General Terms of Service
The purpose of these General Terms of Service is to define the terms and conditions under which AdBooks (“AdBooks”) provides services to users. Any use of one of the services offered by AdBooks will be governed by these General Terms of Service.
Definitions
- Subscription to AdBooks: Refers to all types of subscription agreements or subscriptions by the User to the services (as defined below) offered by AdBooks, including the services provided through the website and software (as defined below).
- Editorial Content: Refers to all information that AdBooks makes available to users.
- Personal Data: Refers to the personal information provided by the User during registration on the website (as defined below) and/or in the context of using the services (as defined below).
- Intellectual Property Rights: Refers to trademarks, domain names, copyrights, designs, patents, database rights, or any other intellectual property rights used by AdBooks and necessary for its activities as a service provider.
- Form: Refers to the registration or information request form that the User must complete to use the services (as defined below) after reading these General Terms of Service.
- Hypertext Link: Refers to the reference system materialized by words, icons, or logos that enables a user to click and navigate from one document to another on the same webpage or from one webpage to another webpage.
- Services: Refers to all services, including paid services, offered by AdBooks to users via its website https://adbooks.co and its software (as defined below).
- Website: Refers to the website made available to the public by AdBooks via the internet at the URL https://adbooks.co (or any subdomains of the website) and includes the software solution provided by AdBooks (the software as defined below).
- Software: Refers to the web application (called the AdBooks software solution) for managing offers and invoices in the construction sector (for contractors, micro-enterprises, and small and medium-sized enterprises in the construction and public works sectors) available to users on the website and enabling them to use the services.
- User(s): Refers to a capable individual over the age of 18 and/or a company registered in the commercial and business registry using the services, website, and software.
1. Registration on AdBooks
The equipment (computer, software/applications, telecommunications resources, etc.) required to access the services is the sole responsibility of the User, as well as any telecommunications costs incurred from using the services.
Each User guarantees that the data provided to AdBooks is accurate and up to date. Each User agrees to provide a valid email address, which the User is the rightful owner of.
AdBooks is not, under any circumstances, responsible for the loss or forgetfulness of the User’s username and/or password. If the User uses their AdBooks account in a manner contrary to its usual purpose, AdBooks reserves the right to terminate or suspend the account without prior notice. The User is solely responsible in the event of (i) fraudulent or non-fraudulent use of their identification elements (username and/or password) by third parties, or (ii) any use, action, or statement (false or not) made by third parties through their account.
Furthermore, AdBooks, which does not have means of securing the identity of users registering on the website, is not responsible in the case of identity theft by third parties. If the User believes that a third party is using their account or identity, the User must immediately notify AdBooks via email at info@adbooks.co.
AdBooks reserves the right to deactivate user accounts that have remained inactive for a period of more than one (1) year.
3. Acceptance of These General Terms of Service
The User declares that they have read and explicitly and unconditionally accepted these General Terms of Service, which are in effect on the date of access to the website, software, and subscription to AdBooks. If the User does not agree with these Terms of Service, they should not use the website, software, and services, nor should they register on the website. Registration for one or more Services, as well as the use of the Website and Software, require the User’s full acceptance of these General Terms of Service.
4. Modification of the Website, Software, Services, and These General Terms of Service
AdBooks reserves the right to modify or change the pages of the website, software, services, their prices, or terms of use at any time. These modifications will come into effect as soon as they are posted online on the website, without affecting the User’s ability to cancel their subscription to the website and services at any time. It is the User’s responsibility to regularly check the latest version of the General Terms of Service, which is continuously available on the website. Any use of the Services after the modification of the General Terms of Service implies the User’s full acceptance of the updated General Terms of Service.
5. Use of the Website, Software, and Services
After registration, the User will have access to the Services. The price and payment terms for different services are available on the website when presenting and using the services to which the User wishes to subscribe.
In the context of using the website, software, and services, the User specifically agrees to comply with the following rules:
- Respect intellectual property rights related to content provided by AdBooks.
- Never redirect the functionality of the website and/or software from its original purpose.
- Do not overload the Services in any way without the prior written consent of AdBooks.
6. Subscriptions and Other Services
6.1 Payment Methods, Promotional Codes
Payments for AdBooks subscriptions by users are made via credit card, direct debit, or direct bank transfer. AdBooks (company name: Admonet LLC) uses the payment processor Stripe, Inc. for receiving credit card payments for AdBooks subscriptions.
AdBooks and/or its partners may provide users with promotional codes. The use of such promotional codes is strictly personal and may only be used by the specified Users for the purpose of obtaining benefits, for either a limited or unlimited period, including but not limited to:
Other free or discounted offers.
Discounts on the monthly or yearly subscription amount for AdBooks.
7. Partners
AdBooks offers a partner program on its website, where each user has the opportunity to become a sponsor (“Sponsor(s)”) by promoting the Software and services to potential customers with the goal of bringing new or potential (future) users of the services, website, and software to AdBooks in exchange for a commission. AdBooks also allows individuals or legal entities who are not Users (“Affiliates” and “Resellers”) to bring new or potential customers (future users of the services, website, and software) to AdBooks in exchange for a commission. Sponsors, affiliates, and resellers will collectively be referred to as “Partners” and individually as a “Partner.”
Commissions are paid on a fixed date, the 10th of each month, via bank transfer or PayPal (the minimum commission amount required to request payment from AdBooks is 50 EUR). Commissions may vary depending on the Partner and can either be in the form of recurring payments, applying a certain percentage on the turnover generated by the new users brought in, or in the form of a one-time, fixed “oneshot” payment for each new user referred.
In the case of proven fraud by a Partner (e.g., fake customers, poor quality traffic, etc.), AdBooks reserves the right to block the account of the said Partner and/or freeze the payment of their commissions.
8. Intellectual Property Rights
The User acknowledges that AdBooks is the sole owner of the intellectual property rights related to the website, software, and editorial content.
Nothing in these General Terms of Service can be interpreted as granting the User a license to the intellectual property rights that AdBooks may own or have exclusive rights to.
Trademarks, logos, graphics, photographs, animations, videos, and texts found on the website are the intellectual property of AdBooks or its partners and may not be reproduced, used, or presented without the explicit written permission of AdBooks, under penalty of legal action.
AdBooks grants a license to use the software only for a limited, non-transferable, and non-exclusive period.
9. Security
AdBooks commits to:
A. Ensuring the physical security of its IT facilities and equipment, with user data stored on servers located in data centers that are highly protected with the highest security and redundancy standards. Data is hosted by Proceau SARL, headquartered at 24 Boulevard des Freres Voisin 92310 Issy-Les-Moulineaux, France, with servers located in France.
B. Protecting access to AdBooks‘s IT facilities and equipment to prevent unauthorized access by third parties.
C. Protecting its software infrastructure with firewalls and monitoring systems.
D. Regularly updating the software to ensure application-level security and reduce the risk of security breaches.
AdBooks also ensures data access security through encrypted data exchanges using certificates between its website and the user’s browser, as well as authentication via URL, username, and password.
10. Data Retention and Backup
AdBooks commits to ensuring that data stored on the website is protected in accordance with applicable laws. However, AdBooks does not assume any obligation for data archiving and further commits not to retain data beyond the legally required retention period, depending on the purpose for which the data was collected.
Users can delete any data stored on their account at any time by deleting their account. Additionally, AdBooks will delete all user data 12 months after the expiration of their subscription for any reason.
Users can export their data following the methods and procedures described by AdBooks on the website.
In the context of free AdBooks account usage, if the free account has not been used for 12 months, AdBooks may delete the data without prior formal notification.
11. Hypertext Links
The website contains hyperlinks to websites managed by third parties. AdBooks has no control over these sites and cannot take any responsibility for their content. Specifically, AdBooks does not provide any guarantees regarding: the truthfulness, timeliness, quality, completeness, and accuracy of the content of indexed websites; the relevance and completeness of indexed websites; or any difficulties in accessing or operating these websites.
12. Liability
The user acknowledges that AdBooks has no control over the transmission of data via public communication networks, such as the Internet, and over the operation of these networks. Therefore, the user recognizes and accepts that AdBooks cannot guarantee the confidentiality of data during its transmission over public networks. Accordingly, AdBooks cannot be held responsible for illegal acquisition, interception, damage to data, or any other event that could affect it, which occurs during its transmission over public telecommunications networks.
AdBooks is also not responsible for any damage caused by difficulties in accessing the website, software, or services due to (i) interruptions in the operation of network operators or Internet access providers, (ii) network congestion, (iii) failure in the user’s computer equipment and/or improper use or manipulation of the website and/or software, particularly if done contrary to the General Terms of Service, (iv) error or negligence of the user, (v) use of the website, services, and/or software in connection with programs not provided or approved by AdBooks, (vi) using the website, services, and/or software in an environment or according to a configuration that is not in accordance with AdBooks’s recommendations or that contradicts the General Terms of Service.
AdBooks assumes no responsibility for the quality and/or legality and/or compliance with the law of content not created by AdBooks (for example, invoices created by the user with the help of the software, but not compliant with the law due to, for example, the user deleting parameters such as payment dates, late payment penalties, etc.), and AdBooks cannot be specifically held responsible for the dissemination of data by the user in violation of third-party rights.
User Liability for Damage
The user is solely and exclusively responsible for any damage (including material damage/economic or financial damage such as client loss, financial loss, lost profits, loss of opportunity for financial gain, etc.) suffered by the user, their customers, or any third party, resulting from any error or inaccuracy (content, information, data, figures, total amounts, etc.) appearing on any document (e.g., an offer or invoice, etc.) (i) issued by the software, (ii) manually sent by the user to their clients, and (iii) used directly or indirectly by the user, their customers, and/or any third party.
Before proceeding with any transmission, the user must verify that the content of the documents issued by the software and intended for their users is completely accurate. In case the user detects any error or inaccuracy in the aforementioned documents, the user must refrain from sending these documents to their customers and report the errors to AdBooks as soon as possible.
AdBooks Liability
AdBooks’ liability in relation to its subscription to the AdBooks platform is limited to compensation for direct damage and, in all cases, is capped at the maximum amount corresponding to the license fees paid by the user to AdBooks for the twelve (12) months of subscription preceding the occurrence of the damage.
Under no circumstances can AdBooks be held liable for consequential damages, including but not limited to lost profits, loss of margins, exploitation, loss of commercial activity, revenue, clients (including reputational damage and brand image).
The user guarantees AdBooks against any recourse or actions by anyone who considers themselves harmed by the publication of data or information on the website.
Compliance with Applicable Laws and Regulations
AdBooks undertakes to comply with and apply all applicable legal and regulatory provisions relating to the mandatory use of software for VAT fraud prevention by professionals subject to VAT (NF 525 certificate).
Prohibited Practices by the User
The user undertakes not to send offers and/or invoices to their customers, issued through the software, that falsely or fraudulently include any label or certification related to building and public works (e.g., “Certified Environmental Label”) when the user is not actually certified or labeled. The user will be solely and exclusively responsible for any consequences of including such false or fraudulent labels or certifications on any offer or invoice issued through the software, in the construction and public works sector (BTP) when the user is not actually certified or labeled.
AdBooks allows each certified or accredited user to place or include their construction sector label or certificate on their offers and/or invoices issued through the software. The user confirms that they are strictly prohibited from adding a construction sector label or certificate to invoices issued by AdBooks through the software if they are not actually certified or accredited.
The user must refer to and comply with the general terms and conditions of use for any construction sector label or certificate whose logo/visual representation may be added to offers and/or invoices issued by AdBooks for the benefit of the user. Adding the logo/visual image of any construction sector label or certificate through the software must be done (i) in strict compliance with the general terms and conditions of use of the specified label or certificate, and (ii) under the exclusive and sole responsibility of the user.
13. Duration of User Subscription to AdBooks and Suspension/Termination of User Account
During the user’s initial monthly or annual subscription period, the user will benefit from a free trial period of a certain number of calendar days. AdBooks may change the duration of the free trial period from one user to another at its discretion. AdBooks and/or its partners may provide users with promotional codes that allow them to extend their free trial period.
At the end of the user’s initial monthly or annual subscription period, their subscription to AdBooks will automatically renew (implicit renewal on the anniversary date of the AdBooks subscription) for consecutive identical periods (monthly or annual), provided that the user pays their monthly subscription fee to AdBooks via credit card, PayPal, or direct debit. Billing for the subscription will occur monthly or annually.
If the user wishes to allow additional people (other than the user themselves) to access their AdBooks account (for example, one of their employees), AdBooks may invoice an additional amount (in addition to the fixed monthly or annual price) for each additional user.
The user may cancel their subscription to AdBooks at any time by using the “Cancel Subscription to AdBooks” button located in the administrative section of their user account or by contacting AdBooks’ technical and administrative support team. Deleting the user account and personal data will take effect immediately. In any case, this request does not entitle the user to a refund for the remaining period of the AdBooks subscription.
The user can also suspend their AdBooks subscription, which does not cancel the subscription to AdBooks but allows AdBooks not to charge the user’s payment method during a certain period when the user will not have further access to the software and services.
If the user cancels their subscription to AdBooks after having paid the amount invoiced by AdBooks for the subscription period they did not use, such amount will in no case be refunded.
In the event of a violation of these General Terms of Service by the user, AdBooks reserves the right to suspend or close the user’s account without notice or compensation.
This termination will occur without prejudice to any claims AdBooks or its affiliates and legal representatives may make against the user for damages incurred as a result of such violations.
Access to the Website, Software, and Services
AdBooks maintains the website, software, and services available 7 days a week, 24 hours a day (technical and administrative support, whether by phone, chat, or email, is available only to users Monday through Friday from 9:00 AM to 6:00 PM), subject to:
(i) interruptions in access, especially for maintenance or updates of the website and software;
(ii) access difficulties that may be attributed to the user’s computer installations or equipment, which are found to be unsuitable or malfunctioning (AdBooks does not guarantee compatibility of the website with all browsers on the market; the website is compatible with Internet Explorer 11.x, Edge 12.x, Firefox 44.x, Chrome 49.x, and Safari 11.x), abuse, or manipulation of the website and/or software.
AdBooks reserves the right to refuse access to any user to the entire website or part of it unilaterally and without prior notice, particularly in the case of clear violations of these General Terms of Service.
AdBooks provides the user, depending on their AdBooks subscription type, telephone support (“hotline”) every working day from 9:00 AM to 12:30 PM and from 2:00 PM to 6:30 PM to answer any questions regarding the operation of the website and software.
14. Governing Law – Attribution of Jurisdiction
These General Terms of Service and the AdBooks subscription are governed by French law.
ANY DISPUTES OR DISAGREEMENTS ARISING FROM THE ADBOOKS SUBSCRIPTION (OF ADMONET LLC) WILL BE SUBJECT TO THE JURISDICTION OF THE COURT WITHIN THE JURISDICTION OF THE REGISTERED APPEAL COURT (Sheridan, Wyoming, USA), REGARDLESS OF THE NUMBER OF DEFENDANTS OR CLAIMS UNDER GUARANTEE, INCLUDING FOR URGENT PROCEDURES, CONSERVATOR FOR RESERVATION.
The AdBooks application is owned by:
Admonet LLC
Address: 30 N Gould St Ste R, Sheridan, WY 82801, United States
EIN Number: 30-1290301
Since AdBooks is owned by Admonet LLC, all rules and mentions of the AdBooks application apply to Admonet LLC.
