Terms and Conditions of Sale

Article 1 – Purpose

These General Terms and Conditions of Sale (GTCS) govern the contractual relationship between the company CROSS GLOBAL ART Agency (referred to as «CGA Agency») (hereinafter «the Agency») and its professional clients (hereinafter «the Client»).

They apply to all services offered by the Agency, barring special conditions agreed upon in writing between the parties.

Any order implies the Client's full and unreserved acceptance of these General Terms and Conditions of Sale, which prevail over any other document issued by the Client.

These General Terms and Conditions of Sale apply exclusively to business customers acting within the scope of their professional activity. Any service provided to a consumer shall be subject to separate conditions.

Article 2 – Covered Activities

These Terms and Conditions apply to the activities of CGA Agency and in particular to:

Consulting, strategic consulting services, content creation and production, advertising campaigns, digital communication, community management, operational marketing, business development, prospecting, as well as the design, organization, and production of events (corporate, promotional, artistic, or cultural).

Article 3 – Estimates and orders

Every service is subject to a written, dated, and detailed estimate, specifying the nature, scope, schedule, and cost of the proposed services.

The estimate signed by the Client constitutes a firm and final order and acceptance of these General Terms and Conditions of Sale.

Any subsequent modification or addition must be the subject of a written amendment accepted by both parties.

Article 4 – Price and terms of payment

Prices are expressed in euros excluding tax (excluding VAT). The applicable VAT is the one in effect on the billing date.

4.1. Terms of payment

Unless otherwise specified in the quote:

• A deposit is required upon signing.
• The balance is payable upon receipt of the invoice.
• No service can begin without the payment of this deposit.

Payments are made by bank transfer to the account indicated on the quote or invoice.

No cash discount is granted for early payment.

4.2. Late payment

In accordance with Article L441-10 of the French Commercial Code:

• Any payment delay automatically incurs late payment interest calculated at a rate equal to 10 points above the legal interest rate, without this rate being able to be less than three times the legal interest rate, and without any reminder being necessary.
• A fixed compensation of €40 is also due for recovery costs.
• When the incurred recovery costs exceed the amount of this flat-rate compensation, the Agency may request additional compensation upon justification.

In the event of non-payment, the Agency reserves the right to suspend the execution of ongoing services and/or to terminate the contract, without prejudice to any recovery action.

Article 5 – Cancellation, postponement or modification

5.1. Cancellation at the Client's initiative

Any order cancellation must be notified in writing, by mail or by email to contact@cgagency.art.

Cancellation fees amount to:

• 30% of the total amount of the estimate if the cancellation occurs more than 30 days before the scheduled date,
• 50 % between 15 and 30 days prior,
• 100 % if the cancellation occurs less than 15 days before the scheduled date.

The advance payments already made shall be deducted from the cancellation fees due.

5.2. Cancellation or postponement at the Agency's initiative

In the event of force majeure within the meaning of Article 1218 of the Civil Code (natural disaster, strike, accident, pandemic, administrative ban, etc.), the Agency may postpone or cancel the service without compensation other than the refund of sums paid, less expenses already incurred.

Article 6 – Execution of services

The Agency undertakes to perform its services in accordance with professional standards, industry practices, and the terms of the quote.

The Client agrees to provide within the agreed timeframes all information, validations, and elements necessary for the successful completion of the service.

Any delay attributable to the Client (transmission of content, late approvals, brief changes, etc.) may result in a schedule postponement and/or additional billing.

Article 7 – Subcontracting

The Agency is authorized to entrust all or part of the performance of the services to subcontractors or service providers of its choice, in particular regarding event staff, production, technical, logistical, and catering services, without prior agreement from the Client.

The Agency remains solely responsible to the Client for the proper performance of the services thus subcontracted.

The Agency guarantees that its subcontractors are subject to confidentiality obligations equivalent to those stipulated in Article 11.

Article 8 – Liability

The Agency is bound by an obligation of means.

It cannot be held liable for indirect damages, operating losses, damage to reputation, loss of data, or financial loss resulting from partial non-performance or delay.

Regarding the rental of works of art, the Client's liability is engaged from delivery until actual return. Any damage, loss, or theft will result in the invoicing of the full value of the work, according to the contractual inventory.

Article 9 – Intellectual Property

9.1. Ownership until full payment

Consulting work, creations, concepts, mock-ups, visuals, texts, videos, logos, communication plans, or scenographies produced by the Agency remain its exclusive intellectual property until the invoice has been paid in full.

Any unauthorized use, distribution, or reproduction constitutes infringement under the Intellectual Property Code.

9.2. Assignment of rights after payment

Subject to full payment of the price, and in accordance with Article L131-3 of the French Intellectual Property Code, the Agency assigns to the Client the copyright patrimonial rights in the creations produced specifically for the Client, within the following limits:

• Transferred rights reproduction and representation rights.
• Supports and destination : those expressly mentioned in the quote.
• Territory : the one expressly mentioned in the quote, otherwise France.
• Duration the one expressly mentioned in the quote, otherwise two years from delivery.

Any exploitation exceeding this scope — new medium, new territory, extension of duration, derivative work or adaptation — shall be subject to a written amendment and additional remuneration.

Unsuccessful proposals, preparatory studies, methods, know-how, and internal tools of the Agency remain its exclusive property.

9.3. Pre-existing elements and third-party rights

Pre-existing elements integrated into the deliverables (fonts, stock photographs, music, software, third-party content) remain subject to their owners' licenses. The Agency informs the Client thereof and transfers the benefit thereof to the Client solely within the limit of the rights acquired. Any use beyond these licenses is the responsibility of the Client.

When the service involves capturing images of identifiable individuals, it is the Client's responsibility to obtain the necessary image rights authorizations, unless otherwise specified in the quote.

Article 10 – Commercial Listing

Unless the Client objects in writing, the Agency is authorized to cite the Client's name, corporate name, trademark, and logo, as well as to present visuals and a summary description of the services provided, as a commercial reference, on its communication media: website, social networks, commercial documents, and application files.

The Client may withdraw this authorization at any time by a simple written request sent to contact@cgagency.art. The Agency shall process the withdrawal within thirty days.

This authorization does not cover the disclosure of confidential information within the meaning of Article 11, nor the publication of non-public numerical results, which require the express agreement of the Client.

Article 11 – Confidentiality

The information exchanged between the parties is strictly confidential.

Each party undertakes not to disclose, without written authorisation, the data, documents, ideas or processes shared in the course of the engagement.

Article 12 – Personal data

Each party agrees to comply with the regulations applicable to personal data, in particular Regulation (EU) 2016/679 and amended Law No. 78-17 of January 6, 1978.

The data collected by the Agency as part of the contractual relationship are processed solely for the purposes of customer relationship management, invoicing, and prospecting. Detailed terms and conditions can be found in the Agency's privacy policy.

Where the performance of a service leads the Agency to process personal data on behalf of the Client — in particular during contact-collection operations, prize draws or registration forms — the parties shall enter into a data-processing agreement compliant with Article 28 of Regulation (EU) 2016/679.

Article 13 – Assurances

The Agency is covered by professional liability insurance covering its activities.

The Client undertakes to take out any additional insurance necessary to cover risks related to its premises, events, or art exhibitions.

Article 14 – Claims and Disputes

Any claim must be made in writing within 15 days following the performance of the service. Otherwise, the service will be deemed compliant.

In the event of a dispute, the parties shall seek an amicable solution.

In the absence of an agreement, the Commercial Court of Paris shall have sole jurisdiction, even in the event of multiple defendants or third-party claims.

Article 15 – Applicable Law

These Terms and Conditions of Sale are governed by French law.

If a clause is deemed null and void, the remaining provisions shall remain fully applicable.

Article 16 – Modification of the Terms and Conditions of Sale

The Agency reserves the right to modify these T&Cs at any time.

The General Terms and Conditions of Sale applicable to an order are those in force on the date the quote is signed, a copy of which is provided to the Customer or made accessible on this website.

This document is available in French, English, and Japanese. In the event of any discrepancy in interpretation, only the French version shall prevail.