you have provided in a structured, commonly used and machine-readable format. If you disagree with the way we handle personal data, you also have the right to lodge a complaint with Datatilsynet, Borgergade 28, 1300 Copenhagen K.

If we are entrusted with funds, such funds will be deposited in a client account with Danske Bank A/S. The funds will be administered according to the rules of the Danish Bar and Law Society. We are entitled to affect a set-off of outstanding balances owed to us in client funds deposited with us. If a bank goes bankrupt, client funds are comprised by the Danish Act on a Depositor and Investor Guarantee Scheme, however, only EUR 100,000 per client per bank is covered, We are not liable for loss of client funds as a result of a bank's bankruptcy or similar.

If our bank calculates negative interest rates for deposits in our client account, we are entitled to pass this charge to our client. 

We are entitled to request an advance deposit before we commence an assignment. Advance deposits will be treated as client funds until the assignment is invoiced. 

In order to avoid financing of terrorism etc., all Danish lawyers are subject to a strict set of rules, which require us to obtain information about the identity of our clients. For companies, this includes information about the persons who are the ultimate owners of more than 25% of a company. Thus, if so requested by us, clients are obliged to procure the necessary identify information and documentation. As a client, you are obliged to inform whether an ultimate owner or a member of management is a politically exposed person, a related party of a close co-operation partner of a politically exposed person. A politically exposed person means a person who has one or more public functions. The Danish Financial Supervisory Authority's list of persons who are PEPs in Denmark is available here.

The identity information will only be processed and stored for the purpose of preventing money laundering and avoid financing of terrorism and will be stored for at least five years after termination of the client relationship, pursuant to the act. 

We are entitled to invoice a fee for our work in performing such identity check. 

All our employees are subject to current legislation on prohibition against disclosure of insider information regarding listed companies pursuant to the prohibition against insider trading in the Danish Securities Trading Act. 

Any legal action against CO:PLAY shall be submitted to the Copenhagen City Court and be settled pursuant to Danish law. This also applies if you are a foreign national and/or the legal services are to be used abroad or cause damage abroad. 

We communicate by email unless otherwise agreed. Our emails are encrypted with TLS v. 1.2, unless the e-mail server on which you receive e-mails cannot handle such encryption in which case the e-mails will be sent unencrypted. E-mails will also be encrypted if required pursuant to applicable law. Our systems are checked for viruses, malware etc. according to recognized standards, but we assume no liability for emails or attached files not containing any harmful viruses etc. We therefore recommend that you check all emails and attached files for harmful viruses etc. before opening them. 

We are entitled to withdraw from any assignment in case of an overdue, unpaid invoice, or if a requested advance deposit has not been paid. We furthermore reserve the right to withdraw from an assignment, if the assignment in our opinion does not benefit you as a client, or if you do not provide the requested assistance for the assignment. 

Attorney letters will be prepared when we receive a request from you or your accountant. Attorney letters will be invoiced according to the time spent, however, at least DKK 1,500 ex VAT. 

Intellectual property rights to material developed by CO:PLAY belong to CO:PLAY unless otherwise agreed. 

Upon effective payment of the agreed fee, the Client obtains a time-indefinite, nontransferable and non-exclusive right to use our deliveries in his/hers business and the right to make changes to them.

As any other Danish law firm, CO:PLAY is subject to the rules of the Danish Bar and Law Society regarding complaints. 

If you are dissatisfied with our work or fees, please contact us. If this does not resolve the disagreement, you can bring the matter before the Danish Bar and Law Society by sending a letter or e-mail to: Advokatnævnets sekretariat, Kronprinsessegade 28, 1306 Copenhagen K, Tel: +45 33 96 97 98, E-mail: klagesagsafdelingen@advokatsamfundet.dk.