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Evergreen Engagement Letter

Evergreen Engagement Letter Template for Denmark

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Evergreen Engagement Letter

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This Evergreen Engagement Letter is designed for use in situations requiring a formal, ongoing professional services relationship under Danish law. It serves as the primary agreement between professional service providers and their clients, establishing the framework for continuous service provision. The document is particularly useful when parties anticipate a long-term relationship without a predetermined end date, requiring flexibility while maintaining clear terms and conditions. It incorporates essential elements required by Danish legislation, including data protection requirements, professional service standards, and contract law principles. The template includes comprehensive provisions for service delivery, fee structures, termination rights, and professional obligations, making it suitable for various professional service arrangements from consulting to advisory services. This type of agreement is commonly used by professional service firms operating in Denmark who need to establish clear, legally compliant terms for their ongoing client relationships.
Suggested Sections

1. Parties: Identification of the service provider and client, including full legal names, registration numbers, and addresses

2. Background: Context of the engagement and general purpose of the professional relationship

3. Definitions: Key terms used throughout the engagement letter

4. Scope of Services: Detailed description of the professional services to be provided on an ongoing basis

5. Service Provider's Obligations: Key responsibilities and commitments of the service provider

6. Client's Obligations: Key responsibilities and commitments of the client, including information provision and cooperation

7. Fees and Payment Terms: Fee structure, payment schedule, and terms for fee adjustments

8. Term and Termination: Duration of engagement and termination provisions, including notice periods and consequences

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Data Protection: GDPR compliance and data processing terms

11. Liability and Indemnification: Limitations of liability and indemnification provisions

12. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction for disputes

Optional Sections

1. Intellectual Property Rights: Required when services involve creation or use of intellectual property

2. Insurance: Specific insurance requirements, relevant for high-risk or regulated services

3. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term engagements

4. Non-Competition: Required when protecting against competitive activities is necessary

5. Assignment and Subcontracting: Include when transfer of rights or use of subcontractors needs to be addressed

6. Service Levels: Required when specific performance metrics need to be maintained

7. Compliance with Laws: Detailed compliance obligations for regulated industries

8. Dispute Resolution: Alternative dispute resolution procedures, if preferred over standard court proceedings

Suggested Schedules

1. Schedule A - Detailed Service Description: Comprehensive list and description of all services covered by the engagement

2. Schedule B - Fee Schedule: Detailed fee structure, rates, and payment terms

3. Schedule C - Key Personnel: List of key team members and their roles in the engagement

4. Schedule D - Service Levels: Specific performance metrics and service level agreements if applicable

5. Schedule E - Data Processing Agreement: Detailed GDPR-compliant data processing terms and conditions

6. Appendix 1 - Communication Procedures: Protocols for routine communication and escalation procedures

7. Appendix 2 - Reporting Requirements: Format and frequency of required reports and updates

Authors

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Relevant legal definitions
Agreement
Services
Deliverables
Service Provider
Client
Charges
Confidential Information
Business Day
Commencement Date
Force Majeure Event
Intellectual Property Rights
Key Personnel
Personal Data
Service Levels
Service Location
Schedules
Applicable Law
Change Request
Notice
Professional Standards
Representatives
Service Hours
Term
Working Hours
Client Materials
Data Protection Legislation
Fees
Good Industry Practice
Service Specification
Termination Notice
VAT
Material Breach
Additional Services
Engagement Letter
Client Group
Service Provider Group
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Contracts Act (Aftaleloven): Primary legislation governing formation and validity of contracts in Denmark, including rules about offer and acceptance, authority, and invalid contracts
Danish Administration of Justice Act (Retsplejeloven): Governs legal proceedings and dispute resolution, relevant for jurisdiction and enforcement clauses
Danish GDPR Implementation Act (Databeskyttelsesloven): Implementation of EU GDPR in Danish law, crucial for data processing and privacy provisions in the engagement
Danish Marketing Practices Act (Markedsføringsloven): Regulates business-to-business and business-to-consumer relationships, including rules about fair business practices
Danish Limitations Act (Forældelsesloven): Governs limitation periods for claims, important for long-term engagement relationships
Danish Business Act (Erhvervsloven): General provisions regarding business operations and commercial relationships in Denmark
Danish Payment Services Act (Betalingsloven): Regulates payment terms and conditions, relevant for fee arrangements and payment provisions
Danish Bookkeeping Act (Bogføringsloven): Requirements for record-keeping and documentation, relevant for billing and service documentation
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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