Contract information
Before the order is placed, Martin Wetzel Design expressly provides the client with the following information:
1. Trademark rights
1.1. If the order placed with Martin Wetzel Design does not consist of creating a distinctive sign (trademark), Martin Wetzel Design is not obliged to check the client's sign for any potential conflicts. If commissioned to create a distinctive sign, Martin Wetzel Design only carries out a rough check. The obligation to carry out a rough check does not apply if Martin Wetzel Design makes an express agreement to this effect with the client.
1.2. A rough check covering the entire EU is not possible for Martin Wetzel Design owing to a lack of resources and language skills. If there is interest in an EU-wide search or a more in-depth examination, Martin Wetzel Design recommends consulting a lawyer, who is to carry out a comprehensive similarity search from a legal perspective.
2. Copyright
For content (photos, texts, logos, music) provided by the client, Martin Wetzel Design is unable to check it for infringements. It is the client's responsibility to carry out the rights clearance for such content provided.
3. Social media platforms
If Martin Wetzel Design offers the client, among other things, the setup and management of communication for advertising purposes via social media platforms (e.g. instagram, facebook, pinterest, netlog or x), the following particularities must be observed:
3.1. Before the order is placed, Martin Wetzel Design informs the client that the providers of social media platforms reserve the right in their terms of use to reject or remove advertisements and advertising presences for any reason. The providers are not obliged to forward content and information to users. There is therefore a risk, beyond the control of Martin Wetzel Design, that advertisements and advertising presences may be removed without reason. In the event of a complaint by another user, the providers do grant the opportunity to submit a counterstatement, but even in this case the content is removed immediately. Martin Wetzel Design cannot guarantee that the commissioned campaign will be available at all times.
3. 2. Martin Wetzel Design expressly points out to the client that the way social media platforms function entails that third-party rights, in particular copyrights, may be infringed (for example, reproductions of a photograph when a link is set). Owing to the speed involved, Martin Wetzel Design can neither monitor third-party content nor clear the rights with regard to the content it uses itself.
3. 3. Martin Wetzel Design works on the basis of the providers' terms of use and also bases the client's order on them. By placing the order, the client expressly acknowledges that these terms of use (co-)determine the rights and obligations of any contractual relationship. However, Martin Wetzel Design cannot guarantee compliance with the providers' terms of use owing to their often unfounded strictness and/or inconsistency.
4. Risk notices
If, before the start of a project/campaign, Martin Wetzel Design specifically informs the client that a project or campaign involves a specific risk or could infringe third-party rights, and the client accepts this risk, it is deemed agreed and assumed that Martin Wetzel Design has fulfilled its contractual obligations.
4.1 Privacy policy pursuant to Articles 13 and 14 GDPR
Martin Wetzel Design processes your personal data falling under the following data categories :
- Name/company
- Profession
- Company register number
- Powers of representation
- Contact person
- Business address and other addresses of the client
- Telephone number, fax number, email address
- Bank details
- VAT ID number
You have voluntarily provided Martin Wetzel Design with data about yourself, and Martin Wetzel Design processes this data on the basis of your Consent for the following purposes:
- client support and
- for its own advertising purposes, for example for sending offers, advertising brochures and newsletters (in paper and electronic form), and for the purpose of referring to the existing or former business relationship with the client (reference).
You can withdraw this consent at any time. A withdrawal means that Martin Wetzel Design will no longer process your data for the above purposes from that point onwards.
To withdraw your consent, please contact:
Martin Wetzel, office[at]martinwetzeldesign.com
The data you have provided is also required for the performance of the contract or for the implementation of pre-contractual measures. Without this data, Martin Wetzel Design cannot conclude the contract with you.
Martin Wetzel Design stores your data for 3 years.
For this data processing, Martin Wetzel Design uses processors .
Martin Wetzel Design does not pass on your data.
You can reach Martin Wetzel Design using the following contact details:
Martin Wetzel Design, office[at]martinwetzeldesign.com
You can reach the data protection officer at:
Martin Wetzel Design, office[at]martinwetzeldesign.com
Information on legal remedies
In principle, you have the rights to access, rectification, erasure, restriction, data portability and objection. To exercise these rights, please contact Martin Wetzel Design. If you believe that the processing of your data violates data protection law or that your data protection rights have otherwise been infringed, you can lodge a complaint with the supervisory authority. In Austria, the competent authority is the Austrian Data Protection Authority (Datenschutzbehörde) .
The place of performance is the registered office of Martin Wetzel Design.
The place of jurisdiction for all disputes is the court with subject-matter jurisdiction in Vienna. Austrian law applies exclusively.
Conclusion of contract
Google Ads management is provided on the basis of the respective digital quote from Martin Wetzel Design, the services, prices, terms and conditions set out therein, and these special contract notes.
The contract is concluded as soon as the client signs the digital quote electronically or by hand and the signed acceptance of the quote is received by Martin Wetzel Design. By signing, the client accepts the quote bindingly and commissions Martin Wetzel Design with the services described in the quote.
The General Terms and Conditions linked in the digital quote, other contract information and these special contract notes on Google Ads management become part of the contract. By signing, the client confirms that they were made aware of these documents before the contract was concluded, were able to view them and accept them as part of the contract.
The version of the General Terms and Conditions and contract information available at the time the quote was signed is authoritative. Individual agreements in the respective quote take precedence over these special contract notes.
Confirmation
By signing the digital or written quote, the client confirms that they bindingly accept the quote and commission Martin Wetzel Design with the services described therein.
The client further confirms that the General Terms and Conditions, the other contract information and these special contract terms for Google Ads management were made available to them before signing via the links provided in the quote, that they were able to view them and that they accept them as part of the contractual relationship.
Special contract terms for Google Ads management
These special contractual notices apply in addition to the General Terms and Conditions and other contractual notices of Martin Wetzel Design, insofar as services in the area of Google Ads, search engine advertising, performance marketing or related analysis, tracking or optimisation services are commissioned.
These contractual notices do not replace the individual service description in the respective quote. Prices, contract terms, notice periods and specific scopes of service are set out in the respective quote or contract.
1. Nature of the service and no guarantee of success
The management of Google Ads campaigns constitutes a service. Martin Wetzel Design owes professional, careful work based on the agreed scope of services, but does not owe any specific commercial success.
In particular, no specific results, leads, sales, conversion rates, click prices, ad positions, rankings, reach, impressions, approvals by Google or other performance indicators are guaranteed. The success of Google Ads campaigns depends, among other things, on the market, competition, advertising budget, search behaviour, website or landing page, offer, pricing, tracking, approval processes, seasonal influences, as well as the systems, policies and decisions of Google.
2. Google as a third-party provider
Google Ads, Google Analytics, Google Tag Manager, Google Search Console and other Google services are provided by Google or affiliated companies. Martin Wetzel Design has no influence on technical changes, policy changes, account reviews, ad disapprovals, restrictions, suspensions, approval processes, auction mechanisms, billing systems or other decisions made by Google.
To the extent permitted by law, Martin Wetzel Design shall not be liable for outages, disapprovals, restrictions, suspensions, changes in performance, technical disruptions, policy decisions, click fraud, automated delivery, auction dynamics or other circumstances caused by Google or other third-party providers.
3. Advertising budget and billing by Google
The advertising budget, media spend or ad budget is not part of the remuneration of Martin Wetzel Design, unless expressly agreed otherwise in writing. Billing of the advertising budget is generally carried out directly between the client and Google.
The client is responsible for providing a valid payment method in the respective advertising account, paying Google invoices on time and making sufficient budgets available. Payment issues, rejected credit cards, budget limits or account suspensions due to billing issues may impair or prevent campaign delivery.
The client acknowledges that Google may, due to system-related reasons, exceed or fall short of daily budgets and that spending may shift depending on auction, delivery and billing mechanisms. To the extent permitted by law, Martin Wetzel Design assumes no liability for budget-related deviations resulting from Google’s systems or billing mechanisms.
4. Client’s duty to cooperate
The client shall provide Martin Wetzel Design in due time with all information, access rights and approvals required for the provision of the services. This may include, in particular, access or permissions for Google Ads, Google Analytics, Google Tag Manager, Google Search Console, website/CMS, landing pages, consent management systems or other relevant tools.
The client is obliged to provide all information relevant to the campaigns completely and correctly. This includes, in particular, information on products and services, prices, target regions, target groups, exclusions, contact channels, legal restrictions, industry-specific requirements and permissible advertising claims.
Delays, additional expenses or limitations in performance resulting from missing, late, incomplete or incorrect cooperation by the client shall not be attributable to Martin Wetzel Design. Additional expenses arising from this may be charged separately, unless otherwise agreed.
5. Responsibility for content, legality and industry requirements
The client is responsible for the legal admissibility of the advertised content, offers, statements, landing pages, prices, mandatory information, images, trademarks, texts, claims and other materials.
This applies in particular to data protection law, competition law, trademark law, copyright law, consumer protection law, professional regulations, health-related statements, medical or therapeutic information, price information, information obligations, legal notice, privacy policy, cookie or consent banner and other legal or industry-specific requirements.
Martin Wetzel Design does not provide legal advice and does not assume any legal, tax, medical, professional or regulatory review of advertising content, landing pages or business models. Where necessary, the client must obtain qualified legal or other professional advice independently.
In sensitive industries, in particular in the areas of health, medicine, therapy, finance, insurance, law, real estate, food supplements, cosmetics or other regulated sectors, the client is obliged to approve for advertising only such content and statements that are permissible under the applicable legal provisions, professional regulations and Google policies.
6. Tracking, conversion measurement and analysis
If agreed, Martin Wetzel Design reviews or plausibility-checks existing tracking and conversion foundations within the scope of the access granted and the agreed scope of services.
Complete, uninterrupted or error-free measurement of conversions, calls, forms, purchases, leads or other events cannot be guaranteed. Tracking results may be influenced in particular by consent banners, browser settings, ad blockers, technical changes, data protection requirements, cookie restrictions, server settings, third-party tools, incorrect implementations or changes to the website and forms.
The client is responsible for obtaining legally compliant consent, maintaining a correct privacy policy, ensuring the data protection-compliant design of tracking and analytics and fulfilling data protection information obligations, unless a deviating service has been expressly agreed in writing.
7. Services not automatically included
Unless expressly agreed in writing, the following services are not automatically part of Google Ads management:
– creation, programming, maintenance or technical troubleshooting of websites, landing pages, forms, hosting, servers, domains, email systems or consent management systems;
– comprehensive tracking implementations, server-side tracking, CRM integrations, e-commerce tracking, complex events or individual interfaces;
– legal review of ads, landing pages, claims, trademarks, prices, mandatory information or privacy texts;
– creation of photo, video, graphic or text content outside the expressly agreed scope of services;
– management of Google Merchant Center, Shopping campaigns, product data feeds or product-data-related work;
– call tracking, reporting tools, stock material, translations or other chargeable third-party services.
Additional services may be provided by separate agreement and charged according to effort.
8. Changes by third parties
If the client, either themselves or through third parties, makes changes to the Google Ads account, tracking settings, landing pages, forms, redirects, consent banners, website content or other campaign-relevant elements, this may affect campaign performance.
The client shall inform Martin Wetzel Design of such changes in good time. Additional expenses arising from uncoordinated changes, troubleshooting or restorations may be charged separately.
9. Pausing of campaigns
Martin Wetzel Design is entitled to temporarily pause campaigns or not to activate them if there are reasonable indications of serious policy violations, unlawful content, payment issues, technical disruptions, unreachable landing pages, security risks or other circumstances that could lead to damage, suspensions, cease-and-desist letters or significant disadvantages.
The client will be informed of this. Pausing for such reasons generally does not affect agreed fees, unless the cause is attributable to Martin Wetzel Design or otherwise agreed in writing.
10. Liability
Martin Wetzel Design is liable in accordance with the statutory provisions for damage caused intentionally or through gross negligence.
In cases of slight negligence, Martin Wetzel Design is liable, to the extent permitted by law, only for breaches of material contractual obligations and limited to the foreseeable damage typical for the contract. Liability for lost profits, lost sales, indirect damage, consequential damage, data loss, reputational damage or other economic expectations is excluded to the extent permitted by law.
Liability for injury to life, body or health as well as mandatory statutory liability remain unaffected.
To the extent permitted by law, Martin Wetzel Design is not liable for damage or disadvantages attributable to insufficient cooperation, delayed approvals, incorrect information, unlawful content, insufficient budgets, payment issues, technical problems on the client's side, interference by third parties or the decisions and systems of Google or other third-party providers.
11. Confidentiality and data protection
Martin Wetzel Design treats confidential information of the client received in the course of the collaboration as confidential, unless there is a legal obligation to disclose it or the information is already publicly known.
Insofar as Martin Wetzel Design gains access to personal data in the course of the management, such data is processed in accordance with the applicable data protection regulations. Where necessary, the parties will conclude a separate data processing agreement.
12. Relationship to individual agreements
Individual quotes, order confirmations or written agreements take precedence over these general contract terms insofar as they expressly contain deviating provisions.
These contract terms apply in the version valid at the time the contract is concluded, provided they are referred to in the respective quote or contract.
Conclusion of contract
Google Ads management is provided on the basis of the respective digital quote from Martin Wetzel Design, the services, prices, terms and conditions set out therein, and these special contract notes.
The contract is concluded as soon as the client signs the digital quote electronically or by hand and the signed acceptance of the quote is received by Martin Wetzel Design. By signing, the client accepts the quote bindingly and commissions Martin Wetzel Design with the services described in the quote.
The General Terms and Conditions linked in the digital quote, other contract information and these special contract notes on Google Ads management become part of the contract. By signing, the client confirms that they were made aware of these documents before the contract was concluded, were able to view them and accept them as part of the contract.
The version of the General Terms and Conditions and contract information available at the time the quote was signed is authoritative. Individual agreements in the respective quote take precedence over these special contract notes.
Confirmation
By signing the digital or written quote, the client confirms that they bindingly accept the quote and commission Martin Wetzel Design with the services described therein.
The client further confirms that the General Terms and Conditions, the other contract information and these special contract terms for Google Ads management were made available to them before signing via the links provided in the quote, that they were able to view them and that they accept them as part of the contractual relationship.
Martin Wetzel Design expressly provides the customer with the following information before placing an order:
1. trademark rights
1.1 If the order placed with Martin Wetzel Design does not involve the creation of a trademark, Martin Wetzel Design is not obliged to check the client’s trademark for any conflicts. In the event that the creation of a trademark is commissioned, Martin Wetzel Design shall only undertake a rough check. The obligation to carry out a rough check shall not apply if Martin Wetzel Design reaches an express agreement with the client.
1.2 Due to a lack of resources and language skills, Martin Wetzel Design is unable to carry out a rough check for the entire EU area. If there is interest in an EU-wide search or an in-depth examination, Martin Wetzel Design recommends consulting a lawyer who will carry out a comprehensive similarity search from a legal point of view.
2. copyrights
It is not possible for Martin Wetzel Design to check content (photos, texts, logos, music) provided by the customer for legal infringements. It is the customer’s responsibility to clear the rights for such content provided.
3. social media platforms
If Martin Wetzel Design offers the customer, among other things, the setup and support of communication for advertising purposes via social media platforms (e.g. instagram, facebook, pinterest, netlog or x), the following special features must be observed:
3.1 Martin Wetzel Design points out to the customer before placing the order that the providers of the social media platforms reserve the right in their terms of use to refuse or remove advertisements and advertising appearances for any reason. The providers are not obliged to forward content and information to users. There is therefore a risk, which Martin Wetzel Design cannot control, that advertisements and appearances may be removed for no reason. In the event of a complaint from another user, the providers will grant the option of a counterstatement, but even in this case the content will be removed immediately. Martin Wetzel Design cannot guarantee that the commissioned campaign will be available at all times.
3. 2 Martin Wetzel Design expressly draws the customer’s attention to the fact that the functionality of social media platforms means that the rights of third parties, in particular copyrights, may be infringed (e.g. reproduction of a photograph when a link is set). Due to the speed of the process, Martin Wetzel Design is unable to monitor third-party content or clarify the rights with regard to the content it uses itself.
3. 3 Martin Wetzel Design works on the basis of the terms of use of the providers and also bases the customer’s order on these. By placing an order, the customer expressly acknowledges that these terms of use (co-)determine the rights and obligations of any contractual relationship. However, Martin Wetzel Design cannot guarantee compliance with the providers‘ terms of use due to their often unfounded strictness and/or inconsistency.
4. risk warnings
If Martin Wetzel Design specifically points out to the customer before the start of a project/campaign that a project or campaign involves a specific risk or that the rights of third parties could be infringed, and if the customer accepts this risk, it shall be deemed agreed and assumed that Martin Wetzel Design has fulfilled its contractual obligations.
4.1 Privacy policy pursuant to Articles 13 and 14 GDPR
Martin Wetzel Design processes your personal data that fall under the following data categories
- Name/company
- profession
- company register number
- Power of representation
- Contact person
- Business address and other addresses of the customer
- Telephone number, fax number, e-mail address
- Bank details
- VAT number
You have voluntarily provided Martin Wetzel Design with data about yourself and Martin Wetzel Design processes this data on the basis of your consent for the following purposes:
Customer support and for its own advertising purposes, for example for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purpose of referring to the existing or previous business relationship with the customer (reference). You can revoke this consent at any time. If you withdraw your consent, Martin Wetzel Design will no longer process your data for the above-mentioned purposes from that point on.
For a revocation please contact:
Martin Wetzel, office[at]martinwetzeldesign.com
The data provided by you is also required to fulfill the contract or to carry out pre-contractual measures. Without this data, Martin Wetzel Design cannot conclude the contract with you.
Martin Wetzel Design stores your data for 3 years.
Martin Wetzel Design uses processors for this data processing.
Martin Wetzel Design does not pass on your data.
You can reach Martin Wetzel Design using the following contact details:
Martin Wetzel Design, office[at]martinwetzeldesign.com
You can reach the data protection officer at
Martin Wetzel Design, office[at]martinwetzeldesign.com
Information on legal remedies
In principle, you have the rights to information, correction, deletion, restriction, data portability and objection. To do so, please contact Martin Wetzel Design. If you believe that the processing of your data violates data protection law or that your data protection rights have been violated in any other way, you can lodge a complaint with the supervisory authority. In Austria, the data protection authority is responsible.
These special contractual notices apply in addition to the General Terms and Conditions and other contractual notices of Martin Wetzel Design, insofar as services in the area of Google Ads, search engine advertising, performance marketing or related analysis, tracking or optimization services are commissioned.
These contractual notices do not replace the individual service description in the respective offer. Prices, contract terms, notice periods and specific scopes of service are set out in the respective offer or contract.
1. Nature of the service and no guarantee of success
The management of Google Ads campaigns constitutes a service. Martin Wetzel Design owes professional, careful work based on the agreed scope of services, but does not owe any specific commercial success.
In particular, no specific results, leads, sales, conversion rates, click prices, ad positions, rankings, reach, impressions, approvals by Google or other performance indicators are guaranteed. The success of Google Ads campaigns depends, among other things, on the market, competition, advertising budget, search behavior, website or landing page, offer, pricing, tracking, approval processes, seasonal influences, as well as the systems, policies and decisions of Google.
2. Google as a third-party provider
Google Ads, Google Analytics, Google Tag Manager, Google Search Console and other Google services are provided by Google or affiliated companies. Martin Wetzel Design has no influence on technical changes, policy changes, account reviews, ad disapprovals, restrictions, suspensions, approval processes, auction mechanisms, billing systems or other decisions made by Google.
To the extent permitted by law, Martin Wetzel Design shall not be liable for outages, disapprovals, restrictions, suspensions, changes in performance, technical disruptions, policy decisions, click fraud, automated delivery, auction dynamics or other circumstances caused by Google or other third-party providers.
3. Advertising budget and billing by Google
The advertising budget, media spend or ad budget is not part of the remuneration of Martin Wetzel Design, unless expressly agreed otherwise in writing. Billing of the advertising budget is generally carried out directly between the client and Google.
The client is responsible for providing a valid payment method in the respective advertising account, paying Google invoices on time and making sufficient budgets available. Payment issues, rejected credit cards, budget limits or account suspensions due to billing issues may impair or prevent campaign delivery.
The client acknowledges that Google may, due to system-related reasons, exceed or fall short of daily budgets and that spending may shift depending on auction, delivery and billing mechanisms. To the extent permitted by law, Martin Wetzel Design assumes no liability for budget-related deviations resulting from Google’s systems or billing mechanisms.
4. Client’s duty to cooperate
The client shall provide Martin Wetzel Design in due time with all information, access rights and approvals required for the provision of the services. This may include, in particular, access or permissions for Google Ads, Google Analytics, Google Tag Manager, Google Search Console, website/CMS, landing pages, consent management systems or other relevant tools.
The client is obliged to provide all information relevant to the campaigns completely and correctly. This includes, in particular, information on products and services, prices, target regions, target groups, exclusions, contact channels, legal restrictions, industry-specific requirements and permissible advertising claims.
Delays, additional expenses or limitations in performance resulting from missing, late, incomplete or incorrect cooperation by the client shall not be attributable to Martin Wetzel Design. Additional expenses arising from this may be charged separately, unless otherwise agreed.
5. Responsibility for content, legality and industry requirements
The client is responsible for the legal admissibility of the advertised content, offers, statements, landing pages, prices, mandatory information, images, trademarks, texts, claims and other materials.
This applies in particular to data protection law, competition law, trademark law, copyright law, consumer protection law, professional regulations, health-related statements, medical or therapeutic information, price information, information obligations, legal notice, privacy policy, cookie or consent banner and other legal or industry-specific requirements.
Martin Wetzel Design does not provide legal advice and does not assume any legal, tax, medical, professional or regulatory review of advertising content, landing pages or business models. Where necessary, the client must obtain qualified legal or other professional advice independently.
In sensitive industries, in particular in the areas of health, medicine, therapy, finance, insurance, law, real estate, food supplements, cosmetics or other regulated sectors, the client is obliged to approve for advertising only such content and statements that are permissible under the applicable legal provisions, professional regulations and Google policies.
6. Tracking, conversion measurement and analysis
If agreed, Martin Wetzel Design reviews or plausibility-checks existing tracking and conversion foundations within the scope of the access granted and the agreed scope of services.
Complete, uninterrupted or error-free measurement of conversions, calls, forms, purchases, leads or other events cannot be guaranteed. Tracking results may be influenced in particular by consent banners, browser settings, ad blockers, technical changes, data protection requirements, cookie restrictions, server settings, third-party tools, incorrect implementations or changes to the website and forms.
The client is responsible for obtaining legally compliant consent, maintaining a correct privacy policy, ensuring the data protection-compliant design of tracking and analytics and fulfilling data protection information obligations, unless a deviating service has been expressly agreed in writing.
7. Services not automatically included
Unless expressly agreed in writing, the following services are not automatically part of Google Ads management:
– creation, programming, maintenance or technical troubleshooting of websites, landing pages, forms, hosting, servers, domains, email systems or consent management systems;
– comprehensive tracking implementations, server-side tracking, CRM integrations, e-commerce tracking, complex events or individual interfaces;
– legal review of ads, landing pages, claims, trademarks, prices, mandatory information or privacy texts;
– creation of photo, video, graphic or text content outside the expressly agreed scope of services;
– management of Google Merchant Center, Shopping campaigns, product data feeds or product-data-related work;
– call tracking, reporting tools, stock material, translations or other chargeable third-party services.
Additional services may be provided by separate agreement and charged according to effort.
8. Changes by third parties
If the client itself or third parties make changes to the Google Ads account, tracking settings, landing pages, forms, redirects, consent banners, website content or other campaign-relevant elements, this may affect the performance of the campaigns.
The client must inform Martin Wetzel Design of such changes in due time. Additional expenses arising from uncoordinated changes, troubleshooting or restoration may be charged separately.
9. Pausing of campaigns
Martin Wetzel Design is entitled to temporarily pause campaigns or refrain from activating them if there are reasonable indications of serious policy violations, unlawful content, payment issues, technical disruptions, unreachable landing pages, security risks or other circumstances that could lead to damage, suspensions, warnings or significant disadvantages.
The client will be informed accordingly. A pause for such reasons generally does not affect agreed fees, provided that the cause is not attributable to Martin Wetzel Design or unless otherwise agreed in writing.
10. Liability
Martin Wetzel Design shall be liable in accordance with statutory provisions for damages caused intentionally or by gross negligence.
In cases of slight negligence, Martin Wetzel Design shall, to the extent permitted by law, only be liable for the breach of essential contractual obligations and limited to the foreseeable damage typical for the contract. Liability for loss of profit, lost sales, indirect damages, consequential damages, data loss, reputational damage or other economic expectations is excluded to the extent permitted by law.
Liability for damage to life, body or health as well as mandatory statutory liability remains unaffected.
To the extent permitted by law, Martin Wetzel Design shall not be liable for damages or disadvantages resulting from insufficient cooperation, delayed approvals, incorrect information, unlawful content, insufficient budgets, payment issues, technical problems on the client’s side, interventions by third parties or decisions and systems of Google or other third-party providers.
11. Confidentiality and data protection
Martin Wetzel Design shall treat confidential information received from the client in the course of the cooperation as confidential, unless there is a legal obligation to disclose it or the information is already publicly known.
Where Martin Wetzel Design obtains access to personal data in the course of the management services, processing shall be carried out in accordance with the applicable data protection provisions. Where required, the parties shall enter into a separate data processing agreement.
12. Relationship to individual agreements
Individual offers, order confirmations or written agreements shall take precedence over these general contractual notices insofar as they contain expressly deviating provisions.
These contractual notices apply in the version valid at the time the contract is concluded, provided that reference is made to them in the respective offer or contract.
Conclusion of Contract
Google Ads support is provided on the basis of the respective digital offer issued by Martin Wetzel Design, the services, prices, terms and conditions stated therein, and these special contractual notes.
The contract is concluded as soon as the Client electronically or manually signs the digital offer and Martin Wetzel Design receives the signed acceptance of the offer. By signing, the Client bindingly accepts the offer and commissions Martin Wetzel Design to provide the services described in the offer.
The General Terms and Conditions, other contractual notes, and these special contractual notes for Google Ads support linked in the digital offer become part of the contract. By signing, the Client confirms that these documents were brought to their attention before conclusion of the contract, that they were able to access them, and that they accept them as part of the contract.
The applicable version of the General Terms and Conditions and contractual notes is the version available at the time the offer is signed. Individual agreements in the respective offer take precedence over these special contractual notes.
Confirmation
By signing the digital or written offer, the Client confirms that they bindingly accept the offer and commission Martin Wetzel Design to provide the services described therein.
The Client further confirms that the General Terms and Conditions, other contractual notes, and these special contractual notes for Google Ads support were made available to them via the links stated in the offer before signing, that they were able to access them, and that they accept them as part of the contractual relationship.
Special Contractual Notices for Google Ads Management
These special contractual notices apply in addition to the General Terms and Conditions and other contractual notices of Martin Wetzel Design, insofar as services in the area of Google Ads, search engine advertising, performance marketing or related analysis, tracking or optimization services are commissioned.
These contractual notices do not replace the individual service description in the respective offer. Prices, contract terms, notice periods and specific scopes of service are set out in the respective offer or contract.
1. Nature of the service and no guarantee of success
The management of Google Ads campaigns constitutes a service. Martin Wetzel Design owes professional, careful work based on the agreed scope of services, but does not owe any specific commercial success.
In particular, no specific results, leads, sales, conversion rates, click prices, ad positions, rankings, reach, impressions, approvals by Google or other performance indicators are guaranteed. The success of Google Ads campaigns depends, among other things, on the market, competition, advertising budget, search behavior, website or landing page, offer, pricing, tracking, approval processes, seasonal influences, as well as the systems, policies and decisions of Google.
2. Google as a third-party provider
Google Ads, Google Analytics, Google Tag Manager, Google Search Console and other Google services are provided by Google or affiliated companies. Martin Wetzel Design has no influence on technical changes, policy changes, account reviews, ad disapprovals, restrictions, suspensions, approval processes, auction mechanisms, billing systems or other decisions made by Google.
To the extent permitted by law, Martin Wetzel Design shall not be liable for outages, disapprovals, restrictions, suspensions, changes in performance, technical disruptions, policy decisions, click fraud, automated delivery, auction dynamics or other circumstances caused by Google or other third-party providers.
3. Advertising budget and billing by Google
The advertising budget, media spend or ad budget is not part of the remuneration of Martin Wetzel Design, unless expressly agreed otherwise in writing. Billing of the advertising budget is generally carried out directly between the client and Google.
The client is responsible for providing a valid payment method in the respective advertising account, paying Google invoices on time and making sufficient budgets available. Payment issues, rejected credit cards, budget limits or account suspensions due to billing issues may impair or prevent campaign delivery.
The client acknowledges that Google may, due to system-related reasons, exceed or fall short of daily budgets and that spending may shift depending on auction, delivery and billing mechanisms. To the extent permitted by law, Martin Wetzel Design assumes no liability for budget-related deviations resulting from Google’s systems or billing mechanisms.
4. Client’s duty to cooperate
The client shall provide Martin Wetzel Design in due time with all information, access rights and approvals required for the provision of the services. This may include, in particular, access or permissions for Google Ads, Google Analytics, Google Tag Manager, Google Search Console, website/CMS, landing pages, consent management systems or other relevant tools.
The client is obliged to provide all information relevant to the campaigns completely and correctly. This includes, in particular, information on products and services, prices, target regions, target groups, exclusions, contact channels, legal restrictions, industry-specific requirements and permissible advertising claims.
Delays, additional expenses or limitations in performance resulting from missing, late, incomplete or incorrect cooperation by the client shall not be attributable to Martin Wetzel Design. Additional expenses arising from this may be charged separately, unless otherwise agreed.
5. Responsibility for content, legality and industry requirements
The client is responsible for the legal admissibility of the advertised content, offers, statements, landing pages, prices, mandatory information, images, trademarks, texts, claims and other materials.
This applies in particular to data protection law, competition law, trademark law, copyright law, consumer protection law, professional regulations, health-related statements, medical or therapeutic information, price information, information obligations, legal notice, privacy policy, cookie or consent banner and other legal or industry-specific requirements.
Martin Wetzel Design does not provide legal advice and does not assume any legal, tax, medical, professional or regulatory review of advertising content, landing pages or business models. Where necessary, the client must obtain qualified legal or other professional advice independently.
In sensitive industries, in particular in the areas of health, medicine, therapy, finance, insurance, law, real estate, food supplements, cosmetics or other regulated sectors, the client is obliged to approve for advertising only such content and statements that are permissible under the applicable legal provisions, professional regulations and Google policies.
6. Tracking, conversion measurement and analysis
If agreed, Martin Wetzel Design reviews or plausibility-checks existing tracking and conversion foundations within the scope of the access granted and the agreed scope of services.
Complete, uninterrupted or error-free measurement of conversions, calls, forms, purchases, leads or other events cannot be guaranteed. Tracking results may be influenced in particular by consent banners, browser settings, ad blockers, technical changes, data protection requirements, cookie restrictions, server settings, third-party tools, incorrect implementations or changes to the website and forms.
The client is responsible for obtaining legally compliant consent, maintaining a correct privacy policy, ensuring the data protection-compliant design of tracking and analytics and fulfilling data protection information obligations, unless a deviating service has been expressly agreed in writing.
7. Services not automatically included
Unless expressly agreed in writing, the following services are not automatically part of Google Ads management:
– creation, programming, maintenance or technical troubleshooting of websites, landing pages, forms, hosting, servers, domains, email systems or consent management systems;
– comprehensive tracking implementations, server-side tracking, CRM integrations, e-commerce tracking, complex events or individual interfaces;
– legal review of ads, landing pages, claims, trademarks, prices, mandatory information or privacy texts;
– creation of photo, video, graphic or text content outside the expressly agreed scope of services;
– management of Google Merchant Center, Shopping campaigns, product data feeds or product-data-related work;
– call tracking, reporting tools, stock material, translations or other chargeable third-party services.
Additional services may be provided by separate agreement and charged according to effort.
8. Changes by third parties
If the client itself or third parties make changes to the Google Ads account, tracking settings, landing pages, forms, redirects, consent banners, website content or other campaign-relevant elements, this may affect the performance of the campaigns.
The client must inform Martin Wetzel Design of such changes in due time. Additional expenses arising from uncoordinated changes, troubleshooting or restoration may be charged separately.
9. Pausing of campaigns
Martin Wetzel Design is entitled to temporarily pause campaigns or refrain from activating them if there are reasonable indications of serious policy violations, unlawful content, payment issues, technical disruptions, unreachable landing pages, security risks or other circumstances that could lead to damage, suspensions, warnings or significant disadvantages.
The client will be informed accordingly. A pause for such reasons generally does not affect agreed fees, provided that the cause is not attributable to Martin Wetzel Design or unless otherwise agreed in writing.
10. Liability
Martin Wetzel Design shall be liable in accordance with statutory provisions for damages caused intentionally or by gross negligence.
In cases of slight negligence, Martin Wetzel Design shall, to the extent permitted by law, only be liable for the breach of essential contractual obligations and limited to the foreseeable damage typical for the contract. Liability for loss of profit, lost sales, indirect damages, consequential damages, data loss, reputational damage or other economic expectations is excluded to the extent permitted by law.
Liability for damage to life, body or health as well as mandatory statutory liability remains unaffected.
To the extent permitted by law, Martin Wetzel Design shall not be liable for damages or disadvantages resulting from insufficient cooperation, delayed approvals, incorrect information, unlawful content, insufficient budgets, payment issues, technical problems on the client’s side, interventions by third parties or decisions and systems of Google or other third-party providers.
11. Confidentiality and data protection
Martin Wetzel Design shall treat confidential information received from the client in the course of the cooperation as confidential, unless there is a legal obligation to disclose it or the information is already publicly known.
Where Martin Wetzel Design obtains access to personal data in the course of the management services, processing shall be carried out in accordance with the applicable data protection provisions. Where required, the parties shall enter into a separate data processing agreement.
12. Relationship to individual agreements
Individual offers, order confirmations or written agreements shall take precedence over these general contractual notices insofar as they contain expressly deviating provisions.
These contractual notices apply in the version valid at the time the contract is concluded, provided that reference is made to them in the respective offer or contract.
Conclusion of Contract
Google Ads support is provided on the basis of the respective digital offer issued by Martin Wetzel Design, the services, prices, terms and conditions stated therein, and these special contractual notes.
The contract is concluded as soon as the Client electronically or manually signs the digital offer and Martin Wetzel Design receives the signed acceptance of the offer. By signing, the Client bindingly accepts the offer and commissions Martin Wetzel Design to provide the services described in the offer.
The General Terms and Conditions, other contractual notes, and these special contractual notes for Google Ads support linked in the digital offer become part of the contract. By signing, the Client confirms that these documents were brought to their attention before conclusion of the contract, that they were able to access them, and that they accept them as part of the contract.
The applicable version of the General Terms and Conditions and contractual notes is the version available at the time the offer is signed. Individual agreements in the respective offer take precedence over these special contractual notes.
Confirmation
By signing the digital or written offer, the Client confirms that they bindingly accept the offer and commission Martin Wetzel Design to provide the services described therein.
The Client further confirms that the General Terms and Conditions, other contractual notes, and these special contractual notes for Google Ads support were made available to them via the links stated in the offer before signing, that they were able to access them, and that they accept them as part of the contractual relationship.