Terms & Conditions of Services
Professional Services — B2B
Last updated: 10 November 2026
1. Introduction
These Terms & Conditions of Services (the “Terms”) govern the provision of professional services by DESIGN TO SOCIETY, a brand operated by THE CURATOR SAS, to its business clients, including designers, creative studios, brands, manufacturers and hospitality organisations.
DESIGN TO SOCIETY is an international creative agency specialising in Brand Management & Representation, offering strategic, creative and commercial development services across the collectible design and hospitality sectors.
These Terms establish the general framework applicable to our professional services.
Individual engagements may be governed by a separate proposal, statement of work or written agreement setting out specific commercial and contractual conditions.
2. Service Provider
THE CURATOR SAS
Operating under the brand DESIGN TO SOCIETY
Registered Office: Villa Fal, 1 Rue Francis Jammes, 64200 Biarritz, France
SIREN: 100 034 792
VAT Number: FR65 100034792
Email: info@designtosociety.com
Telephone: +33 (0)5 25 53 00 95
Website: https://www.designtosociety.com
3. Scope of Services
DESIGN TO SOCIETY provides professional services that may include:
Brand Management & Strategy
Brand positioning, strategic development, brand architecture, business planning and ongoing brand management.
Art Direction & Creative Development
Creative direction, visual identity development, collection coherence, imagery, storytelling and brand expression.
Commercial Representation & Business Development
Commercial representation, market development, prospect identification, professional introductions, sales development and relationship management.
Communication & Brand Visibility
Editorial strategy, content direction, public relations coordination, brand communications, partnerships and visibility initiatives.
International Development
Market-entry strategy, international representation, professional networking, distribution development and cross-border growth initiatives.
Hospitality Brand Experience
Creative direction, brand experience, hospitality positioning, cultural collaborations and related strategic or creative projects.
The precise scope, deliverables, responsibilities, territories, timelines and fees for each engagement will be defined in the relevant written agreement or proposal.
4. Proposals and Engagement
Professional services are provided following an agreed engagement process.
Depending on the nature of the assignment, this may include an initial consultation, assessment of the client's needs, preparation of a tailored proposal and execution of a written agreement.
Unless expressly stated otherwise, information presented on our Website, in brochures or during preliminary discussions does not constitute a binding offer.
An engagement becomes binding when the parties have accepted the applicable contractual documents in accordance with their terms.
Where signature and initial payment are specified as conditions for commencement, services will begin only once both requirements have been satisfied.
Any services performed before formal commencement must be expressly agreed by the parties.
5. Fees and Pricing
Our services may be provided through one or more of the following pricing arrangements:
Fixed project fees
Monthly or annual retainers
Initial activation or onboarding fees
Commercial commissions
Additional fees for specifically agreed services
Applicable prices, payment schedules, commission rates and any agreed discounts or reductions will be set out in the relevant proposal, pricing schedule or written agreement.
Our pricing may vary according to the client's profile, the nature and complexity of the assignment, the territories covered, the required resources and the duration of the engagement.
Unless otherwise indicated, fees are expressed in euros (EUR), exclusive of applicable VAT and other taxes.
Any additional expenses, including travel, accommodation, external production or third-party services, will require the client's prior approval where stipulated in the agreement.
6. Payment Terms
Invoices are payable in accordance with the deadlines and payment schedule specified in the applicable agreement or invoice, subject to mandatory law.
For retainer-based engagements, invoices may be issued according to the agreed instalment schedule.
Any initial activation fee, advance payment or deposit will be payable as specified in the relevant contractual documentation.
Unless otherwise agreed, fees are payable by bank transfer to the account indicated on the invoice.
The client is responsible for providing accurate billing information and ensuring timely payment.
Where legally permitted and contractually applicable, DESIGN TO SOCIETY may suspend affected services in the event of material payment default, following appropriate notice.
Suspension does not release the client from payment obligations already incurred.
7. Late Payments
In accordance with applicable French commercial legislation, overdue payments between professionals may give rise to statutory late-payment penalties.
Unless another legally valid rate is expressly agreed, late-payment penalties will accrue at the European Central Bank refinancing rate applicable under French law, increased by ten percentage points.
Such penalties accrue automatically from the day following the contractual payment deadline, without the need for a reminder, in accordance with applicable law.
An additional fixed recovery indemnity of EUR 40 per overdue invoice is payable where required by French commercial legislation.
Where actual recovery costs exceed this amount, further compensation may be claimed upon appropriate justification, subject to applicable law.
These provisions apply without prejudice to other lawful remedies available under the relevant agreement.
8. Duration of Engagement
The duration of each engagement is determined by the applicable written agreement.
Services may be provided on a project basis, for a fixed contractual period or through an ongoing retainer arrangement.
Certain Brand Management & Representation engagements may include an initial fixed commitment period, followed by termination rights subject to contractual notice requirements.
Unless expressly agreed in writing, the expiry or termination of one engagement does not automatically affect other independent agreements between the parties.
9. Termination
Either party may terminate an engagement in accordance with the conditions specified in the relevant written agreement.
These conditions may include minimum commitment periods, notice requirements, termination for material breach and other agreed termination mechanisms.
Upon termination, the client remains responsible for fees, expenses and commissions properly accrued or otherwise payable under the agreement.
Any post-termination obligations, including confidentiality, intellectual property, commission entitlement and non-circumvention provisions, will survive to the extent expressly provided in the agreement or required by law.
10. Commercial Representation and Commissions
Where DESIGN TO SOCIETY is appointed to provide commercial representation or business development services, the applicable agreement will define:
The relevant territories and markets
The scope of the representation mandate
Any exclusivity arrangements
Commission rates and calculation methods
Relevant sales and payment conditions
Pre-existing accounts and excluded relationships
Reporting and cooperation obligations
Any post-termination commission rights
Unless expressly authorised in writing, DESIGN TO SOCIETY does not have authority to enter into binding agreements on behalf of a client.
Any exclusivity, commission entitlement or post-contractual restriction must be established through the applicable agreement and interpreted in accordance with mandatory law.
11. Client Responsibilities
The client agrees to provide accurate, complete and timely information reasonably necessary for the performance of the services.
This may include relevant brand materials, product information, commercial documentation, pricing information, photographs, technical specifications and other project-related resources.
The client remains responsible for the accuracy and legality of the information and materials it provides.
The client must also obtain any necessary permissions, approvals or licences relating to materials supplied for use in the engagement.
Timely cooperation and access to relevant decision-makers may be necessary to maintain agreed schedules and deliverables.
Delays caused by missing information, approvals or client instructions may require reasonable adjustments to the project timetable or scope, subject to agreement between the parties.
12. Agency Responsibilities
DESIGN TO SOCIETY undertakes to perform its professional services with reasonable care, diligence and expertise, in accordance with the agreed scope.
The agency will use commercially reasonable efforts to support the client's strategic and professional development objectives.
Unless expressly provided otherwise, its obligations are obligations of means rather than guarantees of a particular commercial result.
DESIGN TO SOCIETY does not guarantee specific revenue, sales volume, distribution agreements, press coverage, market entry or commercial outcomes.
Results may depend on market conditions, client resources, third-party decisions, product availability and other factors outside the agency's control.
13. Creative Work and Intellectual Property
Each party retains ownership of its pre-existing intellectual property, methodologies, trademarks, creative materials, confidential know-how and other proprietary assets.
Unless otherwise agreed in writing, the provision of services does not automatically transfer intellectual property rights from either party to the other.
Ownership and permitted use of deliverables created specifically for a client will be determined by the relevant agreement.
Where an assignment or licence of intellectual property rights is intended, its scope, permitted uses, territory, duration and other legally required conditions must be expressly documented.
DESIGN TO SOCIETY retains rights in its pre-existing tools, frameworks, methodologies, templates and internal working materials, subject to any agreed licences and third-party rights.
The agency will not exploit the client's confidential or protected materials beyond the authorised purposes.
14. Confidentiality
Each party undertakes to protect confidential information received in the course of the professional relationship.
Confidential information may include commercial strategies, pricing, financial information, business plans, client lists, unpublished designs, product developments and other information identified as confidential or reasonably understood to be confidential.
Such information may be used only for the purposes of the relevant engagement and disclosed only to persons who reasonably require access and are subject to appropriate confidentiality obligations.
These obligations do not apply to information that is publicly available without breach, lawfully obtained from another source, independently developed or required to be disclosed by law.
Confidentiality obligations will continue after termination for the period specified in the applicable agreement or as otherwise required by law.
15. External Partners and Subcontractors
DESIGN TO SOCIETY may work with independent professionals, specialist studios, consultants, creative collaborators and other service providers when appropriate to the agreed scope.
The use of external contributors will be subject to relevant contractual obligations, confidentiality requirements, data protection rules and any client approval requirements.
Third-party production costs or services not included in the initial scope will be subject to separate approval and billing arrangements where applicable.
16. Project Changes and Additional Services
Any material modification to the agreed scope, deliverables, territory, schedule or resources should be documented and accepted by both parties.
Additional services may require a supplementary proposal, amendment or separate agreement.
DESIGN TO SOCIETY is not obliged to undertake work outside the agreed scope without the parties first agreeing to the relevant conditions.
17. Publicity and Project References
DESIGN TO SOCIETY may request permission to present completed projects, collaborations or client references in its professional portfolio, communications or editorial materials.
Any use of confidential information, unpublished designs, protected materials or client trademarks must comply with the relevant contractual permissions and intellectual property rights.
Where authorisation is required, publication will take place only after the necessary approval has been obtained.
18. Limitation of Liability
Each party remains responsible for the performance of its contractual obligations in accordance with applicable law.
To the extent legally permitted, liability for a contractual breach will be assessed by reference to the nature of the breach, the direct and foreseeable damage established and the relevant contractual provisions.
Any agreed limitation or exclusion of liability must comply with applicable mandatory law and must not deprive an essential contractual obligation of its substance.
Nothing in these Terms excludes liability for fraud, intentional misconduct or other liability that cannot lawfully be excluded.
19. Force Majeure
Neither party shall be liable for failure or delay in performing obligations to the extent that such failure or delay results from an event qualifying as force majeure under applicable French law.
The affected party shall inform the other party within a reasonable period and take appropriate steps to mitigate the consequences.
The effects of force majeure on performance, suspension or termination will be determined in accordance with applicable law and any valid provisions of the relevant agreement.
20. Data Protection
Each party agrees to comply with applicable personal data protection legislation, including the General Data Protection Regulation (EU) 2016/679.
Where the services involve the processing of personal data, the parties will determine their respective roles and obligations.
Where required, a separate data processing agreement will be entered into.
Further information about personal data processing by THE CURATOR SAS is provided in our Privacy Policy.
21. Non-Circumvention and Professional Relationships
Certain representation, commercial development or partnership engagements may include specific non-circumvention obligations designed to protect legitimate business introductions and relationships.
Such obligations apply only where expressly agreed in writing, within the scope and duration specified by the relevant agreement and subject to applicable law.
Nothing in these general Terms independently creates an exclusive relationship or a post-contractual non-circumvention obligation.
22. Governing Law and Dispute Resolution
These Terms are governed by French law, subject to applicable mandatory provisions and international rules governing contractual relationships.
The parties are encouraged to seek an amicable resolution of any dispute relating to their professional relationship before initiating judicial proceedings.
Any dispute that cannot be resolved amicably will be submitted to the courts competent under applicable law, unless a valid jurisdiction or dispute resolution clause has been expressly agreed between the parties.
23. Contractual Documents and Order of Precedence
These Terms provide a general framework for professional services.
Where an engagement is governed by a separate written agreement, the specific provisions of that agreement take precedence over these Terms in the event of inconsistency.
The applicable contractual documents may include:
A signed service or representation agreement
A statement of work
An accepted commercial proposal
Agreed schedules or annexes
These Terms & Conditions of Services, where incorporated into the contractual relationship
Any modification to the agreed contractual framework must comply with the amendment requirements of the relevant agreement.
24. Changes to These Terms
DESIGN TO SOCIETY may update these Terms to reflect changes in its services, operational practices or applicable legislation.
The latest version will be published on the Website.
Revisions will not automatically modify the conditions of an existing binding agreement without a valid contractual or legal basis.
25. Contact
For questions regarding these Terms & Conditions of Services or our professional services, please contact:
DESIGN TO SOCIETY
Brand operated by THE CURATOR SAS
1 bis Rue Francis Jammes
64200 Biarritz, France
Email: info@designtosociety.com
Telephone: +33 (0)5 25 53 00 95
Website: https://www.designtosociety.com