These general terms and conditions apply to all assignments handled by Kaski Law Ltd (“Kaski Law”). Exceptions or additions to the terms and conditions can be agreed on a case-by-case basis.
Assignments
Scope of Advice: We provide legal advice based on Finnish law and only in relation to the assignment at hand. We are not liable if our advice is used for any other purposes. If we provide our opinion of the content of the law of another jurisdiction, it must be confirmed by a law firm from that jurisdiction or understood as common sense evaluation of the situation. We do not provide financial advice nor are we liable for the tax consequences of an assignment, unless otherwise agreed with you. We cannot guarantee the outcome of an assignment. We have the right to refuse to take on an assignment. Claims and rights under the assignment agreement cannot be transferred to a third party.
Information Required before the Assignment: Before agreeing on the assignment, you must provide us with certain information. We use this information to check that we have no conflicts of interest preventing us from taking on the assignment. We are also required to confirm that you have no connections to money laundering or the financing of terrorism and confirm that you are not subject to any trade sanctions.
Termination of Assignments: You can terminate your assignment by written notice to us. In some cases, we also have the right or obligation to withdraw from an assignment. You are obligated to pay our fees and expenses that have accrued prior to the notice of termination.
Fees and Expenses
Basis of Fees: We offer a variety of pricing models depending on the scope of services. Our applicable fees are usually set forth in our written offer. If we have not agreed on other fee structures, our fees are based on the applicable hourly rates. We charge our reasonable expenses arising from the assignment, such as for travel and accommodation and software. We will agree on the use of third-party experts with you in advance.
Fee Estimate: Upon request, we will provide estimates of our fees. Estimates are always based on the information available at the time. We cannot predict the actions of, for example, the opposing party or the authorities. We will inform you without delay if our estimate needs to be adjusted.
Invoicing and Delays in Payment: We invoice monthly. Our payment terms are 14 days net. We are entitled to claim interest for payments that are past due. If you do not pay our invoice in time, we are entitled to terminate the assignment.
Confidentiality and Personal Data
Confidentiality: The parties shall maintain the confidentiality of any information received from the other party that is marked confidential or that should be understood to be treated as confidential. The parties shall disclose and use such information only for the purposesfor which they were intended.
Disclosure of confidential information within a party is permitted on a need-to-know basis, and disclosure by Kaski Law to third parties is permitted based on your express or implied consent for the purposes of providing services to you. Disclosure of confidential information is permitted if required by applicable laws. Any confidentiality obligations shall remain in force regardless of any termination or expiry of our engagement. The parties are entitled, within the limits of applicable laws, to retain also after termination of the engagement copies of information which has been received, generated, or delivered in relation to an engagement.
Use as Reference: Unless otherwise agreed, we are allowed to mention the assignment and use a general description of it in our offers and potential submissions to publications ranking law firms. In transaction assignments, we may also mention you as our client and provide a general description of the assignment on our website, marketing material and social media. We only use public information or information that we have your permission to us.
Personal Data: We process personal data as a controller as defined in data protection acts and regulations. More information on our processing of personal data is available in the privacy notice on our website.
Limitation of Liability
Limitation of Liability: Our maximum aggregate liability arising out of or in connection with any services provided under any contract with you and/or these terms, shall be limited to (a) the agreed aggregate fees payable for the respective services, or (b) one hundred thousand (100,000.00) euros, whichever is lower. The amount of our liability shall be reduced by any amounts that you may obtain from any insurance coverage, or from any contractual or indemnity undertaking made in favor of you. We shall not in any event be liable for any (a) losses of profit, revenue, contracts, goodwill or data, or for any (b) indirect or consequential damages or losses.
Time Limit for Claiming Damages: You must make your claim for damages within 12 months either from the date the advice leading to the damage was given or from the end of the assignment. The time limit begins to run from the earlier of the two times mentioned above. If you do not make your claim within the above time limit, we are not liable for damages.
Applicable Law and Dispute Resolution
Governing Law: Our terms and conditions and our assignments are governed by the laws of Finland.
Disputes: Any dispute, controversy or claim that may arise out of or in connection with these terms (and/or any contract between you and Kaski Law under which any services are provided to you by Kaski Law) or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The seat of arbitration shall be Helsinki, Finland.
Undisputed Receivables: We are entitled to bring claims regarding our undisputed fees, costs and expenses to the Helsinki District Court or to the competent court of your domicile.