T hese terms and conditions apply to all services provided by Lundberg & Associates AB (“LA”, “us” or “we”), By entering into an agreement with us, you are considered to have agreed to these terms and conditions.
Fees and expenses
We start an assignment by agreeing the price for our services. All fees are exclusive of value added tax, sales tax and similar taxes. Costs for travel or other expenses will be invoiced or we may i) ask you for an advance to cover expenses or ii) forward the relevant invoice to you for payment. In some cases we are legally obliged to provide information to the tax authorities about your VAT registration number and the value of the services we have provided to you. By engaging the us, you accept that we will provide such information to the tax authorities in accordance with current regulations.
Unless otherwise agreed, we invoice each month by sending an invoice by e-mail or by post. In certain cases, we will request a retainer before we commence work. The retainer will be used to settle future invoices. Our total fee for the engagement may be higher or lower than the retainer. Unless otherwise agreed, invoices are due 15 days after the invoice date. Our invoices will be addressed to you. Each invoice states the date it is due for payment. In the event of non-payment, interest on arrears will be charged from the due date until payment has been received in accordance with applicable law.
New customers may be asked for professional references. In certain engagements, we are under a statutory duty to ascertain our clients’ identity and ownership, and to obtain information about the nature and purpose of the matter, before work is begun. We may therefore ask you to provide us with information including evidence of your identity and/or the identity of any other person involved in the matter on your behalf, and, in the case of legal entities, the individuals having ultimate control over them (the beneficial owners), as well as information and documentation showing the origin of funds and other assets. 2 We are also obliged to verify the information provided to us, and for that purpose may obtain information from external sources. We are obliged to retain all information that we have obtained in conjunction with these checks. We are legally obliged to report suspicions of money laundering or financing of terrorism to the relevant financial intelligence unit. We are also prevented by law from informing you of suspicions or that a report has been, or will be, made to the relevant financial intelligence unit. Where there are suspicions of money laundering or financing of terrorism, we are obliged to decline or cease to act in the engagement. 5.4 We cannot be held liable for loss or damage caused to you directly or indirectly by our compliance with the obligations we have considered to be incumbent on us under Clauses 3, 5.2 and 5.3.
We are a controller of personal data provided and obtained in conjunction with engagements or otherwise registered when preparing or administering an engagement. We may also supplement personal data by obtaining information from private or public registers.
Our advice is tailored to the circumstances in the specific engagement, the facts presented to us and the instructions you give us. Accordingly, you may not rely on the advice in any other engagement or use it for any purpose other than that for which it was given. Unless we agree otherwise, our advice in a particular engagement does not include advice on either tax or potential tax implications. Our advice is confined to legal matters in the specific engagement, and insofar as we provide mathematical calculations or express views or mention factors relating to non-legal matters, we accept no liability for any potential consequences of this. Our advice never implies a guarantee of a given outcome.
Limitation of liability
Our liability for loss or damage caused to you due to negligence or breach of contract on our part in performing our work is limited to an amount that corresponds to the lower of 3 times the fee for the assignment and SEK 100,000. We accept no liability to pay penalties or liquidated damages. The Limitation of our also applies to multiple instances of loss or damage if they have been caused by a single act or omission or the same type of act or omission. This applies regardless of when the loss or damage was caused or incurred. Our liability to you is limited to the loss or damage you incur. Among other things, this means that our liability will be reduced by all sums that may be obtained under any insurance maintained by or for you or under any contract or indemnity to which you are a party or a beneficiary, unless it is contrary to your agreement with the insurance provider or third party, or your rights against the insurance provider or third party are thereby prejudiced. We accept no liability towards any third party due to your use of documents or other advice from us. If, at your request, we agree that a third party may rely on a document produced by us or on advice provided by us, this will not increase or otherwise affect our liability, and we will only be liable to that third party to the extent we are liable to you. Any sum paid to a third party as a result of that liability will reduce our liability to you correspondingly and vice versa. If it is separately agreed that a third party may rely on a document produced by us or on advice provided by us, no client relationship will arise between us and that third party.
Working with other advisers
We have an extensive network of other advisers. If we instruct, engage and/or work together with other advisers, those advisers will be considered to be independent of us and we assume no responsibility or liability for recommending them to you or for advice given by them, unless we specifically agree otherwise. This applies whether the adviser has given the advice directly to you or via us. We do not accept liability for fees or expenses charged by such advisers, whether paid by us and charged to you as disbursements or whether forwarded to you for payment. Any authority to instruct advisers includes authority to accept a limitation of liability on your behalf. When we instruct other advisers we may, at your request, obtain fee quotes from them and/or agree fee arrangements with them. Although we will assist you in any discussions with other advisers, we do not assume any responsibility for such quotes and/or arrangements. If another adviser’s liability to you is more limited than our liability, any liability we may have to you as a result of any joint and several liability that we may have with the other adviser will be reduced by the compensation we would have been able to recover from that adviser if its liability to you had not been so limited (regardless of whether that other adviser would have been able to pay the compensation to us).
Intellectual property rights and confidentiality
Copyright and any other intellectual property rights in all work results that we generate for you belong to us, although you have the right to use the results for the purposes for which they are provided. Unless otherwise agreed, no document or other work result generated by us may be generally circulated or used for marketing purposes. If you permit us to engage or work with other advisers on the engagement, we are entitled to provide them with material and other information that we consider may be relevant so the adviser can advise or perform services for you.
Complaints and claims
No claim may be made more than six months after the date the last invoice was issued for the engagement to which the claim refers. If we or our insurers pay compensation to you for any claim, then, as a condition of the payment, you will be obliged to transfer the right of recourse against third parties by way of assignment or subrogation to us or to our insurers.
We communicate with you and other parties involved in an engagement in a variety of ways, including via the internet and e-mail. Although these are effective means of communication, they may involve risks for which we cannot accept any responsibility. During an assignment we may store documents and work results produced by us or by you or a third party electronically for easy access to information. After an engagement has ended, we will keep (and/or store) in a cloud-based service all relevant documents and all relevant work results generated in the engagement for a period we consider appropriate for the particular type of engagement.
These terms and conditions may be amended by us from time to time. The latest version is always available on our website.
These terms and conditions have been produced in Swedish and English and the Swedish version prevails.
Swedish law governs these terms.