Home
Home

Terms and Conditions

Last Update: 12.08.2024


  1. Scope of Application
    1. These General Terms and Conditions (the "Terms") govern the entire business relationship between backbone.one GmbH ("BB1") and BB1's customers (each a "User") on any online or electronic platform or mobile application of BB1, as well as between BB1 and its partners (each a "Partner").
    2. By using the services and offerings of this website (www.backbone.one), the User agrees to abide by the following terms of use.
  2. General Provisions
    1. "BB1", "backbone.one", or "we" refers to backbone.one GmbH, a limited liability company established under Austrian law, registered in the Commercial Register of the Vienna Commercial Court under FN 513885 p, with its registered office in Vienna, Austria, and its business address at Ullmannstraße 16, 1150 Vienna, Austria.
    2. "User" refers to a customer who has successfully registered a BB1 user account as outlined in section 5.a of these Terms and Conditions.
    3. "Partner" refers to a business partner who has entered into a cooperation agreement or other agreement with BB1.
    4. "Consumer" refers to a consumer as defined in the Austrian Consumer Protection Act (KSchG).
  3. Amendments
    1. Material changes to these Terms and Conditions, including this section 3, require explicit or implicit agreement from the User or Partner.
    2. Material changes include any amendments or additions that (i) affect the main performance obligations or (ii) substantially alter the contractual relationship in a manner equivalent to entering into a new contract.
    3. Other changes or editorial amendments (see section 3.f) to these Terms and Conditions, which do not qualify as material changes, may be made by BB1 at any time at its reasonable discretion and shall take effect,
      1. if no specific effective date is specified, at the earlier of the following: (i) explicit acceptance of the amended Terms and Conditions by the User or (ii) expiration of two months after the publication of such changes or additions, unless the User has objected pursuant to section 3.3.2 of these Terms and Conditions; or
      2. if a specific (post-publication) effective date is specified, at the later of the following: (i) the specified effective date and (ii) the earlier of the following: (a) explicit acceptance of the amended Terms and Conditions by the User or (b) expiration of two months after the publication of such changes or additions, unless the User has objected pursuant to section 3.c.ii of these Terms and Conditions.
    4. The User's consent to other changes shall be deemed given if the User or Partner does not object in writing or electronically (e.g., by email). The User or Partner shall be notified in the amendment offer that (i) their silence by failing to submit a written or electronic objection (e.g., by email) within the deadline specified in sections 3.c.i and 3.c.ii of these Terms and Conditions shall be deemed consent to the changes and (ii) the User, who is a consumer, has the right to terminate their contract and the contractually agreed services with immediate effect until the changes take effect.
    5. Other changes not constituting material changes may only be made at BB1's reasonable discretion and for important reasons, provided that a risk assessment is carried out taking into account the interests of BB1 or those of all Users or Partners compared to the interests of an individual User or Partner, meaning
      1. due to the introduction of new services that are either free of charge or cannot be used by the User or Partner or only optionally;
      2. there are no disadvantages for the User or Partner;
      3. due to supervisory or tax requirements;
      4. due to changes in service providers or contractors;
      5. to amend or implement ancillary obligations; or
      6. for reasons comparable to those mentioned above.
    6. Editorial changes are changes made to clarify ambiguous provisions, formatting adjustments, or typographical corrections.
    7. For Users or Partners who are not consumers, material changes may be made in accordance with sections 3.c and 3.d of these Terms and Conditions and shall take effect.
  4. Services Provided by BB1
    1. All information provided by BB1, particularly regarding the services and terms of energy suppliers, is non-binding and serves as general information for the User. They aim to provide the User with an initial overview of the scope of the listed products and facilitate independent decision-making, over which BB1 has no influence.
    2. The User may access and utilize the information for personal use only. Commercial utilization of the information requires prior written consent from BB1. BB1 reserves the right to pursue claims for damages in the event of unauthorized commercial use.
    3. The User is granted the opportunity to select a tariff and submit a binding offer for the mediation and/or conclusion of an energy supply contract by completing and submitting an online form. BB1 will acknowledge receipt of this offer or the User's order (via email); however, such acknowledgment does not constitute acceptance of the offer.
    4. Acceptance of the User's application for energy supply is at the discretion of the respective energy provider. Criteria for the decision may include, among other factors: the outcome of a credit check conducted by the energy provider; the local availability of a supplier tariff (if, for example, a region is not serviced by the selected provider, supply is not feasible); the existing contractual commitment to the current supplier. BB1 expressly cannot guarantee the conclusion of a contract, or a contract based on the conditions outlined within the non-binding tariff, between the User and the energy provider. In this regard, the User is advised to familiarize themselves with the provider's terms and conditions, especially regarding minimum contract durations, termination periods, prices including taxes and levies, additional cancellation fees, discounts for early contract termination, payment methods, or offer validity.
    5. BB1 does not directly supply electricity or any other form of energy but solely serves as an intermediary for energy supply contracts. BB1 is neither a representative of an energy provider nor a party to any contract between the User and the energy provider. Consequently, BB1 is not liable for claims arising from the contract with the energy provider due to rejection of the customer application, contract breaches, inadequate performance, damages, or similar. BB1 also does not warrant the accuracy or quality of the displayed offers and assumes no liability for the availability of the displayed services.
    6. In the event of the conclusion of an energy supply contract, a contract is exclusively formed between the User and the energy supply company. It should be noted that energy supply companies typically base their contracts with consumers on their own general terms and conditions.
    7. The provisions outlined in points 4.a to 4.f also apply analogously to energy feed-in contracts. This involves the surplus energy produced by Users (e.g., through PV systems), which is then delivered to the selected energy supply company via an energy feed-in contract (in the energy context). Once again, the energy supply companies provide their own general terms and conditions for this product to the User.
    8. In addition to energy supply or energy feed-in contracts, there is also the scenario where within the regulatory framework of "energy communities," BB1 acts as an intermediary between Users and energy communities. The provisions outlined in points 4.a to 4.f apply analogously in this context.
  5. Registration Process
    1. Individuals interested in availing themselves of BB1's services must create a user account by registering on the BB1 website or mobile application. During the registration process, Users are required to provide BB1 with valid, accurate, and current information, including their full name (first and last name), email address, and a password. Upon successful completion of the registration process, confirmed by BB1, the individual will be recognized as a "User."
    2. The User acknowledges that all documents and information submitted to BB1 are current, accurate, and complete. Users affirm that they have not withheld any information that could influence the customer verification process.
    3. BB1 may request specific information from Users during registration and periodically thereafter, as long as they remain customers of BB1. These requests may be necessary to comply with legal requirements or regulatory guidelines.
    4. BB1 does not guarantee that any particular individual will successfully complete the customer verification process and become a BB1 customer, even if all requested information has been provided. Various factors, such as legal restrictions or economic considerations, may prevent successful completion of the process. BB1 reserves the right to discontinue the customer verification process, thereby preventing individuals from becoming BB1 customers.
  6. User Responsibilities
    1. The User shall input and transmit their personal data either through an online form provided by BB1, ensuring that the data is transmitted to BB1 via an encrypted connection, or through alternative transmission methods specified by BB1 on a case-by-case basis (e.g., email/download, telephone).
    2. It is the User's responsibility to ensure the completeness and accuracy of the data they provide or transmit. Should the User knowingly provide false or misleading information, BB1 reserves the right to exclude them from utilizing BB1's services. Any potential claims for damages by BB1, the energy supply company, or energy community, pursuant to applicable legal provisions, shall remain unaffected. BB1 also reserves the right to leave requests unprocessed in the event of incorrect or insufficient information provided by the User.
    3. Upon submitting an offer for the mediation and/or conclusion of an energy supply contract or for participation in an energy community, the User is required to promptly review the contract documents received from the energy supply company or energy community to ensure the accuracy of the information provided. Any discrepancies should be immediately reported to the energy supply company.
  7. Right of Withdrawal
    1. The services provided by BB1 are intended to assist Users in making informed decisions regarding their choice of energy supplier or participation in an energy community.
    2. Use of the platform is permitted and free of charge only for the purpose of entering into contracts with providers, obtaining information about contract terms from selected energy suppliers, and reviewing their offers in Austria.
    3. Any use of BB1's services on the website for purposes other than those outlined, such as for conducting commercial, business, or independent activities, including providing advisory services or creating databases for third parties, is strictly prohibited without prior explicit written consent from BB1.
    4. The use of BB1's services on the website is free of charge and non-binding for consumers. Consumers have the right to withdraw from a distance contract (e.g., via post, fax, internet, or email) within seven days of the commencement of the supply. The withdrawal notice must be directed to the respective energy supplier or energy community and is considered timely if sent within this period.
  8. Liability / Warranty / Limitation
    1. BB1 strives to ensure that the information provided on the platform is accurate and up-to-date. However, BB1 does not guarantee the accuracy, currency, completeness, or availability of the information and assumes no liability for it.
    2. The information presented in tariff offers, especially regarding services, prices, and conditions of partner energy supply companies or energy communities, is based on the information provided by these entities.
    3. BB1 does not make any representations regarding the suitability, availability, or quality of the products offered by partner companies and assumes no liability in this regard. The responsibility lies with the respective energy supply company or energy community.
    4. References and links to other websites are provided for convenience, but BB1 does not control the content, accuracy, currency, completeness, or availability of these sites and assumes no responsibility for them.
    5. The information accessed via the platform does not constitute a legally binding commitment or assurance by BB1. Users should not rely solely on this information to make decisions.
    6. BB1 is not responsible for the accurate and timely transmission of user information to energy supply companies or energy communities.
    7. BB1 reserves the right to modify, supplement, delete, or temporarily or permanently suspend the information and products offered on the platform without prior notice.
    8. BB1 endeavors to minimize disruptions in accessing information and products, but it cannot guarantee uninterrupted service and assumes no liability for disruptions.
    9. BB1 is liable for damages resulting from intentional or grossly negligent actions, as well as for damages to life, body, and health. However, BB1's liability is limited to a maximum amount for damages caused by slight negligence, and certain types of damages are excluded.
    10. Claims for damages are subject to statutory provisions and generally expire one year after the injured party becomes aware of the damage.
  9. Copyrights and Intellectual Property Rights
    1. All intellectual property rights, including copyrights and usage rights, pertaining to the services and content of the website, as well as the underlying software and databases, are exclusively owned by BB1. The User is permitted to use the tariff offers and information on the website solely within the scope defined by these Terms and Conditions and strictly for personal use. BB1 explicitly reserves the rights to published texts, the design of the website, and the utilized logo.
  10. Privacy Policy
    1. The collection, processing, and utilization of data by BB1 are conducted in accordance with applicable legal regulations, particularly in compliance with the General Data Protection Regulation (GDPR) and the Data Protection Act (DPA).
    2. All data provided by the User will be treated confidentially and used for the purpose of offering products from energy providers or for contact by BB1. Any further data usage will occur only with separate consent provided by the User. Transfer of data to energy providers or energy communities will take place solely at the User's request.
    3. Alongside these Terms and Conditions, the Privacy Policy, available at [LINK], is considered an integral component of these Terms and Conditions.
  11. Electronic Invoicing
    1. Users and Partners consent to receiving electronic invoices, such as via email, as email attachments, or through web downloads, in an electronic format (e.g., PDF or text file).
  12. Final Provisions
    1. BB1's failure to enforce or exercise any provision of these Terms and Conditions or any right or remedy arising from these Terms and Conditions at any time or for any period shall not constitute a waiver of such provision, right, or remedy, nor shall it be construed as a waiver. It shall not affect BB1's right to enforce or exercise such provision, right, or remedy at a later time, provided that such right is not barred, expired, or otherwise precluded.
    2. These Terms and Conditions shall remain effective even after the termination of the business relationship until fully settled.
    3. Should any provision of these Terms and Conditions be or become invalid, ineffective, or unenforceable, the validity and enforceability of the remaining provisions shall not be affected thereby. The invalid, ineffective, or unenforceable provision shall, to the extent legally permissible, be replaced by the provision that most closely achieves the economic purpose pursued with the invalid, ineffective, or unenforceable provision, in terms of extent, time, place, or scope. The same applies to any gaps in these Terms and Conditions.
    4. These Terms and Conditions, and any transactions covered by them, shall be governed by the laws of the Republic of Austria, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods and the conflict of law rules of Austrian international private law.
    5. The competent court in Vienna shall have exclusive jurisdiction over all disputes arising from this contract or relating to its conclusion, breach, termination, or invalidity.
    6. For actions against consumers, jurisdiction shall be determined based on the place of residence, habitual residence, or place of employment as per § 14 KSchG (Consumer Protection Act).