General terms and conditions of sale and use
Version effective June 1, 2020
ALOBEES, SAS with capital of 9,012 Euros, whose registered office is located at 24 avenue du Repos, 94270 Le Kremlin Bicêtre, registered with the Créteil Trade and Companies Register under number 824 811 186.
E-mail address: firstname.lastname@example.org
Article 1 Definitions
Subscription: subscription by the Customer to a Product or a Service for a certain duration, the content of which is specified on the website and on the Application.
Assistance: the offers proposed by the company ALOBEES include technical assistance services.
API: Application Programming Interface
Customer: natural person or legal entity who agrees to subscribe to a formula.
Consumer: according to the Hamon Law, « toute personne physique qui achète un service ou produit agit à des fins n’entrant pas dans le cadre de son activité commerciale, industrielle, artisanale ou libérale » (“any natural person who buys a service or product acts for purposes that are not within the scope of his commercial, industrial, artisanal or liberal activity”).
Customer Data : The personal data communicated by the Customer are protected according to the legislative and regulatory provisions.
Login: the user must create an account to access Products or Services. To do so, he must enter a password and an access code.
Information: information published on the Site and/or on the Application made available to Customers by ALOBEES within the framework of a Product or a Service.
Registration: acceptance by the Customer to subscribe to an offer relating to one or more Products and/or Services.
Parties: the company ALOBEES and the Customer.
Products: products highlighted in the offers proposed by the company ALOBEES or its partners.
Services: services marketed by the company ALOBEES or its partners.
Online Services: services provided online on the Website and the Application.
Site: Internet site published by the company ALOBEES.
User: any person who wishes to access Products and/or Services as part of an offer subscribed to via an Identifier.
Article 2-1 Acceptance of the General Conditions
Any User who wishes to place an order must first accept the General Terms and Conditions of Sale in force.
Likewise, services may be provided once the Customer has accepted the General Terms and Conditions of Use.
Consequently, the Customer shall be deemed to have accepted the General terms and conditions of sale and use as soon as he accesses the services or places an order.
Article 2-2 Purpose
The General Terms and Conditions of Sale set out the contractual conditions applicable to any purchase made on the website or on the Application by any buyer having the status of Consumer.
They are also intended to define the terms and Conditions of Use of the Service by the Customer.
Article 2-3 Scope of application
The contractual provisions are applicable to all products ordered and invoiced to buyers domiciled in France or abroad.
Article 2-4 Contractual provisions
A contractual clause that would be considered null and void would not lead to the nullity of the General Terms and Conditions of Sale and Use, unless it was an impulsive and decisive clause that led one of the parties to conclude the sales contract by subscribing to an offer.
The customer is deemed to have read and accepted without reservation all the provisions of these General Terms and Conditions of Sale and Use.
Article 2-5 Amendment of the GTC-USB
The seller reserves the right to modify its General Conditions of Sale and Use at any time without notice.
The General Terms and Conditions of Sale and Use applicable are those in force at the date of the order placed by the buyer (when subscribing to an offer).
Any modification of the General Terms and Conditions of Sale and Use will be indicated to the Customer, who will be free to refuse its application and terminate its registration.
Article 3-1 Nature of the subscription
Any ALOBEES subscription gives free access to all of the application’s functionalities for all users who so desire, for thirty (30) consecutive days.
After this period, all Users will be asked to provide their bank details if they wish to use all the PRO modules.
If the User does not wish to provide his/her bank details, he/she may nevertheless continue to use the application with the free modules.
Subscription to the PRO modules is not firm or definitive. Also, the User can withdraw his Credit Card at any time.
Only the subscription to the services giving rise to an order form and a quotation to be signed by the Customer is worth a firm and definitive commitment that can only be called into question in the cases restrictively listed in Article 12 hereof.
Article 3-2 Modification of the subscription
All subscription requests are revocable. Also, the buyer can modify his subscription at any time.
On the other hand, all orders for services are irrevocable. Consequently, the buyer must contact the Company to be able to modify or cancel his order subject to presenting a just reason.
The Seller undertakes to give its Customer unlimited access to products and services that conform to those ordered on the Website and/or the Application.
It is important to remember that the product ordered may be subject to modifications linked to technical developments, under the conditions provided for by the Consumer Code. However, the Customer is free to refuse the application and thus terminate his registration.
In the absence of an express refusal by the Customer of the said General terms and conditions of sale and use, these will be applicable to him.
Article 3-3 Validity of the undertaking
The seller reserves the right to refuse any order for services or subscription for legitimate reasons.
Article 3-4 Termination or rescission of the undertaking
At any time, the buyer can withdraw and terminate his subscription by withdrawing his credit card. There is no commitment or obligation to maintain a subscription that would no longer be necessary.
Concerning the services offered by the Company, the buyer may contact the Company by registered letter with acknowledgement of receipt, in the following situations:
- A product that does not conform to the characteristics declared on the website and/or the application ;
- An unjustified price increase due to a government-imposed technical modification of the product.
Similarly, the order can be cancelled by the seller if :
- The buyer misuses the services;
- The buyer does not pay monthly or annually for his package.
Article 3-5 Subscription and services
Any individual or legal entity, of full age and capacity, may subscribe to a service offered on the Website and/or on the Application.
This subscription may be made in the name and on behalf of another person known as a “professional”.
The subscription is free for thirty (30) consecutive days and is carried out on the home page.
At the end of these thirty days, all Users will be asked to provide their bank details if they wish to use all the PRO modules.
Otherwise, the User will be able to continue using the application with the free modules.
Concerning the ordering of services, the User must contact the Company to find out the scope of the services offered, namely: the installation of connectors, the creation of summary tables and the export in CSV (of macros).
When subscribing to a subscription, the User must fill out a form by providing identification elements (personal data). All this information enables the Company to meet the needs of Users by offering them an appropriate service.
Also, each User will be asked to provide accurate, complete and precise information.
The User shall be solely responsible for any errors when entering information.
Likewise, the Company shall not be held liable in the event that it has not been notified of a change in the situation or of erroneous information concerning its Client/User.
Specifics of the Application :
Concerning the Application, the User may subscribe to the Service by downloading it from the Google Play or Apple Store platforms.
All the subscription terms and conditions, the characteristics of the Service, and the subscription formulas for the Service are available and can be consulted on the Application.
The User can create an account from the Application by entering a phone number and identification data.
He also has to create a password.
The ALOBEES Application is based on a geolocation system that requires authorization from its users. Indeed, it is the users who voluntarily activate the geolocation by indicating the location of the construction site and the collaborators present.
Among other things, geolocation is used to locate the location where the application was last used.
Geolocation can be deactivated by the User at any time.
Consequently, the User will have the right to oppose this geolocation, but certain services may be inaccessible to him/her.
Article 4-1 Product characteristics
Before any subscription offer, Users are asked to read the essential characteristics of the products they wish to order by consulting the pre-contractual information mentioned on the company’s website and on its Application.
Thus, the Customer will be able to access these services by taking out a subscription offer:
- Follow the news feed
- Manage the schedule
- Share photos and videos
- Enjoy unlimited storage
- Quickly report any anomalies
- Download and modify timesheets
- Assigning tasks to construction sites
- Create users
- Creating building sites
- Geolocate employees in real time
- Create “memos” notes
- Manage documents electronically
The Service proposed from the subscriptions consists in allowing any private individual or any professional to follow the evolution of one or several building sites.
The Company makes it possible to easily geolocate worksite addresses and to transmit instructions on how to carry out the work.
The website and the Application allow the transmission of photos, which can be reassuring for the parties.
Article 4-2 Characteristics of services
In addition to the subscriptions mentioned above, the Company offers its Customers tailor-made services that may consist of: installation of connectors, creation of synthesis tables and export in CSV (macros).
The Client must contact the Company so that the Company can prepare a purchase order and a quotation.
Article 4-3 Solutions that can be subscribed to by the Customer
The API is a fully programmable interface allowing third-party software to interact with the platform to automate certain tasks and exchange data.
Subject to the conditions set forth herein, the ALOBEES company may grant a personal, non-exclusive, non-transferable, non-assignable, revocable, and limited right to access and use the ALOBEES API interfaces to its Customers. To do so, any User wishing to use the API must contact the company at the following address: email@example.com.
However, the API is not available to connect SAGE products to Alobees. All rights to use the API to connect SAGE products are reserved to ALOBEES.
Article 5-1 Selling price
The price of the subscriptions is indicated on the website and/or on the Application.
The price applicable to subscriptions is that in force on the day the order is placed according to the order form that will have been drawn up and according to the estimate that will have been submitted to the Customer.
The price of the services differs according to the needs of each Client. Therefore, the price will be indicated individually on the quotation submitted to the Client.
Article 5-2 Modification of the price
The seller has the possibility to modify its prices at any time, as soon as this modification is justified.
Although at any time, the seller may increase the price of its services, it undertakes to apply the rates in force on the day the order is placed or a subscription is taken out.
Article 5-3 Access to services
The User has access for thirty (30) days to the services, as soon as he creates an account on the home page.
By registering for free, the User has access to news monitoring, photo and video sharing via unlimited storage.
If they wish to deepen the experience and access more services, they will be asked to pay a monthly subscription based on the offer they have subscribed to.
If he or she does not wish to subscribe to a monthly offer, he or she may nevertheless use the free modules of the Application.
By paying the monthly subscription, the User, who will then become a Client of the ALOBEES Company, will be able to quickly report any anomalies found on a construction site, assign tasks, geolocate his collaborators, manage documents and prepare time sheets.
Article 6-1 Eligibility
Any payment for ordering services or subscriptions is made by credit card, bank transfer or direct debit, regardless of the actual use made of the Product or Service by its Users.
The subscription gives free access to all the application’s functionalities for thirty (30) consecutive days.
After this thirty-day period, all Users will be asked to provide their bank details if they wish to use all the PRO modules.
If the User does not wish to provide his/her bank details, he/she may continue to use the application with the free modules.
The User may withdraw his or her Credit Card at any time. Also, there is no real commitment of the Customer towards the Company, even if he uses the PRO modules.
In practice, at the end of the thirty days of free use, the Customer will be charged on the first day of the subscription he has chosen at the price indicated multiplied by the number of active users for the coming month.
The Customer may at any time add or deactivate active users via the Website and/or the Application. The movement of users will then be adjusted when invoicing for the following month.
Consequently, the invoicing will take into account: the lump sum charge multiplied by the number of users in the coming month, the number of active users in proportion to the time used in the previous month and any credit notes from users deactivated in the previous month.
If the Client wishes to cancel his subscription, the overpayment will be transformed into a credit in favour of the Customer, which must be used in the Application in the PRO modules, within six (6) months, before the deletion of his account.
The Company does not make any reimbursements.
Payment of the monthly instalments is made by direct debit on the anniversary date, starting from the 1st month, unless the Customer wishes to withdraw his credit card.
The Client expressly accepts that the Company shall send him the invoice in electronic format.
ALOBEES’ electronic invoices are sent to the Customer in PDF format.
The Customer has the possibility to create an account on the online customer space of the company ALOBEES and to proceed to the payment of the invoices related to his Orders. It is up to the Customer to guarantee the Company that he is authorized to proceed with payment operations and to create an account.
Concerning orders for services, the Client will be required to pay a fifty percent (50%) deposit on the day of signing the quotation and purchase order.
Article 6-2 Late payment and unpaid debts
Any delay on the agreed due date will be subject to penalties in an amount equal to the interest rate applied by the Central Bank, increased by ten (10) percentage points, on the so-called “unpaid” periods, starting from the first day of delay.
The Customer will also be automatically liable to pay ALOBEES a fixed recovery indemnity of forty (40) euros per unpaid invoice, in accordance with the conditions laid down by the French Commercial Code.
In addition, the Customer will have to reimburse the ALOBEES company for all costs incurred by the contentious recovery of the sums due, without prejudice to any damages that may be due to the ALOBEES company.
Article 7-1 Definition
Delivery means the transfer to the consumer of all the intangible services offered by the ALOBEES company via its Internet site and/or its Application.
Article 7-2 Delivery time
Access to the services will take place on the installation date indicated in the confirmation message after acceptance of the quote by the Client.
Access to the subscription is instantaneous. It is done at the time of registration on the website and/or on the Application.
Article 7-3 Late delivery
When the product ordered is not accessible on the date mentioned in the confirmation message, the consumer may, after having unsuccessfully enjoined the seller to fulfil his delivery obligation, terminate his commitment by registered letter with acknowledgement of receipt or by any other durable medium.
All the elements making up a package, as proposed on the home page by the company ALOBEES or its partners, are inseparable.
Article 8-1 Duration of the Subscription
The Subscription begins on the day of subscription on the Website and/or on the Application.
The Subscription is not subject to any commitment on the part of the User. Also, he can unsubscribe at any time and re-subscribe at a later date.
Re-subscription will be subject to the current General terms and conditions of sale and use.
Cancellation will take place automatically as soon as the Customer withdraws his credit card. He may nevertheless continue to use the free modules offered by the Company to its Users.
Article 8-2 Modification of the Subscription – Suspension – Withdrawal of membership to the offer
ALOBEES may replace a Product or Service with another Product or Service that is equivalent in quality and content. Should this occur, ALOBEES will inform its Customers in advance. They would then have the possibility of refusing the said proposed modification and of having a credit that they could use later within the time limit set for this purpose (within six (6) months, before the deletion of the data).
All requests must be made by registered letter with acknowledgement of receipt.
ALOBEES reserves the right to suspend access to the Services and/or Products in the event of force majeure, attempted intrusion or breach of security of the site and/or the Application.
ALOBEES also reserves the right to completely remove a Product or Service. Should this situation arise, Customers will be rapidly informed.
Article 9-1 Consumer Information
Article L. 111-1, 4º of the Consumer Code :
« Avant que le consommateur ne soit lié par un contrat de vente de biens ou de fourniture de services, le professionnel communique au consommateur, de manière lisible et compréhensible, les informations suivantes :
1° Les caractéristiques essentielles du bien ou du service, compte tenu du support de communication utilisé et du bien ou service concerné ;
2° Le prix du bien ou du service, en application des articles L. 112-1 à L. 112-4 ;
3° En l’absence d’exécution immédiate du contrat, la date ou le délai auquel le professionnel s’engage à livrer le bien ou à exécuter le service ;
4° Les informations relatives à son identité, à ses coordonnées postales, téléphoniques et électroniques et à ses activités, pour autant qu’elles ne ressortent pas du contexte ;
5° S’il y a lieu, les informations relatives aux garanties légales, aux fonctionnalités du contenu numérique et, le cas échéant, à son interopérabilité, à l’existence de toute restriction d’installation de logiciel, à l’existence et aux modalités de mise en œuvre des garanties et aux autres conditions contractuelles ;
6° La possibilité de recourir à un médiateur de la consommation dans les conditions prévues au titre Ier du livre VI.
La liste et le contenu précis de ces informations sont fixés par décret en Conseil d’Etat ».
Selon les dispositions du Code de la Consommation, en son article L112-1 : « Tout vendeur de produit ou tout prestataire de services informe le consommateur, par voie de marquage, d’étiquetage, d’affichage ou par tout autre procédé approprié, sur les prix et les conditions particulières de la vente et de l’exécution des services, selon des modalités fixées par arrêtés du ministre chargé de l’économie, après consultation du Conseil national de la consommation »
(“Before the consumer is bound by a contract for the sale of goods or the provision of services, the trader shall provide the consumer with the following information in a legible and comprehensible manner:
1° The essential characteristics of the good or service, taking into account the medium of communication used and the good or service concerned ;
2° The price of the good or service, in application of articles L. 112-1 to L. 112-4;
3° In the absence of immediate performance of the contract, the date or deadline by which the professional undertakes to deliver the goods or perform the service ;
4° Information relating to his identity, his postal, telephone and electronic contact details and his activities, insofar as they are not apparent from the context;
5° Where applicable, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence of any restrictions on the installation of software, the existence and methods of implementation of guarantees and other contractual conditions ;
6° The possibility of having recourse to a consumer mediator under the conditions provided for in Title I of Book VI.
The list and the precise content of this information are set by decree in the Council of State”.
According to the provisions of the French Consumer Code, in its article L112-1: “Any product seller or service provider shall inform the consumer, by means of marking, labelling, display or any other appropriate process, of the prices and special conditions of sale and performance of services, in accordance with the procedures laid down by order of the Minister for the Economy, after consultation with the National Consumer Council”).
Article 9-2 Warranties and liability of the company ALOBEES
The Customer has a legal guarantee concerning the defects of the thing sold (known as “hidden defects”) provided for in articles 1641 to 1649 of the Civil Code.
The ALOBEES company gives no express or implicit guarantee as to the Information it publishes.
Consequently, the Customer is solely responsible for its subscription to an offer, for the use and interpretations it makes of the Information and data published on the website or on the Application, as well as for the acts and advice it derives or issues from them.
Likewise, the Customer is solely responsible for the use and exploitation of this Information, to the exclusion of any liability on the part of ALOBEES.
In any case:
- For the Services, ALOBEES only subscribes to obligations of means;
- The liability of ALOBEES is limited to damages that are directly caused by a failure that is shown to be exclusively attributable to it;
- ALOBEES is not liable for any indirect or unforeseeable damage that may result from its failures. Indirect damages consist of any moral or commercial prejudice, loss of profits, turnover, orders, income, clientele, loss of data and any action directed against the Customer by a third party.
In all cases where the liability of ALOBEES is established, in view of the nature, basis and terms of the action brought against it, it is expressly understood that its liability under the contract may never exceed the price of the Subscription paid by the Customer to the company during the six (6) months preceding the date of occurrence of the breach in question.
Article 9-3 Warranties and liability of the Customer
Before subscribing to an offer, the Client must first check the suitability of the Products and/or Services with its needs and ensure that it is informed and has sufficient information about the contract that will bind it to the Company.
The Customer undertakes to use the website and the Application in accordance with the laws and regulations in force.
The Customer is responsible for the use made by itself or its Users or any third party acting on its behalf of the Products and/or Services.
The Customer shall be liable if it uses the website and/or the Application outside the limits provided for herein.
The Customer undertakes to put in place the necessary security measures to meet its obligations and to inform Users and its staff (its employees) of the limits of the rights of use provided for in the contract.
The Customer guarantees the company ALOBEES against any claim or action by any third party in respect of any use of the Products and/or Services not authorized by the contract.
Finally, the Customer accepts all risks related to the use of new technologies, such as technical malfunctions and risks of piracy.
Article 10-1 Site maintenance
Following maintenance operations or updates, the site and/or the Application may be temporarily interrupted.
The Company undertakes to inform its Customers as soon as possible as soon as an interruption is noted by the data controller.
Nevertheless, it is the user’s responsibility to regularly check for updates to the website and/or the Application.
Article 10-2 Assistance
The Company undertakes to its Customers to ensure the permanence, continuity and quality of access to the Services throughout the duration of the Subscription.
To this end, the Company shall endeavour to maintain access to the Application and the website 24 hours a day, 7 days a week and to guarantee the availability of its services, except in cases of force majeure.
The registered User benefits from technical assistance enabling him to declare any difficulties encountered when using the Services.
He can send an e-mail message to the following address: firstname.lastname@example.org.
He or she may also contact the Company by telephone on +33 (0)1 84 23 74 96 from Monday to Friday from 9:00 am to 5:00 pm.
The Company undertakes to respond promptly to any request for assistance.
In principle, the User will receive a response within 48 hours maximum from receipt of the said request, taking into account working days and opening hours.
Article 11 Exemption from liability and force majeure
The seller shall not be held liable in the event of non-performance or poor performance of the contract due to an act committed by the buyer, or in the presence of an insurmountable and unforeseeable act of a third party to the contract or arising from a case of force majeure.
Article 12 Resolution of the order or subscription
According to the cases provided for in the General Terms and Conditions of Sale and Use, the contract will end by its termination subject to a request by registered letter with acknowledgement of receipt.
The resolution shall be acquired by operation of law.
Article 13. Exercise of the right of withdrawal
In accordance with the provisions of Articles L. 221-18 et seq. of the French Consumer Code, the Consumer Customer may exercise his right to withdraw from a contract concluded at a distance within a period of fourteen (14) days, without having to justify his decision or incur costs other than those provided for in Articles L. 221-23 to L. 221-25 of the French Consumer Code.
In application of the provisions of the Consumer Code, the 14-day period runs from the day :
“1° The conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4 ;
2° On receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts of sale of goods”.
The Consumer Customer must inform the company ALOBEES of his decision to withdraw before the expiry of the aforementioned fourteen (14) day period.
It is important to remember that, in accordance with the provisions of Article L. 221-22 of the Consumer Code, the Customer must provide proof of his withdrawal.
The right of withdrawal may be exercised at the following address: ALOBEES, 24 avenue du Repos, 94270 Le Kremlin Bicêtre.
The service offered to the Customer will end at the end of the fourteen (14) days following the communication of his decision to withdraw in accordance with the provisions of article L. 221-21 of the Consumer Code.
ALOBEES undertakes to reimburse the Customer who has exercised his right of withdrawal, by means of a credit note, within fourteen (14) days of becoming aware of the exercise of his right.
It will be specified that:
In accordance with the provisions of Article L. 221-28 13° of the French Consumer Code, the right of withdrawal may not be exercised in respect of a contract for the supply of digital content not supplied on a physical medium, the performance of which has commenced after the Customer’s express consent.
Consequently, the Customer who has expressly agreed to benefit from Online Services or the Product in digital format before the end of the withdrawal period, expressly renounces the right to exercise the said right of withdrawal.
Article 14 Insurance subscription
The Company and the Client must take out insurance policies that can cover all damages of a contractual nature when one of the two parties is likely to incur civil liability.
Insurance policies must be current and valid for the duration of the execution hereof.
Article 15-1 Processing of personal data
In accordance with the French Data Protection Act, all Users have the right to access, rectify and, subject to the legal provisions applicable to the matter, delete data concerning them, which can be exercised by contacting the data controller, Mr Erwan BAYNAUD.
Mr BAYNAUD can be contacted at the following postal address: 24 avenue du Repos, 94270 Le Kremlin Bicêtre; or by e-mail at the following address: email@example.com.
Users who do not wish their details to be reused for commercial purposes or to be passed on to third parties must inform the department responsible for processing.
Their non-communication is likely to prevent the supply of the Products or Services and the consultation of the website and/or the Application; ALOBEES cannot be held liable for the incomplete or defective execution of the service.
Article 15-2 Cookies
The ALOBEES company uses tracers or cookies.
In particular, the Customer is specially informed that the ALOBEES company processes connection data allowing the traceability of Users and computer stations that connect to the website and/or the Application (date, time, IP address, parameters of the visitor’s computer, page(s) consulted, browser used, e-mail address, logs, consultation or behavioural statistics).
The use of certain tracers or cookies is necessary to access the content of the services offered.
Article 15-3 Intellectual Property
The Information made available to Customers by the company ALOBEES within the framework of the Products, Services, Site and Application, is protected by intellectual property rights, in accordance with the provisions of the Intellectual Property Code.
ALOBEES is the sole owner of all intellectual property rights relating to the Information and to the textual, graphic, sound, video, software, database or any other type of elements composing the Products, Services, Site and Application.
The contract does not entail any transfer of intellectual property rights to the Customer on the Information, Products, Services, Site and Application.
The Customer is authorised to make certain uses of the Information on a non-exclusive basis and under the conditions provided for in the General Terms and Conditions of Use present on the website and on the Application.
Article 16 Settlement of disputes
Any dispute between the Client and the Company, in the event of difficulty of interpretation or execution, or in the event of a dispute relating to the GCV-CGU will be subject to French law.
Consequently, in the absence of an amicable agreement, the parties may refer any dispute relating to the existence, interpretation, conclusion, execution or breach of the contract, as well as all documents related hereto, to the competent court.
As the Company is French and established in France, any dispute not resolved amicably will be subject to the jurisdiction of the French court based on the General Terms and Conditions of Sale and Use in the French language.