01Scope and operator
This website is operated by Gabriel Inreiter, trading as Halyard Partner, Audorf 15b, 4542 Nußbach, Austria ("Halyard Partner", "we", "us"). Halyard Partner is a sole trader (Einzelunternehmen), not a company: there is no entry in the Austrian company register (Firmenbuch), no managing director and no shareholder. The business is owned and conducted personally by Gabriel Inreiter, who answers for its obligations with his entire personal assets. Further details appear in our Imprint.
Correspondence, including notices under these terms, is conducted by email at desk@halyardpartner.com. We do not operate a telephone line. Postal notices may be served at the address above.
These terms govern your access to and use of this website and its content. By using the site you accept them. If you do not accept them, please do not use the site.
These terms do not constitute the terms of a mandate. The commercial relationship between Halyard Partner and a client is governed exclusively by a separate written mandate agreement; see section 4.
02Business customers only
Halyard Partner provides services exclusively to entrepreneurs within the meaning of § 1 UGB and to legal persons governed by public law. This website is addressed to business decision-makers and is not directed at consumers. No contract is offered or concluded with consumers, and the provisions of the Austrian Consumer Protection Act (KSchG) and the Distance and Off-Premises Transactions Act (FAGG) do not apply to our mandates.
By contacting us you confirm that you act in the exercise of a trade, business, craft or profession, and that you are authorised to represent the company on whose behalf you write.
03The content of this website is not an offer
Everything published here — the description of our working method, the sectors we serve, the number of mandates said to be open, indications of commission structure, timelines and any figures — is presented for information and is non-binding. It is an invitation to make contact, not an offer capable of acceptance (§ 861 ABGB), and no contract arises from it however it is responded to.
Statements about outcomes describe what we aim for, not what we promise. Sales results depend on the market, the product, the pricing and the client's own capacity to deliver and to close. Past results, whether ours or a client's, are no indication of future results, and we give no guarantee that any particular meeting, contract, revenue figure or timeline will be achieved.
We may change, suspend or remove any content on this site at any time and without notice, and we are under no obligation to keep the site or any part of it available.
04How a mandate actually comes about
A mandate arises only when a written agreement, signed by both parties, is in place. That agreement — and not this website — determines the commercial terms, including in particular:
- the scope of the market and the accounts we may approach;
- the marketing services included, the channels used and who holds the advertising accounts;
- the amount of the one-time setup fee, what it covers, the length of the initial operating period included in it, and when it falls due;
- the commission rate, the base on which it is calculated, and its duration;
- the event that triggers payment and the payment terms;
- the attribution rules that decide which deals count as ours;
- exclusivity, non-solicitation and competing-mandate restrictions;
- notice periods and the treatment of deals in play at termination;
- the data processing agreement under Art. 28 GDPR, where we act on your instructions.
Where these terms and a signed mandate agreement conflict, the mandate agreement prevails. The commercial principles reflected on this website — a one-time setup fee at the start covering the build and an initial operating period, thereafter a commission per client won, no monthly retainer and no charge per lead, with commission agreed in writing in advance and invoiced only once your client has paid you — describe how we normally structure a mandate. They are our customary approach, not a standing commitment, and they take effect only once written into a signed agreement.
Advertising and media budget is not part of our remuneration. Unless expressly agreed otherwise in writing, it is contracted and paid for by the client on the client's own advertising accounts, we receive no share of it, and we give no assurance that any particular advertising platform will accept or continue to accept a given product or campaign — platform policies for financial, crypto and digital-asset products are set by those platforms and change without notice. Section 6 sets out what this means in practice.
Any general terms and conditions of a prospective client are hereby rejected. They apply only if we accept them expressly and in writing; performing under a mandate does not amount to such acceptance.
05Remuneration, invoicing and value added tax
What we are paid, and when, is fixed in the signed mandate agreement. The following describes the structure that agreement normally takes and the invoicing rules that apply to it; it does not by itself create any payment obligation.
The setup fee is charged once, at the beginning of a mandate. It covers the work performed before any client exists — research, positioning, the offer, creative and the build of the campaigns and the target list — together with an initial period of operating that work, which is ninety days unless the mandate agreement states a different period. It is the only payment not tied to a client. It is not a retainer, it does not recur, and it is not calculated by reference to time spent. Once the work it covers has been delivered it is not refundable, whether or not the mandate later produces revenue.
After that initial period the mandate continues without any fixed fee: our remuneration consists solely of commission on clients won, for as long as the mandate runs. The mandate agreement states what happens if either party does not wish to continue beyond the initial period.
Thereafter we are paid a commission on the clients we win, at the rate and on the base agreed in writing in advance. There is no monthly retainer, and nothing is charged per lead, per meeting, per hour or per unit of advertising spend unless separately agreed in writing.
Commission falls due only once the client's customer has actually paid the client — not when a contract is signed and not when an invoice is issued. Where payment is made in instalments, commission follows the amounts collected. Where a collected amount is subsequently reversed, refunded, credited or charged back, the corresponding commission is credited to the client on the next invoice or repaid. An amount that is never collected carries no commission.
Invoices are payable within the period stated in the mandate agreement, without deduction. In dealings between entrepreneurs, default interest under § 456 UGB and the flat charge for recovery costs under § 458 UGB apply, together with any further recovery costs reasonably incurred. Set-off against our claims is permitted only with counterclaims that are undisputed or have been finally determined by a court.
Advertising and media budget is never invoiced by us; it is billed by the platforms to the client's own accounts (section 6).
Value added tax. Halyard Partner currently makes use of the small-business exemption under § 6 Abs 1 Z 27 UStG. Invoices are therefore issued without Austrian value added tax, and no input tax may be deducted from them. Should the exemption cease to apply — because the turnover threshold is exceeded, or because we waive the exemption — invoices will show value added tax at the statutory rate from that point onwards, and all fees agreed are understood to be exclusive of any value added tax that then becomes chargeable. Where we supply services to a business established in another EU Member State, the place of supply is the recipient's and the tax is accounted for by the recipient under the reverse-charge procedure where the statutory conditions for it are met; such invoices likewise show no Austrian value added tax.
06Advertising, campaigns and the work we produce
Where a mandate includes marketing, we plan, build, run and monitor the campaigns. We do so on the client's own infrastructure and in the client's name. The following applies to that work in addition to section 4.
Advertising accounts and media budget
The advertising, social, search, analytics and sending accounts used for a mandate are held in the client's name and remain in the client's possession throughout and after the mandate. The client funds them directly; the platform bills the client. We do not hold client funds, we do not resell advertising inventory, and our remuneration does not vary with the amount spent.
We work in those accounts on the access the client grants us, within the budget and the limits the client sets, and the client may withdraw that access at any time. We are not responsible for spend authorised outside the agreed budget by the client or by anyone else with access, for changes made to campaigns by other parties, or for what happens in an account after our access has ended.
Platform acceptance is outside our control
Google, Meta, LinkedIn, X and comparable platforms treat financial services, crypto-assets, digital assets and related products as a restricted category. Depending on the platform and the country, advertising in that category may require prior certification, a licence or registration held by the advertiser, individual pre-approval of the account or the creative, or may not be permitted at all. Those requirements are written, interpreted and enforced by the platforms alone, are frequently applied by automated review, are decided without a reasoned explanation, and are changed without notice — including with effect for campaigns and accounts that were previously accepted.
We establish the position on each intended channel before a campaign is built, and we design the plan around the channels that reliably carry in this market. Beyond that we give no assurance and accept no liability that any account, product, campaign or individual creative will be approved, will remain approved, or that an account will not be restricted, suspended or terminated by a platform. A refusal, suspension or policy change of that kind is not a defect in our performance, does not entitle the client to withhold or reclaim the setup fee, and does not affect commission already earned. Where a platform requires the advertiser itself to hold a certification, licence or registration, obtaining and maintaining it is the client's responsibility; we will assist with the application but cannot make it in the client's place.
Rights in the creative, copy and campaign assets
Creative work produced specifically for a mandate — advertising creative, copy, landing pages, decks, campaign structures, message sequences, the target list and the associated records — is produced for the client and is intended to become the client's property.
Austrian law does not permit copyright itself to be assigned. Accordingly, upon full payment of the invoice covering the work in question, we grant the client an exclusive, worldwide, perpetual and unrestricted right of use in that work (Werknutzungsrecht, §§ 24 ff UrhG), transferable and sub-licensable, for all present and future types of use, including the right to alter, adapt, translate and further develop it and to do so through third parties. To the extent any part of the work is not protected by copyright, we transfer to the client all rights capable of transfer in it on the same terms. Until payment in full we retain all rights, and no use of the unpaid work is licensed.
Two things are outside that grant. First, third-party material incorporated into the work — stock imagery, footage, music, fonts and licensed software — is covered by the third party's own licence and is passed on only within the limits that licence permits; we identify such material on request. Second, the general methods, templates, frameworks, checklists, tooling and know-how we bring to the work and use across mandates remain ours, and nothing in this section restricts our continued use of them; that reservation does not qualify the client's rights in the delivered work.
We retain a non-exclusive, non-transferable right to keep copies of the work for our own records and for as long as any legal retention obligation requires. We name a client, or show work produced for a client, as a reference only with the client's prior written consent.
Material the client supplies to us — brand assets, product claims, figures, testimonials, customer names, data and lists — remains the client's, and the client warrants that it holds the rights necessary for us to use it for the agreed purpose.
Regulated products and marketing communications
We write marketing communications. We do not provide legal, tax, investment or financial advice, we hold no licence or authorisation under the Austrian Banking Act (BWG), the Securities Supervision Act (WAG 2018), Regulation (EU) 2023/1114 (MiCA) or comparable legislation, and we do not act as a tied agent or intermediary of any licensed firm. Nothing we produce is a prospectus, a crypto-asset white paper, a key information document or investment research, and we neither draft, review nor approve documents of that kind.
Responsibility for the lawfulness of what is marketed, and for compliance with the rules that apply to marketing it, rests with the client. Where crypto-assets are marketed in the European Union, marketing communications are subject to Art. 7 of Regulation (EU) 2023/1114 (MiCA): they must be clearly identifiable as marketing communications, the information in them must be fair, clear and not misleading, and they must be consistent with the crypto-asset white paper where one is required. Corresponding rules apply to asset-referenced tokens (Art. 29) and to e-money tokens (Art. 53). Other products may be caught by the WAG 2018, by the Austrian Act against Unfair Competition (UWG), or by a platform's own financial-promotion rules.
Everything we produce for a regulated product is delivered to the client in draft and is published only after the client's own compliance sign-off. That approval, not ours, is what authorises publication; where a mandate involves regulated marketing, the client names the person who gives it. We may decline to produce or run material we consider misleading, unlawful or damaging, and doing so is not a breach of the mandate.
The client warrants that it holds every licence, registration, authorisation, exemption or notification its product requires in each market it asks us to address, and that the product claims, figures and testimonials it supplies are accurate and can be substantiated. The client indemnifies us against third-party claims, official measures and fines arising from a breach of that warranty or from material published on the client's approval, except to the extent we are ourselves at fault.
07No professional advice
Nothing on this website constitutes legal, tax, accounting, financial or investment advice, nor a recommendation to enter into any transaction. We are not licensed to provide such advice and do not do so. Obtain your own professional advice before acting on anything you read here.
The footer note that nothing on this site is an offer of investment or financial advice applies in full and without qualification. The same limitation applies to the work we produce under a mandate; see section 6.
08Permitted and prohibited use
You may view, download and print pages of this website for your own internal business purposes. Beyond that, and save as permitted by mandatory law, you may not:
- reproduce, republish, distribute or make available any part of the site to the public;
- use the site's content, layout or source code to build a competing or derivative presentation;
- use automated means — crawlers, scrapers, harvesting scripts — to access the site or to extract content or contact data from it, except that well-behaved search-engine crawlers obeying our robots directives are welcome;
- use content from this site for text and data mining or to train machine-learning systems; that use is expressly reserved (§ 42h UrhG / Art. 4(3) Directive (EU) 2019/790);
- use any contact address published on this site to send unsolicited advertising or promotional material — such use is prohibited under § 7 ECG and § 174 TKG 2021, and we reserve the right to pursue it;
- interfere with the operation, integrity or security of the site, attempt to gain unauthorised access to any part of it, or circumvent any access control on the domain;
- remove, obscure or alter any proprietary notice.
09Intellectual property
All rights in this website — its text, structure, design, graphics, the "Halyard Partner" name and mark, and the underlying code — belong to Halyard Partner or its licensors and are protected by copyright, trade mark and unfair-competition law. No licence is granted by implication or otherwise, other than the limited right of use in section 8.
This section concerns the website alone. Rights in work produced for a client under a mandate are dealt with in section 6.
10Information you send us
Information you send us in the course of a review request — your product, your pricing, your typical deal size, your client list — is treated as confidential. We use it solely to assess fit and to prepare a possible mandate, we do not disclose it to third parties, and we do not use it for the benefit of another client. Where a matter warrants it, we will sign a mutual non-disclosure agreement before you send anything; ask us and we will.
Please do not send us information you are not free to disclose. Unencrypted email is not a secure channel (see our Privacy Policy, section 4), and we accept no liability for interception in transit on a channel you chose.
Unsolicited ideas, proposals or materials sent to us outside a review request are not treated as confidential, and we assume no obligation in respect of them.
11Third-party links
Links to external websites are provided for convenience. We do not control those sites, do not adopt their content, and accept no responsibility for it. Following an external link is at your own risk, and the terms and privacy policy of the destination apply once you arrive there.
12Availability
We make reasonable efforts to keep this website available, but we do not warrant uninterrupted or error-free operation. Access may be restricted or suspended for maintenance, for security reasons, or because of a fault at our hosting provider or elsewhere in the network. We owe no availability level in respect of this website.
13Limitation of liability
Halyard Partner is a sole trader. Gabriel Inreiter is personally and without limitation liable for the obligations of the business, and nothing in these terms changes that. This section limits the extent of the claims that may be brought, not the person against whom they may be brought.
We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health however caused, for damage arising from the breach of a guarantee we have expressly given, and wherever liability is mandatory by law — in particular under the Austrian Product Liability Act (PHG), which may not be excluded or limited in advance.
In all other cases, and to the extent permitted by law in dealings between entrepreneurs, our liability for slight negligence is excluded. In particular we are not liable for loss of profit, loss of revenue, loss of anticipated savings, loss of data, business interruption, or indirect or consequential loss arising from the use of, or the inability to use, this website or the information published on it.
Where liability for slight negligence is nevertheless found to exist, it is limited to damage typical of this kind of contract and foreseeable at the time it arose. Any claim arising out of the use of this website must be brought within one year of the date on which the claimant becomes aware of the damage and of the party liable; statutory limitation periods that may not be shortened remain unaffected.
These limitations apply equally to the personal liability of our staff, agents and subcontractors when acting in the performance of our obligations. They do not limit any liability agreed separately in a signed mandate agreement, which governs that relationship on its own terms. Nothing in these terms excludes or limits liability to the extent Austrian law does not permit it to be excluded or limited; where a provision of this section goes further than the law allows, it applies to the extent the law does allow and no further.
14Data protection
How we handle personal data is described in our Privacy Policy, which forms part of these terms by reference.
15Changes to these terms
We may amend these terms at any time with effect for the future. The version in force is the one published here at the time of your use, identified by the version number and effective date at the head of this page. Continued use of the site after a change constitutes acceptance of the amended terms. Amendments to a signed mandate agreement require the written form provided for in that agreement, and cannot be made by changing this page.
16Governing law, jurisdiction, severability
These terms and any non-contractual obligation arising out of or in connection with them are governed by Austrian substantive law, to the exclusion of its conflict-of-laws rules and of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes arising out of or in connection with these terms is the court having subject-matter jurisdiction at the seat of Halyard Partner in 4542 Nußbach — the Bezirksgericht Kirchdorf an der Krems or, according to the amount in dispute, the Landesgericht Steyr (§ 104 JN) — provided the user is an entrepreneur, a legal person governed by public law or a special fund under public law. Our right to bring proceedings at the user's general place of jurisdiction remains unaffected.
Should any provision of these terms be or become invalid, unenforceable or incomplete, the validity of the remaining provisions is unaffected. The invalid provision is deemed replaced by the valid provision that comes closest to its commercial purpose. The same applies to any gap.
Questions about these terms: desk@halyardpartner.com.