Last Update: November, 2025
1. Scope of Application
a) The present General Terms and Conditions (hereinafter referred to as "GTC") apply to legal transactions between Samuel Lasnik as a sole proprietor (trading as "Lasnikproduction" and the brand "LQAL.io" and "WeMakeAds.co"; hereinafter referred to as "lasnikproductions") and its customers. b) These GTC are exclusively applicable to companies, i.e., in the B2B sector. c) Any conditions or GTC of the customer deviating from these GTC shall not be valid unless expressly agreed upon in writing between lasnikproductions and the customer.
2. Subject Matter of the Contract and Performance Standards
a) lasnikproductions provides services for the customer to generate qualified contacts via digital platforms. b) The exact scope of services is specified in the respective offer. Depending on the agreement, lasnikproductions owes either:
Performance Service: The delivery of a defined number of qualified appointments or leads on a credit basis. The customer purchases a credit for a specific number of these results (appointments or leads).
An appointment is considered fulfilled when it has been booked in the customer's calendar and meets the criteria.
A lead is considered fulfilled when the validated contact details have been transmitted to the customer.
Ongoing Support (Retainer): The continuous management and optimization of advertising campaigns for a fixed monthly fee.
c) Definitions of results:
Qualified Appointments: Fully booked consultation appointments in the customer's calendar.
Pre-qualified Leads: Transmission of contact data of interested buyers who have been pre-filtered according to defined criteria. The service includes the technical setup of the systems as well as ongoing support.
d) lasnikproductions owes the effort to generate the contacts and the provision of the technical infrastructure. The economic success resulting from the contacts (e.g., conclusion of a contract) is not owed. e) Performance standards for lead processing: If telephone qualification has been agreed upon, lasnikproductions guarantees the following processing standards:
Initial contact: Incoming leads are generally contacted for the first time within 24 hours of receipt in the system on working days (Mon-Fri).
Persistence: If unreachable, lasnikproductions will make up to five (5) further contact attempts at different times of the day. Only after the sixth unsuccessful attempt is the lead considered "unreachable" (Status: Unresponsive).
Documentation: All contact attempts are transparently logged in the provided CRM system.
f) lasnikproductions is entitled to commission third parties to fulfill its obligations.
3. Conclusion of Contract
a) Upon a corresponding inquiry from the customer, lasnikproductions will submit an offer (package selection). The contract is concluded upon the customer's written acceptance of this offer. b) The contract begins with the acceptance of the offer and the invoicing for the setup and the credit.
4. Obligations of the Customer
a) The customer is obliged to do everything necessary so that lasnikproductions can begin the services on time and carry them out without interruption (e.g., provision of access data). b) Advertising Budget: The customer undertakes to pay a sufficient advertising budget (Ad Spend) directly to the platform operators (e.g., Meta, Google). In order to provide the agreed service within the calculated term of 30 days, the customer must adhere to the recommended daily budget guideline provided by lasnikproductions. c) Duty to Inspect and Report (Complaints):
For appointments (No-Show): The customer is obliged to inform lasnikproductions in writing within 24 hours if a booked appointment was not attended by the prospect. Important: A claim for reimbursement only exists if the prospect did not appear. If the customer themselves fails to attend the appointment (e.g., forgotten, prevented, technically unreachable), the appointment is considered successfully fulfilled and will be deducted from the credit.
For leads: The customer is obliged to check transmitted leads immediately. If a lead is obviously defective (e.g., wrong phone number, criteria not met), this must be reported in writing within 24 hours.
Review of the complaint: Every timely complaint will be reviewed internally by lasnikproductions (e.g., based on call recordings or CRM data). A credit will only be issued if this internal review confirms that the agreed criteria were objectively not met. If the review reveals that the lead/appointment complied with the contract, the complaint will be rejected. If no timely report is made, the appointment or lead is considered successfully fulfilled and will be deducted from the credit. A later complaint or credit is excluded.
d) Legal Review: If the customer provides images/texts, they guarantee that these are free of third-party rights and shall indemnify and hold lasnikproductions harmless.
5. Fees and Payment Terms
a) Setup Fee: A one-time setup fee is due for the technical setup (landing pages, CRM, automations). This fee is non-refundable, even in the event of early termination of the contract. b) Model A: Performance Credit (Pay-per-Result): If a package based on credit has been agreed upon, the fee is due in advance. The credit does not expire at the end of the month but remains valid until the agreed number of results has been delivered (subject to Section 8). c) Model B: Monthly Flat Rate (Retainer): If a monthly support flat rate has been agreed upon, this is due monthly in advance. In this model, lasnikproductions owes the ongoing support of the campaigns, but no specific quantitative success (number of leads). d) Administrative Fee for Delays (Model A only): For performance contracts, the goal is delivery within 30 days. If delivery takes longer than 30 days because the customer falls below the recommended advertising budget or pauses it, a monthly support fee of EUR 490.00 net shall apply from the 31st day. e) Advertising Costs: The costs for advertising placements with third-party providers are to be borne directly by the customer. f) Offsetting of customer claims against the remuneration is excluded. In the event of default of payment, default interest in accordance with Section 456 of the Austrian Commercial Code (UGB) is agreed upon.
6. Warranty and Liability
a) lasnikproductions warrants the proper execution of the contractually agreed service. b) Disclaimer for Platforms: lasnikproductions points out that social media providers can reject advertisements or block accounts without giving reasons. lasnikproductions assumes no liability for such failures. c) Liability for Success: lasnikproductions owes the procurement of qualified contacts (appointments or leads) according to the agreed criteria. Liability for further economic success (increase in sales) is expressly excluded. d) lasnikproductions is only liable for intent or gross negligence. The reversal of the burden of proof under Section 1298 (2) of the Austrian Civil Code (ABGB) is excluded. e) lasnikproductions is not liable for indirect damages, lost profits, or consequential damages. f) Claims for damages are limited in amount to the fee amount that the customer has paid to lasnikproductions in the last three months prior to the occurrence of the damage.
7. Performance Guarantee (30-Day Guarantee)
a) lasnikproductions grants a 30-day guarantee for the provision of a previously contractually defined number of leads. b) Should this specified number of leads not be reached within the period, lasnikproductions commits to waiving the agreed agency fee for one (1) month. c) This guarantee is only valid under the strict observance of the following provisions:
Budget Adherence: The advertising budget recommended by lasnikproductions must be adhered to without exception throughout the entire guarantee period. If the budget is reduced at any time without prior justification and agreement, the guarantee becomes void with immediate effect.
Starting Point: The 30-day period begins exactly at the time of the first active advertisement placement (campaign go-live).
Cooperation and Payment: If there are delays on the part of the customer (e.g., due to missing or delayed approvals) and a second service invoice becomes due during this period, this must be paid on time in order to fully maintain the guarantee claim.
8. Term, Termination, and Refunds
a) For Model A (Credit): The contract generally runs until the purchased performance credit has been completely used up.
Right of withdrawal in case of non-performance: If the goal is not reached within 8 weeks despite adherence to the budget, the customer has a special right of termination.
Refund (Pro-Rata): In the event of termination by lasnikproductions or special termination by the customer, undelivered results will be refunded. The setup fee remains with lasnikproductions.
b) For Model B (Monthly Flat Rate): The contract is concluded for an indefinite period. It can be terminated by either party subject to a notice period of 14 days to the end of the month, provided no minimum term (e.g., 3 months) was agreed upon in the offer. c) General Right of Termination: lasnikproductions is entitled to terminate the contract in writing at any time without stating reasons. In the case of credit contracts, the pro-rata refund applies in this scenario. d) The right to extraordinary termination for good cause remains unaffected. e) Upon termination of the contract, all advertisements placed by lasnikproductions will be set to inactive.
9. Copyright/Usage Rights
a) The content created by lasnikproductions remains the property of lasnikproductions until the setup fee has been paid in full. b) Upon full payment of the setup fee, the customer receives a simple right of use to the created landing pages for their own purposes. c) The customer is not entitled to pass on concepts or strategies of lasnikproductions to third parties.
10. Amendments to the GTC lasnikproductions will inform the customer about amendments to the GTC. If the customer does not object in writing within 14 days, the amendments are deemed to have been accepted.
11. Choice of Law and Jurisdiction a) Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). b) The court with subject-matter jurisdiction at the registered office of lasnikproductions shall be responsible for disputes. c) Severability clause: Should any provision be invalid, it shall be replaced by a provision that comes closest to the economic intent of the invalid provision.
