Note: This is a convenience translation. The legally binding version is the German one, available at the German page. In case of any discrepancy, the German version prevails.
General Terms and Conditions (GTC)
Reichweitenwerk — a brand of ODS GmbH
As of: 19.06.2026 · Version 1.0 · Applies exclusively to entrepreneurs (B2B)
Provider / Contracting party: ODS GmbH, trading under the brand „Reichweitenwerk" (hereinafter „Reichweitenwerk") Company name: ODS GmbH · Commercial register number: FN 660971 t · Register court: LG für ZRS Graz · Registered office/address: Dr.-Billroth-Siedlung 8/2, 8435 Leitring, Austria · VAT ID: ATU82555628 · Email: support@reichweitenwerk.at · Web: reichweitenwerk.at
Preamble
Reichweitenwerk provides services for increasing local and regional reach for location-based businesses (in particular trades and construction, gastronomy and hotel industry, local service providers as well as local retail) through the planning, set-up, placement and optimization of online advertising on Google Ads, Meta (Facebook/Instagram) and TikTok. Reichweitenwerk is aimed exclusively at entrepreneurs within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG); the provisions of the Consumer Protection Act do not apply.
1. Scope and Definitions
1.1 Reichweitenwerk renders all services exclusively on the basis of these GTC. These also apply to all future business relationships, even if no express reference is made to them.
1.2 Ancillary agreements, reservations, amendments or supplements require written form to be valid; this also applies to any deviation from the written-form requirement. Email is sufficient unless otherwise stipulated in these GTC.
1.3 Conflicting or deviating terms of the client become effective only if they are expressly acknowledged in writing by Reichweitenwerk, even if known.
1.4 Definitions: „Client" is the customer of Reichweitenwerk. „Tariff" is the service package selected in the service agreement. „Channels" are Google Ads, Meta and TikTok. „Impression" is a display of an advertisement as reported by the respective advertising platform. „Billing month" is the respective calendar month of the ongoing provision of services.
2. Subject Matter of the Contract and Description of Services
2.1 The subject matter of the contract is the increase of the client's local/regional visibility through online advertising within the scope of the selected tariff. The specific scope of services results from the selected tariff pursuant to Appendix 1 (Service and Tariff Overview) as well as from the client's information in the onboarding form.
2.2 Owed services (depending on tariff): strategy and target-group definition, set-up and management of advertisements on Reichweitenwerk's advertising account (whitelabel, cf. § 13), creation of advertising materials to the agreed extent, placement and ongoing optimization of campaigns on the booked channels as well as regular reporting.
2.3 Not owed are in particular: a specific economic success (clicks, calls, enquiries, reservations, appointment bookings, store visits/walk-ins, sales, revenue, return on ad spend); the creation or maintenance of the client's website, online shop or Google business profile; search engine optimization (SEO); email, print or out-of-home advertising; on-site photo/video productions, unless expressly agreed in the tariff or offer.
2.4 Reichweitenwerk provides the service as a service (continuing obligation); it is not a contract for work and services. What is owed is professional effort, not a specific success, subject to the impressions guarantee pursuant to § 5.
2.5 The cooperation generally takes place remotely (email, telephone, video call). In-person appointments are optional and require a separate agreement.
3. Conclusion of Contract
3.1 The basis for the conclusion of the contract is the service agreement or the respective offer of Reichweitenwerk, in which the tariff and remuneration are set out. Offers are non-binding and without obligation.
3.2 The contract is concluded upon signing of the service agreement (also electronically via Zoho Sign or similar) or through unmistakably recognizable action by Reichweitenwerk. By signing, the client acknowledges the version of these GTC valid at the time of conclusion of the contract as a binding part of the contract.
3.3 In the event of contradictions between an individual offer/service agreement and these GTC, the individual offer/the service agreement prevails.
3.4 These GTC are available at any time at reichweitenwerk.at/agb.
4. Performance Obligations of Reichweitenwerk
4.1 Reichweitenwerk renders the services described in the selected tariff (Appendix 1) with the care of a knowledgeable service provider.
4.2 Reichweitenwerk sets up the campaigns after completion of the onboarding. The following minimum lead times apply from the complete provision of all required content and approvals by the client: campaign set-up and initial placement 14 working days; simple advertisement/creative adjustments 7 working days. These periods are maximum periods and may be undercut.
4.3 Reichweitenwerk selects channels, ad formats, targeting and budget allocation within the booked tariff at its own professional discretion, oriented towards the client's goals and the impressions guarantee (§ 5).
4.4 Reichweitenwerk provides the reporting agreed in the tariff (frequency and scope pursuant to Appendix 1).
4.5 Reichweitenwerk is entitled to engage third parties for the provision of services (§ 16).
4.6 Planned absences (e.g. vacation) will be announced in good time; affected services will be made up. The achievement of the impressions guarantee remains unaffected.
5. Impressions Guarantee
5.1 Reichweitenwerk guarantees the client at least 100 ad impressions per billing month for each EUR 1.00 of the net monthly fee paid to Reichweitenwerk (tariff fee excluding VAT) across the channels booked in the selected tariff (the „impressions guarantee"). The guaranteed number of impressions therefore follows directly from the net monthly fee agreed in the service agreement (at least 100× the fee in EUR).
5.2 The binding data source for measurement is exclusively the reporting of the advertising platforms: Google Ads (metric „Impr."), Meta Ads Manager (metric „Impressions") and TikTok Ads Manager (metric „Impressions"), totaled across all booked channels and the entire billing month.
5.3 The guarantee relates exclusively to the display of advertising (impressions). A specific economic success — in particular clicks, website visits, calls, enquiries, reservations, appointment bookings, store visits, sales, revenue or a specific return on ad spend — is expressly not owed and is not the subject of the guarantee.
5.4 Preconditions: The guarantee applies only if the client fully fulfils its duties to cooperate (§ 6), in particular provides required content/assets and approvals on time and the booked campaigns can be run actively without interruption during the entire billing month. The guarantee lapses for periods in which the display is restricted for reasons outside Reichweitenwerk's area of responsibility (e.g. delayed approvals, missing or unlawful content, official or platform-side objections without fault on the part of Reichweitenwerk, force majeure).
5.5 Legal consequence in the event of non-achievement: If the guaranteed number of impressions is not reached in a billing month for reasons attributable to Reichweitenwerk, Reichweitenwerk grants, at its own choice, (a) a make-up of the missing impressions in the following month or (b) a pro-rata credit on the monthly fee in proportion of the missing to the guaranteed number of impressions. Further claims (in particular damages or withdrawal) are excluded; § 12 remains unaffected.
5.6 The impressions guarantee applies for the first time from the first complete billing month after completion of the campaign set-up (§ 4.2).
5.7 Trial month (first billing month). Reichweitenwerk guarantees compliance with the impressions guarantee (§ 5.1) as early as the first complete billing month pursuant to § 5.6 (the "trial month"). If the guaranteed number of impressions is not reached in the trial month for reasons attributable to Reichweitenwerk, the client is entitled – by way of derogation from § 5.5 – to terminate the contract without notice with immediate effect; any agreed minimum term (§ 9.2) and the cancellation fee (§ 9.3) do not apply in this case. The services already rendered in the trial month must be remunerated; there is no further claim, in particular no refund of the fee. The right of termination requires that the client has duly and fully complied with its duties to cooperate (§ 6) on time (§ 5.4). It must be exercised in writing (email is sufficient) at the latest within three (3) days after the end of the first billing month (trial month); otherwise the contract continues under the agreed terms and § 5.5 remains applicable for the trial month.
6. Duties to Cooperate of the Client
6.1 The client shall provide Reichweitenwerk without delay and free of charge with all information, accesses and documents required for the provision of services, in particular: logo and existing brand/image materials, information on target group and catchment area, products/services to be advertised, objectives, as well as — where required — access to the Google business profile and the client's own website. Details are governed by the onboarding form.
6.2 The client checks all provided content (in particular logos, photos, texts) for copyright, trademark and other third-party rights. Reichweitenwerk is not liable for the infringement of such rights and shall be held harmless and indemnified by the client in this respect.
6.3 Approvals and response times: Templates, advertisements and changes are generally deemed approved. If the client wishes an adjustment, this must be reported within three (3) working days; if no timely feedback is given, the content is deemed approved. General communication takes place on working days within 72 hours, primarily by email.
6.4 Deliveries to Reichweitenwerk are accepted exclusively by email or post. Messages and documents via WhatsApp or comparable services are not deemed delivered.
6.5 Three (3) correction loops per advertising material are included. Revisions beyond this may be invoiced separately after prior notice.
6.6 The client bears the additional effort arising from incorrect, incomplete or subsequently changed information. In the case of appointments without cancellation, an automatic termination applies after 15 minutes.
6.7 The client ensures that its website provides the required data protection notices (privacy policy, cookie consent) and is technically functional, insofar as advertising refers to it.
6.8 Legal compliance of the advertised content: The client is responsible for the legal admissibility of the advertised products, services, offers and statements (in particular price, advertising and industry-specific requirements). Reichweitenwerk is entitled to refuse or discontinue the placement of unlawful, misleading content or content that violates platform guidelines.
6.9 Platform guidelines: In addition, the advertising guidelines and terms of use of the respective platform (Google, Meta, TikTok) apply. Ad rejections as well as account or campaign suspensions by a platform are outside Reichweitenwerk's sphere of influence and do not give rise to any liability (§ 12).
7. Remuneration and Payment Terms
7.1 The remuneration results from the net monthly fee agreed in the service agreement (plus statutory VAT). Reichweitenwerk offers flexible standard tariffs (Basic, Plus, Premium) as well as individually agreed fees; the specific monthly fee is determined and agreed individually solely in the service agreement.
The fee agreed in the service agreement is always decisive; the associated scope of services results from Appendix 1. The impressions guarantee (§ 5) scales automatically with the agreed fee.
7.2 Billing takes place monthly in advance. Invoices are issued electronically; the payment term is ten (10) calendar days from the invoice date, unless otherwise agreed. Payment is made by SEPA direct debit (automatic collection) from the client's account; for this purpose the client grants a SEPA direct debit mandate (SEPA Core).
7.3 The advertising budget (media costs) is included in the tariff fee; details are governed by § 8.
7.4 In the event of default in payment, default interest of 13.08 % p.a. as well as reasonable reminder and collection costs apply. In the event of non-payment, Reichweitenwerk is entitled to withhold or pause services — including campaign placement — until outstanding amounts are settled in full. For paused periods, the impressions guarantee lapses entirely (§ 5).
7.5 The client is not entitled to offset its own claims against claims of Reichweitenwerk, unless these have been acknowledged in writing or established by a court. No discount for early payment is granted.
7.6 Value retention: The fees are value-secured on the basis of the Consumer Price Index 2020 (CPI 2020) published by Statistics Austria. The base month is the month of conclusion of the contract; the adjustment is made each year on 1 January on the basis of the index figure for October of the previous year. Fluctuations of up to 2 % are disregarded; if exceeded, the entire change becomes effective. Amounts are rounded commercially to whole euros.
7.7 Price adjustment beyond value retention is communicated in writing (email is sufficient) at least six (6) weeks before it takes effect. If the client does not object within four (4) weeks, the adjustment is deemed approved. In the event of a timely objection, Reichweitenwerk is entitled to an extraordinary right of termination with a period of 30 days to the end of the month.
8. Advertising Budget
8.1 Deviating from a separate media-budget billing, the advertising budget (platform media costs) is included in the respective tariff fee. A separate media budget is not invoiced to the client.
8.2 As Reichweitenwerk holds the advertising accounts in whitelabel (§ 13), Reichweitenwerk bears the media costs incurred vis-à-vis the platforms and does not pass these on separately.
8.3 Reichweitenwerk controls the amount, allocation and use of the advertising budget within the booked channels at its own professional discretion; what is decisive is compliance with the impressions guarantee (§ 5). The client has no claim to a specific media-budget amount, a specific budget allocation or to disclosure of the internal cost calculation.
9. Term and Termination
9.1 The contract enters into force upon bilateral commitment (signing of the service agreement) or upon receipt of payment by Reichweitenwerk.
9.2 The minimum term results from the service agreement and is, at choice, three (3), six (6) or twelve (12) months from the start of the contract. If the service agreement contains no provision, a minimum term of six (6) months applies. After expiry of the minimum term, the contract continues for an indefinite period and may be terminated ordinarily by either party in writing (email is sufficient) with a period of one (1) month to the end of the month. There is no automatic renewal with a new commitment period.
9.3 Early termination: If the contractual relationship is terminated ordinarily by the client before expiry of the minimum term or ended for reasons attributable to the client, the net monthly fees outstanding until the end of the minimum term fall due as a cancellation fee. It falls due upon receipt of the notice of termination and must be settled within ten (10) days of invoicing. Services already rendered must in any case be remunerated in full. A special right of termination for the client in the first billing month (trial month) is governed by § 5.7; in the case of such termination, the minimum term and cancellation fee do not apply.
9.4 The right to extraordinary termination for good cause remains unaffected for both parties. In the case of a justified extraordinary termination by the client, the cancellation fee does not apply.
9.5 Reichweitenwerk is entitled to extraordinary termination in particular in the event of default in payment despite a grace period, in the event of justified concerns about creditworthiness without provision of security, as well as in the event of repeated breach of duties to cooperate.
9.6 Regarding the legal consequence concerning the advertising accounts and campaigns at the end of the contract, see § 13.
10. Data Protection and Commissioned Processing (GDPR)
10.1 Both parties comply with the provisions of the GDPR and the Austrian Data Protection Act (DSG).
10.2 Insofar as Reichweitenwerk processes personal data on behalf of the client (e.g. customer lists provided by the client for the creation of custom audiences or lead/contact data generated via advertising measures), the data processing agreement pursuant to Art. 28 GDPR additionally applies (separate document „DPA", an integral part of the contract; see also Appendix 2).
10.3 The advertising platforms (Google, Meta, TikTok) process personal data as their own or joint controllers under their own terms. A transfer to third countries (in particular the USA) takes place on the basis of an adequacy decision or the EU standard contractual clauses of the respective platform.
10.4 As Reichweitenwerk controls the campaigns via its own advertising accounts (whitelabel, § 13), Reichweitenwerk is largely an independent controller with regard to campaign management; commissioned processing applies to the data processed on behalf as referred to in 10.2.
10.5 The client ensures that the required legal bases and consents are in place for the data it provides and for the tracking/consent mechanisms used on its website.
11. Warranty
11.1 The client must assert any complaints without delay, in any case within three (3) days after the service, in writing. In the case of a justified complaint, the client is initially only entitled to improvement or replacement of the service.
11.2 If documents approved by the client contain errors (e.g. typing or spelling errors), Reichweitenwerk is not liable for this.
11.3 The burden of proof for the existence of a defect, the time of detection and the timeliness of the notice of defect lies with the client.
12. Liability and Limitation of Liability
12.1 Reichweitenwerk does not guarantee any economic success (subject to the impressions guarantee pursuant to § 5). No liability is assumed for technical outages, reach, display or function restrictions caused by third-party providers (in particular Google, Meta, TikTok) as well as for platform-side account suspensions, ad rejections or guideline changes without fault on the part of Reichweitenwerk.
12.2 Reichweitenwerk is liable only for damages based on intent or gross negligence. Liability for slight negligence is excluded. The existence of gross negligence must be proven by the injured party.
12.3 Liability is limited in amount to the typical, foreseeable damage and does not in total exceed the net annual fee paid by the client in the preceding twelve (12) months. Liability for lost profit, indirect damages and consequential damages is excluded.
12.4 Any claim for damages must be asserted in court within two (2) months of becoming aware of the damage and the injuring party, otherwise it lapses.
12.5 The limitations of liability do not apply to damages arising from injury to life, body or health as well as to mandatory statutory liability cases.
13. Intellectual Property, Usage Rights and Advertising Accounts
13.1 Advertising accounts (whitelabel): All advertising accounts used for the provision of services on Google Ads, Meta, TikTok and similar are created, held and managed by Reichweitenwerk. These accounts as well as the campaign structures, settings, target-group and optimization data contained therein remain the property or sole power of disposal of Reichweitenwerk.
13.2 At the end of the contract, Reichweitenwerk is entitled to deactivate or permanently remove the campaigns created or managed within the scope of the services at any time. Reichweitenwerk is not obliged to ensure the continued placement, maintenance, preservation, surrender or migration of these advertising accounts and campaigns to the client.
13.3 The client's own channels (in particular its own website, its own Google business profile, its own social media profiles) remain the property of the client. Reichweitenwerk only receives administrative access to these for the duration of the contract, which ends at the end of the contract.
13.4 Advertising materials/creatives: All advertising materials created by Reichweitenwerk (texts, graphics, videos) remain the property of Reichweitenwerk until full payment of the respective monthly fee. Upon full payment, the client receives a simple, non-exclusive and non-transferable right of use to the advertising materials finally displayed for it, for its own advertising purposes. Source files, project files, templates and campaign set-ups are not included in this.
13.5 Content provided by the client (logo, photos, texts) remains its property; the client grants Reichweitenwerk the right of use required for the provision of services and warrants that it is entitled to do so (cf. § 6.2).
14. Confidentiality
Both parties treat all sensitive information obtained within the scope of the cooperation as strictly confidential and do not pass it on to third parties. This obligation applies beyond the end of the contract. Excepted is information that is obvious or that must be disclosed due to a statutory or official order.
15. Use as Reference
15.1 Reichweitenwerk is entitled to use the services and project results rendered within the scope of the cooperation as a reference or case study (website, social media, presentations, portfolios), provided that no confidential information is disclosed.
15.2 Economic key figures are published exclusively in anonymized form — without reference to the name, logo, brand or other identifying characteristics of the client. Insights into backends, advertising accounts, target-group settings or tracking configurations are not granted.
15.3 The client may revoke the use of its name as a reference at any time in writing (email is sufficient); Reichweitenwerk removes or adjusts the affected content within a reasonable period.
16. Engagement of Third Parties
16.1 Reichweitenwerk is entitled to use third parties (e.g. subcontractors, freelancers, production partners) to render the services.
16.2 Reichweitenwerk selects third parties carefully and pays attention to the required professional qualification. The platform media costs are covered by § 8.
17. Force Majeure, Absence
17.1 Events of force majeure (e.g. natural events, pandemics, strikes, official measures, large-scale platform or internet outages) release the affected party from the obligation to perform for their duration. For such periods, the impressions guarantee lapses for the affected billing month (§ 5).
17.2 Planned absences are announced at least three (3) days in advance; affected services are made up.
18. Dispute Resolution and Mediation
The contracting parties undertake, in the event of disputes arising from or in connection with this contract, to first seek an amicable settlement by way of a mediation procedure (mediation rules of the ÖBM or a comparable organization). The costs of the mediation are borne by the parties in equal parts. Only after the failure of the mediation is legal recourse available.
19. Applicable Law and Place of Jurisdiction
19.1 Austrian law applies, excluding the referral provisions of private international law and the UN Convention on Contracts for the International Sale of Goods.
19.2 The competent civil court in Graz is agreed as the exclusive place of jurisdiction. The contract is concluded exclusively with entrepreneurs (§ 1).
20. Severability Clause
Should individual provisions of these GTC be or become wholly or partially invalid or unenforceable, this does not affect the validity of the remaining provisions. The invalid or unenforceable provision is to be replaced by a valid provision that comes closest to the economic purpose of the invalid provision. The same applies to any gaps in the provisions.
21. Final Provisions
21.1 Amendments and supplements to these GTC require written form as well as the express consent of the contracting parties to be effective; this also applies to any deviation from the written-form requirement.
21.2 Reichweitenwerk reserves the right to adjust these GTC in writing (email is sufficient) with a notice period of two (2) weeks. If the client does not object within two (2) weeks of receipt, the amended GTC are deemed accepted. In the event of a timely objection, the previous GTC continue to apply; Reichweitenwerk is entitled to an extraordinary right of termination with a period of 30 days to the end of the month.
21.3 In the event of contradictions, the following order of precedence applies: (1) service agreement/individual offer, (2) appendices, (3) these GTC.
21.4 The place of performance is the registered office of Reichweitenwerk.
21.5 Assignment: Reichweitenwerk is entitled to transfer rights and obligations under this contract in whole or in part to an affiliated company or a legal successor. The client may transfer its rights and obligations under this contract only with the prior written consent of Reichweitenwerk.
Appendix 1 — Service and Tariff Overview
| Service | Basic | Plus | Premium |
|---|---|---|---|
| Booked channels | 1 channel (Google or Meta) | 2 channels (Google + Meta) | 3 channels (Google + Meta + TikTok) |
| Guaranteed impressions/month (§ 5) | ≥ 100 × net monthly fee | ≥ 100 × net monthly fee | ≥ 100 × net monthly fee |
| Campaign set-up | Basic set-up, 1 campaign (local search/Local) | Extended set-up, up to 2 campaigns | Full funnel, up to 4 campaigns |
| Advertising materials/creatives | up to 3 static creatives | up to 6 creatives | up to 12 creatives, incl. simple video edits |
| Optimization frequency | monthly | every 14 days | weekly |
| Reporting | monthly (automated, PDF) | monthly + quarterly call | every 14 days + monthly strategy call |
| Advertising budget (media costs) | included in the tariff | included in the tariff | included in the tariff |
| Advertising accounts | Whitelabel (Reichweitenwerk) | Whitelabel (Reichweitenwerk) | Whitelabel (Reichweitenwerk) |
| Support | Email + telephone | prioritized, dedicated contact person |
Correction loops: 3 per advertising material included (§ 6.5). Minimum lead time set-up: 14 working days (§ 4.2). Term: at choice 3, 6 or 12 months (determined in the service agreement, § 9.2). Monthly fee agreed individually in the service agreement (§ 7.1); guaranteed impressions = 100 × net monthly fee (§ 5).
Appendix 2 — Data Processing Agreement (DPA)
The data processing agreement pursuant to Art. 28 GDPR is executed as a separate document („DPA Reichweitenwerk") and forms an integral part of this contractual relationship. It governs the subject matter, nature and purpose of the processing, data categories and data subjects, rights of instruction, confidentiality, technical and organizational measures (TOMs), sub-processors, third-country transfers, support with data-subject rights as well as deletion/return after the end of the contract.
