Terms and conditions

The use of adcentrals services requires an online account to be set up.

The user is responsible for the accuracy of the information provided and undertakes to update all pertinent information or advise Adcentral immediately of any change to his/her situation.

The user will take all necessary steps to maintain the confidentiality of access to his/her account.

In the event of fraudulent use of his/her account, the user undertakes to immediately notify Adcentral and change his/her access password.

Any costs resulting from unauthorized use of the user's account will be at the user's expense until such time as Adcentral has been notified.

Adcentral will under no circumstances be responsible for any material or immaterial damage resulting from the use of an account by a third party, with or without the user's authorization.

Adcentral archives all messages sent and received via its platform. Distribution lists are maintained from the time the user opens and correctly updates his/her account. Adcentral protects the integrity, confidentiality and the administrative, material and technical security of all of the user's personal information.

Financial conditions

Subscribing to Adcentral's services commits the user to paying the purchase price for the services selected in his/her country of residence.

Unless stipulated otherwise, the price of the services subscribed to will be paid at the time of subscription and in the currency in which they are invoiced.

Prices displayed on the website do not include charges and are exclusive of VAT. Additional charges shown on the invoice will be based on the user's country of residence and any applicable statutory or regulatory provisions.

Responsibilities and guarantees

Adcentral's liability and guarantees

Except in cases of force majeure, Adcentral guarantees the user that it will provide its services in accordance with these terms and conditions.

Any compensation due by Adcentral to the user or a third party as a result of an incursion of liability by Adcentral, its subsidiaries or its partners while acting in accordance with the present document, shall not exceed the price paid by the user in exchange for the service(s) that gave rise to the aforesaid liability.

Under no circumstances does Adcentral guarantee the user any anticipated economic benefits for images or information in respect of emails sent under the terms of the present document.

Adcentral does not systematically monitor the content of messages sent by the user to his/her distribution lists, which remain the user's responsibility.

Under no circumstances can Adcentral be held responsible vis-à-vis third parties for damage resulting from the sending of emails from the user's account, in whatever capacity.

The user's liability

The user is solely responsible for the content of emails sent to his/her distribution lists in accordance with the terms of the present document.

The user may be held responsible for any non-compliance with these terms and conditions or Adcentral's confidentiality or anti-spam policies, or any statutory or regulatory provisions arising from an applicable international agreement.

The user will protect Adcentral from any damage, complaint or legal recourse by a third party as a result of the user violating these terms and conditions or Adcentral's confidentiality or anti-spam policies, or any statutory or regulatory provisions arising from an applicable international agreement.

Changes to terms and conditions of use, and sendinblue's policies and products

Adcentral may be required to amend these terms and conditions of use, its anti-spam and confidentiality policies, and its products.

When the user logs onto his/her account, he/she will be informed of any changes that have been introduced and invited to accept them in order to continue to use Adcentral's services.

The latest version of the terms and conditions of use, anti-spam and confidentiality policies and Adcentral's product offering can be viewed at any time on the www.adcentral.nl website.

Duration/Termination

This contract is valid for an indefinite period.

It can be terminated by the user from his/her personal account at any time.

Upon termination by the user, any sums paid in exchange for Adcentral's services remain due to Adcentral, including any unused sending quotas.

In the event that the user does not comply with these terms and conditions, Adcentral's confidentiality or anti-spam policies, or any statutory or regulatory provisions arising from an applicable international agreement, Adcentral reserves the right to terminate the contract subject to a 15-day notice period.

The termination does not require a notice period in the event of non-compliance with article 'Use of services' of the present document.

Force majeure

A party's liability may not be invoked if the non-fulfilment or delay in meeting one of the obligations outlined in these terms and conditions arises from a case of force majeure.

Force majeure refers to any external or unforeseeable event or act of God as recognized by the jurisprudence of the Dutch courts, making it impossible for either party to fulfil its obligations or causing the fulfilment of these obligations to be excessively costly.

Without this list being restrictive, the following events will be expressly considered cases of force majeure, in addition to those commonly cited by the jurisprudence of the Dutch courts:

  • wars; armed conflicts; riots; demonstrations; sabotage; acts of terrorism:
  • total or partial strikes within or outside the company, a supplier or a national operator; lock-outs; transport or supply blockages for whatever reason;
  • natural disasters resulting in the destruction of infrastructure such as fires, storms, floods and water damage;
  • governmental or statutory restrictions; statutory or regulatory modification of forms of marketing; the suspension, cancellation or revocation of any authorization by any competent authority;
  • interruptions to the Adcentral network or to that of its subcontractor or supplier caused by a computer breakdown or telecommunications blockage, whether this be the result of an external attack, an interruption to the service provider's services or other irregularity, or any other event not attributable to Adcentral, its subcontractor or supplier preventing the normal operation of services;
  • electrical power outages lasting more than 48 hours

Each party will notify the other party by registered mail with delivery receipt in the event of any case of force majeure.