General Terms for Engagement
1.1 These general terms apply to the Engagement (”Engagement”) that Svalner Skatt & Transaktion i Malmö AB or Svalner Skatt & Transaktion I Helsingborg KB (”both Svalner”) is performing on behalf of The Client (”Client”) in accordance with the separate Letter of Engagement (“Letter of Engagement”).
1.2 In the event that these General Terms and the Letter of Engagement conflict, the terms in the Letter of Engagement apply.
2. Fees and payment terms
2.1 Fees and payment terms are included in the Letter of Engagement. In addition to Fees, Svalner shall invoice The Client for expenses and costs related to the Engagement including expenses for application and registration fees and expenses for travel, meals and lodging. Should Svalner’s services be subject to VAT the Client agrees to pay the tax.
2.2 Svalner reserves the right to, in addition to what is stated in the Letter of Engagement, invoice for fees, expenses, and costs resulting from a change in the circumstances, written or oral requests for additional services or other circumstances that were unforeseen when the Letter of Engagement was entered into.
2.3 Invoices shall be paid in accordance with the terms designated in the invoice. After the due date interest will be charged on the overdue balances in accordance with the Swedish laws on interest rates.
3. Carrying out the Engagement
3.1 Svalner shall carry out the Engagement with the accuracy, care and expediency that a Client has reason to expect from a reputable company in the industry.
3.2 Consulting services provided in conjunction with the Engagement will adhere to Swedish laws and not any other legal standard unless expressly stated in the Letter of Engagement.
4.1 The Client agrees to, upon request from Svalner, provide the information necessary to carry out the Engagement. Svalner will not independently verify the information it receives from the Client. Svalner reserves the right to assume that the information provided by The Client is complete and correct. Svalner is not responsible for drawing conclusions or making recommendations that are based on incorrect or faulty information that is provided by The Client or a third party authorized by The Client to provide information.
4.2 Svalner is not responsible for delays not caused by Svalner’s negligence. Svalner is not responsible for any costs to The Client that are incurred because The Client or a third party authorized by The Client delay in providing information or The Client or a third party entrusted by The Client do not undertake measures that are necessary for Svalner to be able to carry out the Engagement.
5.1 Svalner reserves the right to remove personnel involved in the Engagement, as stated in the Letter of Engagement, and replace them with another staff member that Svalner deems appropriate for carrying out the Engagement.
5.2 Svalner shall, after conferring with The Client, consult outside experts if Svalner deems it necessary to be able to carry out the Engagement. The Client is responsible for the outside experts’ fees and the expenses incurred from the Engagement.
6.1 Svalner agrees to not reveal the existence of the Engagement or confidential information about The Client’s operations or situation without the Client’s consent, as long as it is not critical for Svalner to do so to be able to carry out the Engagement. Svalner’s employees are bound during and after their employment by a confidentiality clause that covers information about Svalner’s Clients and the Engagements performed on their behalf.
6.2 ”Confidential information” refers to all information relayed orally or in writing that is of a technical, financial or commercial nature. Exceptions include information that:
– is public knowledge or will become public knowledge in a way other than through a breach of the confidentiality agreement in accordance with 6.1 above;
– Svalner received from a third party that is not bound to a confidentiality agreement in accordance with 6.1 above and
– That Svalner must provide in accordance with the law, professional liability, or to meet a decision made by the authorities or court decision.
7. Materials created as part of the Engagement
All materials such as sample agreements and reports that are created as part of the Engagement and all other materials that Svalner gives The Client while carrying out the Engagement may be used only by The Client within its organization and may not be given to a third party unless it is necessary to carry out the Engagement.
8. Premature termination
8.1 The Client has the right to terminate the Engagement before it is completed and without citing a reason.
8.2 Svalner retains the right to, without having to pay compensation to The Client, terminate the Engagement if,
- a) The Client has not made payments in accordance with the terms on invoices.
- b) Svalner, after having begun the Engagement, finds that the circumstances are such that had Svalner known about them before accepting the Engagement should have declined the Engagement.
- c) The Client does not meet its obligations as stated in the Letter of Engagement and these General Terms.
8.3 In the event that the Engagement is terminated prematurely Svalner has the right to receive full compensation for the work performed and the expenses accrued for the Engagement.
9. Limited Liability
9.1 Svalner is not responsible for damages caused by Swedish or foreign enactments, measures issued by Swedish or foreign authorities, acts of war, strikes, blockades, boycotts, lockouts or similar circumstances. The clause referring to strikes, blockades, boycotts and lockouts also applies if Svalner is at the center of such measures or undertakes such industrial actions.
9.2 Svalner shall not compensate The Client for damages that arise for reasons other than those referred to in 9.1 if Svalner exercised normal prudence. Svalner is not in anyway responsible for a drop in production, profits that have failed to appear or other types of indirect damage to The Client. Svalner’s liability is limited to the highest of the two following amounts; an amount that corresponds with the fees for the work performed relating to the Engagement or an amount that corresponds to ten times the applicable basic amount in accordance with the law (1962:381) on general insurance.
9.3 If there are obstacles created by the circumstances referred to in 9.1 that prevent Svalner from carrying out its work the work will be postponed until the obstacles are removed.
If a claim of any type that is assignable to the carrying out of the Engagement is made against Svalner by a third party The Client shall compensate Svalner for the damages Svalner may have incurred while carrying out the Engagement. The Client will also compensate Svalner for this work and expenses including, court costs and legal fees that relate to the claim made against Svalner. Svalner will not be indemnified if the claim was due to Svalner’s negligence while carrying out the Engagement.
11. Client owned documents
When the Engagement is concluded or prematurely terminated Svalner shall, without delay, return all original documents belonging to The Client if it is necessary for The Client to retain the original documentation.
If one of the conditions contained in these General Terms or in the Letter of Engagement are invalid these General Terms and/or the Letter of Engagement shall not be considered invalid in their entirety. Rather, reasonable modifications, so that neither party’s rights or liabilities are affected, shall be made to the General Terms and/or the Letter of Engagement.
13. Applicable legislation
Unless stated otherwise in the Letter of Engagement, Swedish law shall be applied to the Engagement.
Disputes in connection with the Engagement shall be resolved through arbitration in accordance with the laws for The Arbitration Institute for the Stockholm Chamber of Commerce.
The general data protection regulation (GDPR) protects individuals fundamental rights and freedoms. Especially their right to protection of personal data. GDPR applies throughout the EU and aims to create a consistent and equivalent level of protection of personal data. Svalner handle your data in constancy with GDPR when The Client entrust Svalner with personal data.
15.1 Svalner shall treat The Client´s personal information primarily to fulfil obligations towards The Client. Svalner aims to handle no more data than what is needed for the Engagement.
15.2 The Client has the right to request access to personal information and obtain information including personal data is stored at Svalner.
15.3 Svalner only process personal data on legal grounds and when needed for the performance of obligations under the Engagement. Examples of personal data Svalner may process:
Date of birth
Credit card numbers and other related information.
15.4 Svalner Skatt & Transaktion i Malmö AB is the data processor, which means that Svalner is responsible for how The Clients personal data is processed.