Terms of Service
August 2023
1. Scope of Application
These General Terms and Conditions (hereinafter referred to as „GTCs“) define the rights and obligations between the Social Business Network (hereinafter referred to as „SBN“) and its network partners (hereinafter referred to as „Partners“) and members. The GTCs are applicable to all services and business relations between SBN and its Partners/Members. The data protection provisions related to the communication platform operated by SBN are considered an integral part of these GTCs.
2. Purpose and Business Model
SBN positions itself as a platform dedicated to promoting economic activities in the ESG (Environmental, Social, and Governance) sector. It seeks to bridge the gap between providers of products, services, and expertise in this domain with potential customers eager to avail of these services. As a communication hub, SBN leverages a myriad of communication tools, including websites, community apps, social media channels, and direct personal interactions, to effectively link suppliers and their prospective clients.
Furthermore, SBN extends an opportunity to its partners to serve as sales affiliates by facilitating orders for products and services. This sales activity can transpire through direct trade processes or through commission-based intermediation. It‘s pivotal to recognize that the actual service delivery is consistently executed by the partner directly to the end customer.
3. Core Services & Contracts
SBN provides partners and members with a range of services, such as encompassing association with the network and providing a communication/marketing platform, a distribution platform, and an intermediation platform. To avail these services, entering into a framework agreement between SBN and the partner is compulsory. Moreover, specific service agreements may need to be concluded to tailor the nature of business cooperation between SBN and the partner.
4. Products, Services and Consulting
SBN offers an array of services, products, and consulting. Should the partner use these services without an existing contractual agreement (either a framework agreement or a specific service agreement), the prevailing price list for services and products at the time of usage will apply, as well as tiered hourly service rates based on value. Partners with an active contractual relationship are entitled to discounts on standard prices and hourly rates.
5. Membership Fees, Duration and Termination
Membership or partnership arises from the execution of a framework agreement, combined with the payment of the membership fee stipulated for each specific partner/member category. The partner/member category is determined by the size of the partner company, gauged by its employee count, and also by whether the partner company is profit-oriented or non-profit (charitable). The framework agreement outlines the duration and termination provisions for memberships and partnerships. In every scenario, the payment of the membership fee is mandatory for accessing SBN services by the partner or member. Should there be a delay in payment, SBN retains the right to either partially or fully suspend its services.
6. Commissions Claims and Liability
SBN may offer the partner intermediary and accompanying services, from which commission claims can arise. These are governed by the framework agreement. If no active contractual relationship exists between SBN and the partner, services rendered by SBN will be billed at the hourly service rates valid at the time of service provision.
Partners are fundamentally required to adhere to legal regulations when delivering their services and, in the event of brokering their services, to hold harmless and indemnify from any associated claims.
SBN is not liable for violations of third-party intellectual property rights by the partner during the collaboration.
7. Data Protection and Confidentiality
SBN and its contractual partners commit to maintaining confidentiality and safeguarding confidential information as well as personal data.
When utilizing the digital services provided by SBN (e.g., the community platform), SBN‘s data protection provisions apply fully and identically to the partner.
Any violation of the data protection regulations will lead to the immediate suspension of the partner from using these services. Should there be actions in contravention of prevailing legal regulations (e.g., GDPR), SBN will enact all appropriate measures to swiftly reinstate the security and integrity of the platform. This includes initiating legal proceedings to defend the interests of SBN, its partners, and members, as well as all platform users, which might lead to criminal and civil repercussions.
8. Other Regulations
These GTCs are subject to Austrian law. The place of jurisdiction for both parties is Vienna.
Should individual provisions of these GTCs be or become invalid, this shall not affect the validity of the remaining provisions.