Terms of Service Agreement


Introduction

This End-User License Agreement (Agreement) is between the business or individual accepting this Agreement (this business or individual being you) and Djar-EY (referred to as "we”, “our”, or “us”). This Agreement is solely between you and us, and governs your use of our software application (the “Dashboard”) and the corresponding services it provides. Kindly review this Agreement. You agree to be bound by the terms of this Agreement when you click "Accept and Submit" or otherwise download, install, copy, or use the Dashboard, and must accept this Agreement before doing so. If you do not agree to the terms of this Agreement, you must not download, install, copy or use the Dashboard. The Services will be subject to the terms and conditions below.

Scope of work and nature of services

The proposed Services are categorised into two phases:

(A) Phase A: Trial Period

For a defined period of time (specified in weeks) to be agreed with us, you will be provided an account to gain Dashboard access. The Dashboard allows its users to look at aggregated data for the period 2017 to date and filter down to analyse data by region, location, typology, size, bedrooms, and other metrics (e.g. Eur/sqm; average prices). The Dashboard and its visualisations will be delivered using Microsoft Power BI software, and will be hosted on EY’s Power BI Service cloud-based environment. The Dashboard will present aggregated information which can also be filtered down into desegregated form, and will include information such as:

  • Prices
  • Location
  • Typology
  • Number of Bedrooms
  • Status (finished/on plan)
  • Metrics/ statistics that can be derived from the above characteristics (e.g. Eur/sqm ; Average prices, price distributions)
This data is collected from publicly available sources by Djar, and we are not responsible for the accuracy of the data at source. This data will enable users to analyse data trends over time, as well as the very latest data for the market. The Dashboard’s features will support you in analysing the latest overall residential market trends and situations, as well as zooming into specific market segments such as within geographical regions, localities and/or property typologies.

(B) Subscription basis (optional)

Following the trial period, and following receipt and discussion of any feedback you might wish to share with us, the Dashboard can be modified and upgraded further to meet your needs, and the parties can agree to an ongoing subscription basis to this updated Dashboard.

Timetable

This Agreement commences when you accept and submit the dashboard trial form (by clicking on “Accept and Submit” from the Djar website.

Fees

For the purposes of this engagement, we are proposing the following fee structure:

Phase A

Trial Period: given this is a trial period, no charges will be applicable.

Phase B (optional)

Following the expiration of the trial period, we will be able to provide a fee quote if the user wishes to continue having access to the Dashboard.

General terms and conditions

  1. We reserve the right to refuse service to anyone, for any reason, at any time.
  2. We may promptly suspend or terminate your use of the Dashboard if:
    • You violate this Agreement's terms;
    • We believes your use of the Dashboard may lead to damage of reputation or intellectual property rights;
    • We suspend or terminates its agreement(s) with any third party involved in providing the Dashboard;
    • You exceed normal and reasonable usage for the Dashboard;
    • You are using the Dashboard for any fraudulent, illegal, or unauthorized purpose, or engage in willful misconduct with respect to use of the Dashboard.

Tools

In performing these services, we are making the Dashboard available to you. We may also make use of certain technologies, techniques, hardware, software, spreadsheets, models, templates, digital platforms and tools, which are developed by and proprietary to or licensed by us, to facilitate our delivery of the services. Subject to the terms and conditions of this Agreement (and to any applicable additional terms and conditions, which may include third party license agreements), as part of our services we may allow you to have access to the Dashboard and its contents. To the extent we do so, any such access to and use of the Dashboard is subject in all respect to the terms and conditions set forth in this Agreement. Any breach of the provisions of this agreement may result, in our sole discretion and without limitation, in the suspension or termination of your access to the Dashboard.

Intellectual Property Rights

The Dashboard is confidential and proprietary to or licensed by us All intellectual property rights in the Dashboard, and in any modifications to it created by us under this Agreement, belong to us. You shall have no right to (and shall not), and you shall not permit any third parties to, sub-license, copy, adapt, reverse engineer, decompile, disassemble or modify any software or information used in the Dashboard in whole or in part, or in any way derive any source code from, or create any derivative work of, the Dashboard.

No Warranties

The Dashboard is provided “AS IS,” and we make no warranties, express or implied and whether by statue or otherwise, with respect to the Dashboard. You acknowledge that you shall be solely responsible for your use of the Dashboard. No responsibility or liability is or will be accepted by us in connection with your use of the Dashboard, including but not limited to the adequacy, accuracy, or completeness of the Dashboard or the output of the Dashboard or any conclusions or decisions that you reach through your use of the Dashboard.

Use of the Dashboard

You may use the Dashboard only in connection with our services under this Agreement and you represent and warrant for yourself and on behalf of your authorized users that you will not use the Dashboard (a) in any way that breaches any applicable law or regulation; (b) in any way that is fraudulent or has any fraudulent purpose; (c) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time bombs, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Data Content

To the extent that as part of the provision of our services we use publicly available information or other third party sources, we will not verify the accuracy, reliability or completeness of such information or sources. Data residing in or accessed through the Dashboard may be hosted on servers in the United States or the European Union. If we are required to enter into contracts which prevent the transfer of data to either of these locations or which otherwise limit our ability to share information, we may not be able to allow access to such data or otherwise share information with you via the Dashboard.