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TERMS AND CONDITIONS OF BIDRENTO

The Terms of Use regulate the use of Bidrent OÜ, registry code 14446981, address Suur-Patarei tn 27-7, Tallinn, 10415 (“Bidrento”) on the management software platform www.pro.bidrento.ee (“BidrentoPro”, “Service”).

By registering as a user of the Service (“User”), you agree to these terms. If you do not agree to the terms, you are not entitled to use the Service.

  1. Service

Bidrento offers reliable management software for rental property management and administration. Bidrento is an information society service provider and is not considered to be a broker or agent of the tenant or landlord.

  1. Users

The BidrentoPro platform is offered with functionality that is technically possible on the platform at the time of use. The service is used by tenants and landlords (including tenants of rental real estate). Landlords can view tenant profiles and make inquiries about tenant defaults. If the tenant does not have an Estonian personal identification code, the payment default request cannot be made. Through the BidrentoPro platform, tenants can view information on lease agreements, provide monthly examples of incidental expenses and view rental invoices. To do this, it is necessary to fill in the tenant’s profile form with personal data (see also the section on Protection of Personal Data) or send an invitation to use the BidrentoPro platform to the landlord.

  1. Protection of personal data

Personal data and their processing are defined in the General Data Protection Regulation (GDPR (EU) 2016/679) and the requirements set out therein apply.

Personal data is all data that is collected and created within the Service and that is directly or indirectly related to a specific natural person.

The User is the chief processor of the personal data processed in the Service and Bidrento is an authorized processor.

The user undertakes:

– keep the personal data received through the Service confidential and not copy or otherwise reproduce them.

– ensure that it has a legal basis for the processing of personal data entered on the BidrentoPro platform.

– ensure that individuals are informed and transparent about the details and technical means of processing their personal data, as well as the use of sub-processors, in accordance with data protection.

Bidrento undertakes:

– process personal data only for the purposes, composition and volume necessary for the provision of the Service, service support and service development.

– implement appropriate organizational and technical security measures to prevent unauthorized access, damage, erasure or other unauthorized processing of personal data.

– ensure the confidentiality of personal data processed in the Service.

– ensure that personal data protection and information security measures equivalent to those set forth in this Agreement are applied to its sub-processors through contractual agreements as such sub-processors are used to provide the Service.

– obtain the prior written consent of the User for the involvement of sub-processors. The user does not exclude the involvement of a sub-processor without good reason. Written consent is not required for the sub-processors listed in the Annex to this Agreement (such information may also be provided on Bidrento’s website or disclosed to the User during negotiations).

– not to transfer personal data outside the territory of the EU without a sufficient legal basis.

– inform the User if he / she receives a request from a person regarding his / her personal data. Bidrento does not respond to a person’s request without the User’s prior written consent. Taking into account the nature of the processing, Bidrento assists the User as far as possible with appropriate technical and organizational measures to fulfill the User’s obligation to respond to the person.

– notify the User without undue delay by e-mail after becoming aware of the personal data breach and reasonably co-operate with the User due to the personal data breach (including when preparing a notification to the supervisory authority). Notification The user will be notified no later than 48 hours after becoming aware of the violation.

Liability for personal data

Contractual liability is governed by the provisions of the “Liability” clause, which are not separately regulated in the “Personal Data Protection” clause.

Bidrento shall only be liable for damages caused in the course of the processing of personal data if it has not complied with the requirements of this agreement, which are specifically addressed to Bidrento, or if it has acted in violation of the law.

Bidrento shall not be liable for breach of contract if it proves that it is in no way liable for the event giving rise to the damage.

If the User or Bidrento has fully compensated the damage caused to the person, the respective party who has fully compensated the damage has the right to recover from the non-compensated party the part of the compensation corresponding to the part of the damage for which the non-compensated party is liable.

Return and deletion of personal data

Upon termination of the Service or upon reasonable request of the User, Bidrento and its sub-processors will return or delete all personal data related to the Service. The decision on whether to return or delete data is made by the User.

Bidrento does not undertake to comply with the requirement to return or delete personal data if it is prohibited by law. In such a case, Bidrento undertakes to maintain the confidentiality of the User’s data and to return or delete them after fulfilling the obligation arising from law.

  1. Entering into a lease agreement

When finding a suitable tenant, the landlord will contact him or her and, if desired, enter into a lease agreement.

Bidrento is not a party to the lease and is not responsible for the actions or omissions of the tenant or the landlord. Bidrento does not guarantee that the landlord will find a suitable tenant on the platform. Nor does Bidrento promise that the tenant will be able to find a suitable rental object.

  1. User account

The user is responsible for using the user account. The User undertakes to immediately notify Bidrento of any misuse or suspicion of misuse of the User Account, loss of passwords or possession by third parties.

The User is prohibited from transferring files containing viruses or malicious software code through the Service.

The User may not submit false information on the Service. Bidrento does not check the accuracy of the data provided by the User and is not responsible for incorrect data. Bidrento may suspend the right to use the Service if the User violates the Terms.

The User can use the BidrentoPro platform during the term of the Agreement.

The parties regard the functionality of the BidrentoPro platform as know-how and a trade secret subject to a usage restriction. The parties agree that the User does not develop or order from third parties software solutions that are identical or similar to the BidrentoPro platform. In case of violation of the set conditions, the User must compensate Bidrento for the damage caused.

  1. Cost and payment of the service

The fee for using the service is published in the price list, which is published on Bidrento’s website. The Parties may agree on the fee for the Service in a separate written form by agreement or in another manner that allows for written retransmission (for example, by e-mail). Bidrento may change the price list by notifying the Customer thereof 60 calendar days in advance.

The User pays a fee for the services provided on the basis of the service once a calendar month. The term for payment of the invoice is seven calendar days from its submission. Bidrento has the right to demand from the Customer a late payment interest of 0.1% of the unpaid amount per day for late payment of the invoice.

Recurring and periodic prepay invoices will be issued to the User (“Billing Cycle”). Billing cycles are determined either monthly or annually, depending on the package selected by the User. The fee paid for the service will not be refunded, incl. if the User cancels the agreement before the end of the Billing Cycle.

  1. References

The User agrees that Bidrento may publish information about the User (including the use of the User’s trademark) in marketing materials and on the website for the purpose of introducing Bidrento customers and use cases of the BidrentoPro platform.

  1. Intellectual property

Bidrento owns the exclusive intellectual property rights to the texts, graphics, trademarks, know-how, databases, software, etc. of the BidrentoPro platform. Bidrento does not grant the User the rights to use intellectual property rights, except to the extent necessary for the use of the Services.

The User grants Bidrento the right to use, under a simple license, photographs, diagrams, drawings, text, etc., which the Users add to the platform. Bidrento uses the Works to use the Works to provide the Service. The license is valid as long as the works are stored on the BidrentoPro platform.

  1. Technical conditions

Bidrento aims to provide the User with the best quality and security of the Service, but Bidrento cannot guarantee that the BidrentoPro platform will be uninterrupted, timely or error free at all times. The Service is provided with a quality that is technically made available to the User at the time of using the BidrentoPro platform (“as is”).

Bidrento shall not be liable for technical obstacles and damages arising from the use of the Service, including if it is caused due to the actions or omissions of the web hosting, internet service provider or other service provider (incl. Third party software services).

  1. Liability

Bidrento is not responsible for:

  • the accuracy of the information provided by the landlord and the tenant;
  • the accuracy of the data contained in third party payment default reports and public databases;
  • errors in third party software services interfaced with the BidrentoPro platform;
  • the tenant’s solvency and payment discipline;
  • performance of the lease agreement;
  • for damage arising in the course of performance of the lease agreement;
  • for damage to the landlord or tenant during the use of the platform;
  • temporary technical errors, deficiencies and interruptions on the platform. The respective circumstances shall not be considered a breach of contract.

Bidrento shall not be liable for any damages incurred by the User due to the use, impossibility of use, interruption, change, destruction or deletion of data if such event occurred for reasons beyond Bidrento’s control, including if the BidrentoPro platform functions cannot be used due to third party software service errors. Bidrento shall not be liable for any indirect damage to the User, including lost income. The maximum liability of Bidrento for total damages is EUR 200.

The user is aware that Bidrento is not liable for breach of contract between the landlord and the tenant or for damage caused to the landlord by the tenant. Bidrento is not liable for damage to or loss of the landlord’s property.

The user is aware that third party software services are interfaced with the BidrentoPro platform and that Bidrento cannot influence the quality of such software services. Bidrento is not responsible for correcting any deficiencies in the third party software service.

  1. Other provisions

Bidrento may suspend the User’s right to use the Service if the User violates these terms. If Bidrento restricts the right to use the Service, Bidrento is not obliged to compensate the User for any damage or expenses that may arise from it.

Bidrento may change the terms of use at any time by notifying the User 14 days in advance. If the User does not agree with the new terms of use, he must delete the user account. If the User does not delete the account, it is considered that he has agreed to the new terms.

Bidrento may regularly terminate the Agreement at any time by giving 90 calendar days’ notice to the other Party.

The law of the Republic of Estonia applies to the terms of use. Disputes are resolved through negotiations, and if this fails, the dispute is resolved in Harju County Court.

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