a service provided by
("Alterdyne" or "Company")
Eschenbachgasse 9, 1010 Vienna, Austria
FN 476617 h
1.1 Any offer, any entering into contract and all current and future contractual relations between Alterdyne and the Customer in connection with the services provided by Alterdyne to the Customer shall be governed by these general terms and conditions ("GTC").
1.2 Any other service of Alterdyne shall only be governed by the GTC, if agreed explicitly between the parties. In this case the GTC shall be applied analogously.
1.3 Any contractual relation between Alterdyne and a Customer being a consumer within the meaning of Sec 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz) is excluded from the applicability of the GTC.
1.4 Any general terms and conditions of the Customer shall only be applicable in addition to the GTC of Alterdyne, if Alterdyne agrees to its applicability in writing.
2.1 Alterdyne owns and operates a web-based platform called "Alterdyne" (the "Platform") that provides inter alia the following online services for the energy industry worldwide:
2.2 The Platform collects, stores and processes data and/or information entered by a Customer (e.g., project information on wind power plants, photovoltaic power plants, geothermal power plants, hydro power plants and other energy projects) and provides such data and information to other Customers in accordance with their respective search criteria and the respective service agreement.
2.3 In order to use the Services the Customer shall
2.4 If a Service needs to be paid for, Alterdyne will provide to the Customer all relevant price information prior to his/her purchase of the respective Service.
2.5 The Customer shall access and manage his/her personal information and contact details through his/her personal account.
2.6 The Customer acknowledges that any business transaction with regard to the Platform is only entered into and concluded between Customers without any participation and responsibility of Alterdyne.
2.7 Alterdyne does not assure any exclusivity to its Customers with regard to the Services.
3.1 For initiating a registration with the Platform, the Customer requires a valid email-address and a self-chosen password. If the creation of the Customer's personal account is completed, the Customer receives a confirmation via email and a service agreement between the Customer and Alterdyne is concluded.
3.2 The Customer may upload and publish data and information via forms provided by the Platform. If certain data or information is compulsory, the Platform will request any missing data or information from the Customer.
3.3 The Customer represents and warrants vis-à-vis Alterdyne (but not to any other Customer) that
a) he/she is either the legal owner or the authorised representative of the data and information in relation to the respective Customer;
b) he/she has the legal authority (including copyrights) required to submit, upload and disclose the data and/or information to be published on the Platform;
c) all data and/or information entered by the Customer in the Platform can be disclosed to Alterdyne and other Customers and shall be processed for the purposes of providing the Services as described in the GTC;
d) all data and/or information entered in the Platform is valid, correct and complete; and
e) he/she accepts the GTC and the Data Protection Notice.
4.1 The Customer shall be responsible for the confidentiality of his/her authentication and password. Alterdyne shall not be liable for any damage caused by a breach of this obligation by the Customer or a misuse caused by negligence or wilful misconduct of the Customer.
4.2 The Customer shall apply appropriate measures for IT security. In particular, the Customer shall ensure that no virus, malware or infected software are existent or threatening when uploading documents in to the Platform.
4.3 The Customer shall support Alterdyne on a best efforts basis to provide its Services.
4.4 If Alterdyne suffers any damage due to the use of Services by the Customer, the Customer shall indemnify Alterdyne for all current and future damages (including but not limited to lost profits).
5.1 Alterdyne offers free and paid Services to its Customers. Free Services (“Free Services”) include the participation within displayed Project Calls (“Calls”) or usage of other project-related functionalities of the Platform. Paid Services include Services for Market Screening, Project Scouting and Project Validation and are each subject to the applicable price list of Alterdyne.
5.2 All fees paid by the Customer are non-refundable. The Customer is not entitled to request a refund of fees paid.
If you have queries about the prices, please feel free to contact us any time.
6.1 6.1 Any agreement for Free Services between the Customer and Alterdyne is concluded for an unlimited period. All terms and conditions for Paid Services are subject to the Customers’ written acceptance of separate agreements, send to the Customer by Alterdyne, its employees and/or representatives.
6.2 Each party has the right to terminate the agreement without notice period and with immediate effect, if there is an important reason for such termination. In particular, the following examples constitute an important reason in which Alterdyne is entitled to terminate:
a) the Customer provides incorrect or misleading project information or personal information (such as his/her identity);
b) a breach of any obligation by the Customer under the GTC;
c) non-payment of the Services;
d) the opening of insolvency proceedings of a party to the extent legally permitted or a closing of business;
e) fraudulent behaviour; or
f) any other situation which makes it unacceptable for Alterdyne to continue the business relation with the Customer.
6.3 In case of important reasons, Alterdyne may also refuse to provide its Services to the Customer up to the moment the Customer has eliminated the existence of the respective important reason (instead of a termination). However, such refusal of Alterdyne to provide its Services shall not release the Customer from his/her payment obligation.
7.1 Alterdyne shall only be responsible for the working, the maintenance and the appropriateness of the Platform to effect a matchmaking based on the information each provided by the Customer. Any liability of Alterdyne in this respect is limited to damages of the Customer caused by gross negligent or wilful behaviour of Alterdyne. Any other liability of Alterdyne is excluded.
7.2 Alterdyne shall be only be liable for damages up to EUR 1,000.00 (in words: Euro thousand). Thus, any liability of Alterdyne for damages exceeding this amount is excluded.
7.3 In particular, any liability of Alterdyne for
a) any incomplete, incorrect or misleading data and/or information provided by a Customer; or
b) any violation of third party rights caused by the use of the Services by the Customer;
c) the success of matchmaking or any potential transaction following or initiated by the matchmaking procedure;
d) any non-fulfilment of business expectations of a Customer;
e) damages caused by force majeure; or
f) damages caused by IT cyber crime (e.g., hacker-attacks, virus, malware); and/or
g) temporary or permanent technical problems caused by third parties is explicitly excluded vis-à-vis any Customer.
The GTC constitute only rights enforceable by the Customer and do not constitute any right enforceable by any other party. Any claim of a third party against Alterdyne, in particular based on warranty, damages or unlawful enrichment, is excluded.
9.1 Each party shall protect all confidential information (whether orally, in writing or in any other form) which the other party provides to it. For such protection of confidential information, each party shall at least use the same standards as the recipient applies to its own confidential information, but in no event less than reasonable protection measures.
9.2 Each party's confidentiality obligations will not apply to information: (i) already known to it at the time of disclosure; (ii) in the public domain or publicly available; (iii) available from a third party who is under no such obligation of confidentiality; or (iv) independently developed by it. Each party may disclose confidential information to its legal advisers to protect its own legitimate interests and to comply with any legal or regulatory requirements. If any court, regulatory authority, professional body or legal process requires the recipient to disclose information covered by this confidentiality obligation, then the recipient may make any such disclosure; if the recipient will, if permitted by law, advise the other party promptly of any such requirement and cooperate, at such other party’s expense, in responding to it.
The Customer acknowledges and agrees that Alterdyne processes his/her personal data for purposes of the Services.
The Data Protection Notice of Alterdyne is available at http://alterdyne.energy/privacy/ .
11.1 The Customer shall use the Services only for his/her own purposes. The Customer shall only refer to Alterdyne and its Services, if agreed between the parties. All other IP rights with regard to the Platform and the Services, including but not limited to any trademark or exploitation rights, remain in the exclusive ownership of Alterdyne.
11.2 The Customer shall only use or refer to the company name and/or any registered trademark of Alterdyne, if Alterdyne agrees in writing.
12.1 If any of the provision of these GTC is wholly or partially void, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be impaired thereby. In such case, any illegal, void or unenforceable provision is replaced by such a valid, legal and enforceable provision that comes close to the commercial intent of the parties for the provision being replaced.
12.2 Any amendment to or modification of the GTC or any agreement on the waiver of the GTC require a written agreement between the parties.
12.3 Any notice of the Customer to Alterdyne shall be either send via
13.1 All disputes arising out of or in connection with the contractual relationship between the parties shall be governed by and construed in accordance with the laws of Austria excluding the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
13.2 All disputes arising out or in connection with these GTC or the legal relationship between the parties are subject to the exclusive jurisdiction of the competent court for Vienna, Inner City.