Products Terms & Conditions

Compass Products Terms & Conditions

1. The following terms and Conditions of Service (“terms”) apply to all products and services provided by or on behalf of Compass Media Ltd (“ Compass”, “we” or “us”) and, in the event of any dispute, are governed by the laws of the Cayman Islands and the Cayman Islands courts shall have exclusive jurisdiction over any such dispute.
2. By submitting an order for a product or service from Compass or any member of the Compass group of companies (each a “project”), and by signing an order form, quotation or estimate, you agree to be bound by these terms, our Privacy Policy, Copyright Policy, and any other relevant policies (together, your “contract”), all of which can be found at Legal – Cayman Compass in addition to the matters set out in your order form. Please review the Contract carefully as it sets out the legal obligations and rights between us.
3. Compass reserves the right to change these terms at any time and without prior notice and encourages clients to periodically review this page for changes.

Fees and Payment

4. Fees for services to be provided by Compass will be set out in the order form, written estimate or quotation.
5. Unless a client has applied for and been accepted as a credit account customer, Compass will provide services only on a pre-payment basis, with receipt of cleared funds prior to the order being confirmed. Account customers may be extended a credit account with thirty days for payment from date of invoice. Compass reserves the right to withhold publication and/or release of work done by Compass on behalf of the client until cleared funds have been received.
6. If the due date for payment falls on a weekend or bank holiday the payment is due on the first working day immediately prior to the due date. Compass reserves the right to charge interest on late payment at 5% per month on a compounded basis.
7. For the avoidance of doubt, Compass shall have the right to charge additional sums for any additional services requested during a project that are over and above the estimated time or out of scope. Specifically, the client agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
8. Any invoice queries must be submitted by email within thirty of days of the invoice date.
9. Accounts which remain outstanding for sixty days after the date of invoice will incur late payment interest charges at 5% on the outstanding amount from the date due until the date of payment.
10. Payments may be made by cheque, online transfer, credit card (Visa, Mastercard) or debit card.
11. Returned cheques will incur an additional fee of $50 per returned cheque.
12. Fees may be recovered by another company in Compass’s corporate group.
13. Where a payment is in default the client agrees to pay Compass’ legal and accounting expenses and third-party collection agency fees in the enforcement of the debt and these terms in addition to all amounts due, including interest charges.

Copyrights and Trademarks

14. By supplying text, images and other data (“client data”) to Compass, the client agrees that it holds the appropriate copyright and/or trademark permissions and permits Compass to use the data in the commission of the services. The ownership of the client data will remain with the client.
15. Copyright is retained by Compass on all design work including sounds, words, pictures, ideas and illustrations (“design work”) unless specifically released in writing and after all costs have been settled.
16. A licence for use of design work is granted to the client solely for the project or Advertisement defined in the scope, order form or request. The client may request in writing from Compass, the necessary permission to use the design work in forms other than for which it was originally supplied, and Compass may, at its discretion, grant this and may charge for the additional usage.

Sub-contractors and provision of services

17. Compass reserves the right to use the services of sub-contractors, agents and suppliers.
18. Compass reserves the right for any member of the Compass group of companies to provide the services.

Indemnity

19. The client agrees, to the fullest extent permitted by law to defend, indemnify, and hold Compass, Compass group companies and affiliated companies (including but not limited to Regal Cinemas and television stations on which Advertisements are broadcast) and each of their respective employees and agents (together the “Indemnified Persons”) harmless from any claim or demand made by the client or any third party (including, but not limited to claims in breach of intellectual property and defamation), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses of every kind and nature, known and unknown (“Losses”), incurred or suffered by Compass, relating to or arising out of: (a) any breach of these terms or the Contract; (b) the client’s use (or misuse) of Compass’ services or products; (c) failure of an Advertisement to meet any standards warranted by the client in these terms; (d) the client’s violation of any law, regulation or the rights of a third party, including intellectual property rights; (e) defamation by the client; and/or (f) the client not having the appropriate authority or permission to use the data or materials it has submitted or to enter into the contract.

Warranties

20. Compass makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Any indication given by Compass of a project’s duration is to be considered by the client to be an estimation. Compass cannot be held responsible for any project delays.

Liability

21. Compass is not responsible for any loss, or consequential loss arising from the products and/or services it supplies, delay to or non-delivery of products or services, save where caused by Compass’s wilful default or fraud.
22. The client expressly agrees that Compass holds no responsibility for any act or omission (including any amendments made) by itself or any third party, before or after a design or Advertisement is published or screened.
23. Compass’s maximum liability for any loss or damage arising out of or in relation to any service whether in contract, tort or otherwise shall not exceed the amount paid by the client for the relevant service.
24. For the avoidance of doubt, nothing in these terms will limit or exclude Compass’s responsibility for death or personal injury resulting from its own fraud or any other liability that cannot be excluded.
25. Compass will in no circumstances be liable for:
    1. any loss or damage arising out of failure to deliver, air, screen or publish on a timely basis or inadvertent omission from any issue of the publication;
    2. any errors in telephone numbers, addresses, or any other key information in any advertisement;
    3. interruption or delay experienced by the client or any third party in delivering copy to Compass;
    4. any failure or delay affecting: delivery; production; publication; screening; airing; transmission of the Compass Sites, which results from any act, omission, interruption, fault or other condition beyond the reasonable control of Compass;
    5. repetition of errors and it is the client’s responsibility to inform Compass of any errors and provide any necessary assistance to Compass to prevent a repeat of the error.
    6. loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue or any other loss which happens as a side effect of the main loss suffered by the client or any loss which could not be contemplated by Compass.
26. Compass does not guarantee continuous, uninterrupted access by users of or visitors to the Compass Sites, radio stations, third party television stations or Regal Cinemas.
27. All services and Contracts are contingent upon acts of God, strikes, mechanical breakdowns or any other unforeseen interruptions to the production schedule. Acts of God such as hurricanes which occur after publication and initial distribution of the most current issue of the publication will not be reason to alter payment amounts contracted for that issue.
28. Compass’s maximum liability for any loss or damage arising out of or in relation to any service, whether in contract, tort or otherwise shall not exceed the amount paid by the client for the relevant service.

Design Credit

29. The client agrees to allow Compass to place a small credit on printed, online or onscreen material, in the form of a small logo or line of text, where required by Compass.
30. The client also agrees to allow Compass to place design work, along with a link to the client’s site where appropriate, on Compass’s website for demonstration purposes and to use any designs in its own publicity, brochures and portfolios. The client should contact [email protected] if it does not want the design work to be published.

Right to Refuse

31. Compass will not include in its design work any material which it considers, in its sole discretion, to be immoral, offensive, obscene or illegal. Compass reserves the right to refuse to include material without giving reason to the client.
32. It is the client’s responsibility to ensure that all advertising material conforms to all relevant standards applied by advertising standards authorities, laws or regulations and Compass shall have no responsibility or liability for any breaches in respect of materials it has produced for the client.

Privacy and Confidentiality

33. Please refer to the Compass Group’s privacy policy at Privacy Policy – Cayman Compass which applies to all clients.
34. It is the client’s responsibility to confirm to Compass if any information (that does not constitute personal data for the purposes of privacy laws) that it provides to Compass in the course of the project is confidential information and should be treated by the Compass as such. Compass shall comply with its obligations under relevant applicable laws in relation to confidentiality, but for the avoidance of doubt shall not be liable for the transmission of any information that was not expressly noted to be confidential information.

Terms of website use

35. The Compass Group’s terms of website use at https://www.caymancompass.com/terms-of-use/ apply to all users of Compass’ website. To the extent that there is any conflict, these terms shall apply.

Questions

36. Any questions relating to these terms or Compass’s services should be directed to [email protected].

Miscellaneous

37. Should any part of the terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
38. Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Compass.

Additional Specific Product terms: Print & Design Services

39. This section of the terms sets out additional terms of business between the client, being an entity, individual or agency purchasing print or design services, and Compass, as printer and/or designer of the work (“project”) and should be read in conjunction with any other information provided by Compass to the client in relation to the project.
40. At the time of proposal, Compass will provide the client with a written estimate or quotation by email. A copy of the quotation is to be signed and dated by the client to indicate acceptance and should be returned to Compass. Acceptance of a quotation shall indicate that the client has agreed to these terms. All work is carried out by Compass on the understanding that the client has agreed to the terms.
41. For the avoidance of doubt, Compass shall have the right to charge additional sums for any additional services requested during the project that are over and above the estimated time or out of scope. Specifically, the client agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.

Additional Specific Product terms: Advertising Services

42. This section of the terms sets out the terms of business between the client, being an entity, individual, or agency purchasing content, and Compass, as publisher of the advertisement content (the “Advertising Contract”) and should be read in conjunction with any other terms provided by Compass to the client, including the relevant Print Media Kit and any order for work.
43. These terms shall apply to all advertisements, including print advertisement in a Compass publication (“Publication”), online advertisements on a Compass Site, social media advertisement placement, email newsletter advertisements, advertisements screened at Regal Cinemas or on a third party television station, and radio advertisements aired on any Compass radio station (together “Advertisements”). By placing an order, the client accepts and agrees to be bound by these terms.
44. Fees for the Advertisement will be set out in the order form or a written estimate or quotation. Signing the order form shall constitute acceptance by the client of these terms and the Contract.
45. Compass may, without any responsibility to the client, reject, cancel or require any Advertisement to be amended that it considers unsuitable or adverse to these terms and remove, not print, suspend or update or change the position of any such Advertisement. Compass may refuse to publish, screen or air any Advertisement for any client who has not paid any sums due for any Advertisement. The client will remain responsible for all outstanding sums.
46. No Advertisement booking made with Compass that is reliant on a third party (including but not limited to cinema bookings) will be binding on Compass until the Advertisement has been approved by the third party.
47. Compass has the right to cancel any Advertising Contract, at any time before or after commencement of services, at its sole discretion.
48. In the event that Compass: (i) does not place, screen or air any Advertisement; (ii) shall discontinue a Compass Site, radio station or Publication; or (iii) shall cancel this Advertising Contract, or Regal or a third party television station is unable to screen the Advertisement, Compass will not be liable for any loss or damage caused directly or indirectly by such action or omission.
49. All copy and type arrangements of Advertisements are subject to the approval of Compass.
50. It is the responsibility of the client to submit all advertising materials to the publication on a timely basis according to the artwork deadline dates as detailed within the relevant Print Media Kit.
51. In the event that such materials are not forthcoming, Compass will have the right to create an advertisement for the client which will not be subject to the client’s pre-publication approval and invoice the client for related creative and production charges in addition to advertisement space charges.
52. The client authorises Compass, but Compass is not obliged, to destroy all photographs, artwork, soundwork, film etc, after a period of 30 days from publication if return of said media is not requested by the client.
53. All Advertisements shall remain the sole property of Compass and may not be used, reproduced or rebroadcast by anyone other than Compass without Compass’ express written consent.
54. Any Advertisement that, in the opinion of Compass , could be mistaken for editorial copy will be labelled “Advertorial” (or equivalent).
55. While Compass will make every effort to place Advertisements in positions requested by the clients, Compass is under no obligation to do so, except in cases where the client has paid a “premium” to reserve a preferred position.
56. Compass neither warrants nor represents that the Advertisement will be without errors. The Client expressly agrees that Compass will not be required to correct any error in the Advertising until the commencement of the next advertising period.
57. Compass shall use its reasonable endeavours to reproduce Advertisements as provided by the client but cannot guarantee that the Advertisement will be of the same quality.
58. It is the responsibility of the client to notify Compass in writing of any error in advertisements within seven days of delivery, airing, screening or publication.
59. If Compass publishes or screens an Advertisement containing an error or fails to publish or screen an Advertisement, in circumstances where Compass is at fault and payment has already been made to Compass, the client’s sole remedy shall be the credit of an amount that Compass in its sole discretion considers reasonable and in no circumstances exceeding the amount paid for the Advertisement.
60. Advertising rates are based on digital files being submitted to Compass in correct high-resolution format according to the Artwork Specifications page in the publication’s Media Kit. If additional services are necessary to prepare digital logos or files for high quality reproduction there will be an additional charge of CI$100 per hour.
61. The client will remain responsible for the entire Advertisement charge if the client cancels after the sales deadline as detailed in within the relevant Print Media Kit.
62. An additional fee of 25% of the full cost may be charged if the client provides artwork after the artwork deadline.
63. The client guarantees and warrants to Compass that:
    1. All Advertisements shall fully comply with the Compass guidelines at Community Standards – Cayman Compass;
    2. any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
    3. the Advertisement is legal, honest and truthful;
    4. it has obtained the consent of any living person whose name or image or copyright (in whole or in part) is contained in any Advertisement;
    5. the Advertisement is not libellous and does not infringe the rights of any person;
    6. the Advertisement does not infringe any person or entity’s intellectual property rights;
    7. the Advertisement is not prejudicial to the reputation of Compass or the Compass Sites or Publications, an associated third party television station or Regal;
    8. the Advertisement is not contrary to the provisions of any applicable law, regulation or code of practice;
    9. any Advertisement submitted for online publishing or screening is free of any viruses and will not cause an adverse effect on the operation of the Compass Sites or any cinema.
64. The publication of an Advertisement by Compass does not mean that it accepts the Advertisement has been provided in accordance with these terms or that it has waived any of its rights under these terms.