General Conditions of Use of Services

The purpose of these General Conditions of Use of Services is to define the terms and conditions under which AdBooks (“AdBooks”) provides the Services to Users. Any use of one of the Services offered by AdBooks will be made in compliance with these General Conditions of Use of the Services.

Definitions

AdBooks Subscription(s): All types of subscription contract or subscription of the User to the Services (defined below) offered by AdBooks including the Services provided by the Website and the Software (as defined below ).

Editorial Content: refers to all the information made available to Users by AdBooks.

Personal Data: means the personal information that the User provided when registering 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 and models, patents, rights to databases 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 in order to benefit from the Services (defined below) after having read these General Conditions of Use of the Services.

Hypertext link: designates the referencing system materialized by a word, an icon or a logo which allows by a mouse click to pass from one document to another on the same website or from one page of a website to the page of another website.

Services: refers to all services, including paid services, offered by AdBooks to Users through its website https://adbooks.co and its Software (as defined below).

Website: means the website made available to the public by AdBooks through the Internet at the URL address https://adbooks.co (or at the address of either sub-domains of the https://adbooks.co site ) and which includes the AdBooks software solution (the Software as defined below).

Software: refers to the web application (called AdBooks software solution) for management, quotes and invoices for the construction sector (for craftsmen, micro-enterprises and small and medium-sized enterprises in the construction and public works sector) accessible by Users on the Website and which allows them to benefit from the Services.

User(s): means the natural person capable of over 18 years of age and/or the company and/or the company registered in the trade and companies register using the Services, the Website and the Software.

1. Registration on AdBooks

The equipment (computer, software/applications, means of telecommunications, etc.) necessary to access the Services are the sole responsibility of the User, as well as the telecommunications costs incurred by the use of the Services.

Each User guarantees that the data he communicates to AdBooks is accurate and up-to-date. Each User undertakes to provide a real e-mail address, of which the User is effectively the owner.

Under no circumstances can AdBooks be held responsible for the loss or forgetting by any User of their username and/or password. In the event that the User uses his AdBooks account in a manner contrary to its normal purpose, AdBooks reserves the right to terminate or suspend the account of said User without notice. Any User shall be solely responsible in the event of (i) the use (fraudulent or not) of his identification elements (username and/or password) by third parties or (ii) any use, action or declaration (fraudulent or not) made by third parties through his account.

Furthermore, AdBooks, not having the means to ensure the identity of persons registering on the Website, is not responsible in the event of usurpation by a third party of the identity of a User. If a User thinks that a third party is using his account or his identity, said User must inform AdBooks immediately by email to info@adbooks.co.

AdBooks reserves the right to deactivate User accounts that have remained inactive for a period greater than or equal to one (1) year.

3. Acceptance of these general conditions of use of the services

The User declares to have read and to have expressly and unconditionally accepted the present General Conditions of Use of the Services in force on the day of access by the User to the Website and to the Software and of his AdBooks Subscription. If the User does not agree to these Terms and Conditions of Use of the Services, the User shall not use the Website, the Software and the Services or register on the said Website. Registration for one or more Services as well as the use of the Website and the Software requires the User’s full acceptance of these General Conditions of Use of the Services.

4. Modification of the website, software, services and these general conditions of use of the services

AdBooks reserves the right to modify or change the pages of the Website, the Software, the Services, their prices or their conditions of use at any time. These modifications will come into force as soon as they are put online on the Website, without prejudice to the possibility for the User to terminate his subscription to the Website and the Services at any time. It is up to the User to regularly refer to the latest published version of the General Conditions of Use of the Services permanently available on the Website. Any use of the Services after modification of the General Conditions of Use of the Services, implies pure and simple acceptance by the User of the new General Conditions of Use of the Services.

5. Use of the Website, Software and Services

Once registered, the User has access to the Services. The price and terms of payment for the various services are available on the Website when presenting and using the services to which the User wishes to subscribe.

In the context of its use of the Website, the Software and the Services, the User undertakes in particular to comply with the following rules:

Respect the intellectual property rights relating to the content provided by AdBooks.

Never divert a functionality of the Website and/or the Software from its originally intended use.

Do not overload the Services in any way without written permission from AdBooks.

6. Subscriptions & other service

6.1  Payment methods, promotional codes

Payment for AdBooks Subscriptions by the User is made by credit card, direct debit or by direct bank transfer. AdBooks (Company name: Admonet LLC) uses the services of the payment processor Stripe, Inc. to receive credit card payments for AdBooks Subscriptions.

AdBooks and/or its partners may provide promotional codes to Users. The use of said promotional codes is strictly personal and can only be used by said Users for the purpose of benefiting, for a limited or indefinite period, from (i) discounts on the monthly or annual amount of the AdBooks Subscription, and/or (ii) any other free or discounted offers.

7. Partners

AdBooks offers on the Website a partnership program under which any User will have the opportunity to become a sponsor (“Sponsor(s)”) by promoting the Software and Services to potential customers with a view to bringing said customers new or potential (future Users of the Services, the Website and the Software themselves) to AdBooks in exchange for a commission. AdBooks also allows natural/legal persons who are not Users (“Affiliate(s)” and “Reseller(s)”) to bring new or potential customers (future Users of the Services, the Website and the software themselves) to AdBooks in exchange for a commission. Sponsors, Affiliates and Resellers will hereinafter be collectively referred to as “Partners” and individually as a “Partner”. Commissions are paid on a fixed date, the 10th of each month, by bank transfer or via PayPal (the minimum amount of commission to be reached for the Partner to be entitled to request payment from AdBooks is set at 50 Euros). Commissions may vary depending on the Partners either in the form of a “recurring” type payment with application of a certain percentage on the turnover of the new Users brought in, or in the form of a single and fixed payment of the “oneshot” for each new User brought. In the event of proven fraud on the part of a Partner (fake customers, poor quality traffic, etc.), AdBooks reserves the right to block the account of the said Partner and/or to freeze the payment of its commissions. by bank transfer or via PayPal (the minimum amount of commission to be reached for the Partner to be entitled to request payment from AdBooks is set at 50 Euros). Commissions may vary depending on the Partners either in the form of a “recurring” type payment with application of a certain percentage on the turnover of the new Users brought in, or in the form of a single and fixed payment of the “oneshot” for each new User brought. In the event of proven fraud on the part of a Partner (fake customers, poor quality traffic, etc.), AdBooks reserves the right to block the account of the said Partner and/or to freeze the payment of its commissions. by bank transfer or via PayPal (the minimum amount of commission to be reached for the Partner to be entitled to request payment from AdBooks is set at 50 Euros). Commissions may vary depending on the Partners either in the form of a “recurring” type payment with application of a certain percentage on the turnover of the new Users brought in, or in the form of a single and fixed payment of the “oneshot” for each new User brought. In the event of proven fraud on the part of a Partner (fake customers, poor quality traffic, etc.), AdBooks reserves the right to block the account of the said Partner and/or to freeze the payment of its commissions. Commissions may vary depending on the Partners either in the form of a “recurring” type payment with application of a certain percentage on the turnover of the new Users brought in, or in the form of a single and fixed payment of the “oneshot” for each new User brought. In the event of proven fraud on the part of a Partner (fake customers, poor quality traffic, etc.), AdBooks reserves the right to block the account of the said Partner and/or to freeze the payment of its commissions. Commissions may vary depending on the Partners either in the form of a “recurring” type payment with application of a certain percentage on the turnover of the new Users brought in, or in the form of a single and fixed payment of the “oneshot” for each new User brought. In the event of proven fraud on the part of a Partner (fake customers, poor quality traffic, etc.), AdBooks reserves the right to block the account of the said Partner and/or to freeze the payment of its commissions.

8. Intellectual property rights

The User acknowledges that AdBooks is the sole owner of the intellectual property rights relating to the Website, the Software and the editorial content.

No provision of these General Conditions of Use of the Services may be interpreted as conferring on the User a license on the intellectual property rights, of which AdBooks may have ownership or the exclusive right of exploitation.

The trademarks, logos, graphics, photographs, animations, videos and texts contained on the Website are the intellectual property of AdBooks or its partners and may not be reproduced, used or represented without the authorization express writing of AdBooks under penalty of legal proceedings.

AdBooks only grants a license to use the Software for a limited, non-assignable and non-transferable period.

9. Security

AdBooks undertakes that:

  • A. The physical security of its IT facilities and equipment is ensured and that the data recorded by Users on the Website is hosted on servers located in Datacenters, highly protected with the highest security and redundancy standards; the recorded data is hosted by the company Proceau SARL whose head office is located at 24 Boulevard des Freres Voisin 92310 Issy-Les-Moulineaux, France on its servers located in France.
  • B. Access to AdBooks computer facilities and equipment is protected in such a way as to prevent unauthorized access by third parties;
  • C. The Software infrastructure is protected by firewalls and tracking systems;
  • D. The Software is updated regularly to ensure security at the application level and to limit security breaches.

AdBooks undertakes to provide data access security also through encrypted exchanges via a certificate between its website and the User’s browser; authentication by URL, username and password for data accessibility.

10. Preservation and Backup

AdBooks undertakes to ensure that the data recorded on the Website is safeguarded in accordance with applicable law. However, AdBooks does not assume any obligation to archive data and, on the contrary, AdBooks undertakes not to keep the data beyond the retention period set by law with regard to the purposes for which they are collected. .

Users may delete any data recorded at any time by deleting their accounts and AdBooks will, in any event, delete all data recorded by a User upon expiry of a period of twelve (12) months following the expiry of an AdBooks Subscription for any reason whatsoever.

The recorded data of any User may be exported by the User according to the methods and procedures described by AdBooks on the Website.

In the context of free use of an AdBooks account and if the free account has not been used for 12 months, the data may be deleted by AdBooks without any prior formal notice being necessary.

11. Hypertext links

The Website contains hypertext links to websites managed by third parties. AdBooks cannot exercise any control over these sites nor assume any responsibility for their content. In particular, AdBooks does not provide any guarantee concerning: the truthfulness, timeliness, quality, completeness and completeness of the content of the indexed websites; the relevance and completeness of indexed websites; difficulties in accessing and operating these websites.

12. Responsibility

The User acknowledges that AdBooks has no control over the transfer of data via public communication networks, such as the Internet, and over the operation of these networks. He therefore acknowledges and accepts that AdBooks cannot guarantee the confidentiality of data when transferring it over public networks. Consequently, AdBooks cannot be held liable in the event of misappropriation, capture, corruption of data or any other event likely to affect them, occurring during their transfer on telecommunication networks. public.

AdBooks also cannot be held liable for damages resulting from difficulties in accessing the Website, the Software and the Services due to (i) a disruption of the network operators or Internet access provider, (ii) network congestion, (iii) a failure in the User’s computer facilities and equipment and/or improper use or manipulation of the Website and/or the Software, in particular contrary to the General Conditions of Use Services, (iv) fault 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) of use of the Website,Services and/or Software in an environment or according to a configuration that does not comply with the recommendations of AdBooks or contrary to the General Conditions of Use of the Services.

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 a User with the help of the Software but not in accordance with the law due for example to the deletion by the Customer of parameters such as the date of payment, late payment penalties, etc.) and AdBooks cannot in particular be held responsible for the dissemination of data by the User in violation of third party rights.

The User shall be solely and exclusively liable for any damage (including material damage/damage of an economic or financial nature such as loss of client(s), financial damage, missed gain, loss of chance of financial gain, etc.), suffered by the User, by its customers or by any other third party, resulting from any error or inaccuracy (content, information, data, figures, totals, etc.) appearing on any document (for example quotes or invoices, etc.) (i) issued by the Software, (ii) sent manually by the User to its customers, and (iii) used directly or indirectly by the User, by its customers and/or by any other third party.

Before proceeding with any sending, the User must verify that the content of the documents issued by the Software and intended for its customers is perfectly correct. In the event of detection by the User of any error or inaccuracy in the said documents, the User must refrain from sending these documents to his customers and report the said errors to AdBooks as soon as possible.

The liability of AdBooks due to an AdBooks Subscription to the AdBooks platform is limited to compensation for direct damages and capped, in all cases, at a maximum sum corresponding to the license prices paid to AdBooks by the User for a period of twelve (12) months of AdBooks Subscription preceding the occurrence of the damage.

AdBooks cannot under any circumstances be held liable for compensation for consequential damages and compensation for lost profit, loss of profit, margin, and exploitation, loss of commercial activity, income, clientele (including damage to reputation and brand image).

The User guarantees AdBooks against any recourse or actions of a person who considers himself aggrieved by the posting of data or information on the Website.

AdBooks undertakes to respect and apply all the applicable legislative and regulatory provisions concerning the mandatory use by professionals subject to VAT of software against VAT fraud (NF 525 certification).

The User undertakes not to send to one or other of his customers quotes and/or invoices, issued via the Software, including in a false and fraudulent manner any label or certification of the building and public works (for example, the “Recognized Guarantor of the Environment” label) when the said User is not in fact labeled or certified. The User will be solely and exclusively responsible for the consequences of including in a false and fraudulent manner, on any quote and/or any invoice issued by the Software, a label or certification from the building and public works sector. (BTP) while said User is in fact neither labeled nor certified.

AdBooks allows any labeled or certified User to affix or include his label or his construction sector certification on his quotes and/or invoices issued via the Software. The User acknowledges that he/she is strictly prohibited from adding a label or certification from the construction sector to the invoices issued via the Software by AdBooks if he/she is not actually labeled or certified( e).

The User must refer to and comply with the general conditions of use of any label or certification in the construction sector whose logo/visual can be affixed/added using the Software on the quotes and/or invoices issued by AdBooks for the benefit of said User. The addition by the User of the logo/visual of any label or any certification of the construction sector, via the Software, must be done (i) in strict compliance with the general conditions of use of said label or said certification, and (ii) under the sole and exclusive responsibility of the User.

13. Duration of the user’s AdBooks subscription & suspension/termination of the user’s account

During the User’s initial monthly or annual subscription period, said User will benefit from a free trial period of a certain number of calendar days. AdBooks may change the duration of said free trial period from one User to another at their discretion. AdBooks and/or its partners may provide promotional codes to Users allowing them to extend their free trial period.

At the end of the User’s initial monthly or annual subscription period, his AdBooks Subscription will be renewed automatically (tacit renewal on the anniversary date of the AdBooks Subscription) for successive identical periods (monthly or annual) under subject to payment by the User of his monthly AdBooks Subscription by credit card, PayPal or direct debit. Billing by AdBooks of said subscription will be done either monthly or annually.

If the User wishes that additional people (in addition to the User) can access the AdBooks account of the said User (one or other of his employees for example), AdBooks may invoice an additional amount (in addition to the fixed monthly or annual price) per additional user.

The User may terminate his AdBooks Subscription at any time from the “Termination of AdBooks Subscription” button located in the administration section of the User’s account or by contacting the technical and administrative support team of AdBooks . The deletion of the User’s account and personal data will be effective immediately. In any event, this request does not entail reimbursement of the period remaining until the expiry of the AdBooks Subscription.

The User can also put his AdBooks Subscription on hold, which does not terminate the AdBooks Subscription but allows the User’s means of payment to no longer be debited by AdBooks for a certain period during which the User will not have further access to the Software and Services.

In the event of termination of AdBooks Subscription by a User after having paid the amount invoiced by AdBooks corresponding to an AdBooks Subscription period not used by the User, said amount shall in no case be refundable.

In the event of a breach by the User of these General Conditions of Use of the Services, AdBooks reserves the right to suspend or close the account of said User without notice or reimbursement.

This termination will occur without prejudice to any damages that may be claimed from the User by AdBooks or its assigns and legal representatives in compensation for the damage suffered as a result of such breaches.

 Accessibility to website, software & services

AdBooks keeps the Website, the Software and the Services accessible 7 days a week and 24 hours a day (technical and administrative assistance, whether by telephone, chat or email, is only open to Users from Monday to Friday from 9:00 a.m. to 6:00 p.m.) subject to: (i) interruptions of access, in particular for reasons of maintenance or updates of the Website and the Software; (ii) access difficulties attributable to the User’s computer installations or equipment, which prove to be unsuitable or faulty (AdBooks does not guarantee the 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), misuse or manipulation of the Website and/or the Software,

AdBooks reserves the right to refuse any User access to all or part of the Website unilaterally and without prior notification, in particular in the event of a clear violation of these General Conditions of Use of the Services.

AdBooks makes available to the User, depending on his type of AdBooks Subscription, a telephone assistance (“hotline”) every working day from 9 a.m. to 12:30 p.m. and 2 p.m. to 6:30 p.m. to answer all his questions on the operation of the Site Web and Software.

14. Applicable law – Attribution of jurisdiction

These General Conditions of Use of the Services and the AdBooks Subscriptions are governed by French law.

ALL DISPUTES OR DISAGREEMENTS TO WHICH AN AdBooks (from Admonet LLC company) SUBSCRIPTION COULD GIVE RISE, IN PARTICULAR WITH REGARD TO ITS VALIDITY, THE INTERPRETATION OF THE GENERAL CONDITIONS OF USE, ITS EXECUTION OR ITS TERMINATION, WILL BE SETTLED BY THE COMPETENT COURTS WITHIN THE JURISDICTION OF THE REGISTERED OFFICE OF THE COURT OF APPEAL OF (Sheridan, Wyoming – USA), NOTWITHSTANDING PLURALITY OF DEFENDANTS OR APPEAL IN GUARANTEE, INCLUDING FOR THE EMERGENCY PROCEDURES, THE CONSERVATORY PROCEDURES IN SUMMARY OR BY REQUEST.

The AdBooks application is owned by:

Admonet LLC

With address: 30 N Gould St Ste R Sheridan, WY 82801, United States of America

EIN number: 30-1290301

How AdBooks is owned by Admonet LLC. so all rules and all mentions of the AdBooks application may apply to Admonet LLC.