Last updated March 2019
1.1 Crystal Interactive is a trading name of the following companies:
IML Interactive UK Ltd a company registered in England and Wales under number 07359615
Crystal Interactive Ltd a company registered in England and Wales under number 04036339
Both companies are registered at the following address: Bridge House, Flambard Way, Godalming, Surrey, GU7 1JB
1.2 These are the terms and conditions under which we do business. Please read them carefully. We may revise or update these terms and conditions at any time without notice.
2. Dealings between ‘you’ (the client) and ‘we’ or ‘us’ (Crystal Interactive)
2.1 Please contact us in writing if you have any issues regarding these terms and conditions. No variation to these terms and conditions will be binding unless one of our Directors writes to you confirming the variation.
3. Agreement of Services
3.1 We agree to provide services including but not limited to event applications, moderation and facilitation, audience response, other event technology, virtual events and equipment hire as specified in our quote or proposal under the terms and conditions set out here.
3.2 Some of the services we provide include applications and technology provided by partners and other third parties. By ordering these services from us you accept any terms and conditions, privacy policies and any other terms or policies that apply to these services. These terms and policies will be made available separately by the relevant partner or other third party.
4.1 Our services are project managed to ensure that the planning for your event is handled to a high level of quality. All our staff who deliver our services at the event are highly experienced and well trained live event practitioners.
5. Confirmation of Order
5.1 An order must be confirmed by you electronically signing our order form.
5.2 On receipt of confirmation, we will raise our first invoice which must be paid before the event starts (see section 7).
6. Reduction or Increase
6.1 Changes to the number of delegates and consequently the number of hired devices may be made up to 7 days prior to the event without penalty. Changes requested after this will be made at our discretion.
7.1 For events confirmed 30 days or less before the event and for fees less than £5,000 we will invoice 100% of the agreed total price for payment in advance.
7.2 Otherwise, we will issue 2 invoices, the first for a 75% advance payment of the Total Price quoted and a second after the event for the balance.
7.3 The first invoice must always be paid before the event starts. Our terms for all our invoices, including the second and final balance invoice, are 15 days.
7.4 If you fail to pay us on time we may:
7.4.1 refuse to supply you with any Services or equipment until payment is made in full.
7.4.2 disallow any discount that applies to any part of the outstanding payment.
7.4.3 charge you interest on the outstanding amount at the rate of 5% above the Bank of England base rate, accruing on a daily basis until payment is made in full.
7.5 All payments must be received in pounds sterling.
8. Cancellation (including postponement)
8.1 Once our service has been confirmed, if you then cancel or postpone:
8.1.1 more than 60 days prior to the event there will be no charge.
8.1.2 between 60 and 31 days prior to the event we will charge you 25% of our agreed fees.
8.1.3 between 30 and 7 days prior to the event we will charge you 50% of our agreed fees.
8.1.4 with 7 days, or fewer, notice we will charge you 100% of our agreed fees.
9. Logistics expenses
9.1 Our fees are subject to expenses for crew travel, accommodation, subsistence and equipment delivery or freight charges.
9.2 We will invoice our expenses as quoted, except where:
9.2.1 appropriate flights, accommodation and subsistence are provided by the client.
9.2.2 flights, accommodation and freight prices have changed since the original quote.
9.2.3 there are material changes to the event (i.e. changes to the agenda, crew call, start or finish times, location or accommodation requirements) which impact on our event logistics and therefore the expenses that will be charged.
10. Loss of Crystal voting keypads or smart wearables
10.1 For the duration of the event, any voting keypads or Crystal rented smart wearables lost, stolen or damaged are the responsibility of the client.
10.1.1 The replacement price of a Connector voting keypad is £400 + VAT.
10.1.2 The replacement price of a Communicator voting keypad is £400 + VAT.
10.1.3 The replacement price of a smart wearable (badge, button, wristband or sleeve) is calculated as the device purchase price minus the device rental price multiplied by the number of lost devices + VAT.
10.2 Voting keypads or smart wearable devices not returned within 1 week of an event will be invoiced. If undamaged keypads or wearables are returned after 1 week, a credit will be held on account against future business. No cash refunds will be provided.
11. Insurance of Crystal iPads and laptops
11.1 Where we provide Crystal iPads or laptops our insurance fee is mandatory and provides the following cover.
11.1.1 Our policy covers the first 2 lost, stolen or damaged Crystal iPads.
11.1.2 our policy covers the first 2 lost, stolen or damaged Crystal laptops.
11.2 For the duration of the event, any Crystal iPads or laptops lost, stolen or damaged are the responsibility of the client. The replacement price of an iPad is £400 + VAT and the replacement price of a laptop is £300 + VAT.
11.3 Equipment or devices not returned within 1 week of an event will be invoiced. If devices are returned after 1 week, a credit will be held on account against future business. No cash refunds will be provided.
12. Staff and Equipment Costs
12.1 The fees in our quote include all staff and equipment required to support the event unless otherwise stated.
12.2 The quote does not include the method of displaying Crystal output including the supply of projector, screen, sound equipment or video switching.
12.4 The quote does not include a connection to the Internet.
13. Limitation of Liability
13.1 We do not accept liability in any circumstances (including negligence) for:
13.1.1 any indirect or consequential loss or damage;
13.1.2 loss of business or capital, profit, reputation or goodwill;
13.1.3 loss of data or programs contained in or controlled by a machine.
13.2 All representations and warranties (express or implied) are excluded to the fullest extent permitted by law.
13.3 Our liability for breach of contract or negligence shall be limited to the amount payable for the services in connection with which any breach occurs..
13.4 Nothing in this section 13 limits or excludes our liability for death or personal injury.
14. Data Protection
14.1 When providing services to you we are likely to process Personal Data including a list of persons attending an event. When processing Personal Data we will comply with applicable data protection law including the General Data Protection Regulation (EU) 2016/679.
14.2 You represent and warrant that any Personal Data you provide to us has been collected and processed in accordance with applicable data protection law and that each Data Subject consents to you providing it to us for the purposes of the services we provide to you.
14.3 For events other than those specified in section 14.4, we acknowledge that we are a Controller for the Personal Data that we collect including any Personal Data you provide to us and any Personal Data we collect when providing services. When you send, deliver or transfer Personal Data to us on receipt of that Personal Data we become a subsequent Controller of that Personal Data.
14.4 For Event Services described as "self-service" (including the Bronze tier for Event Applications and the Standard or Enhanced tiers for Audience Response App services), we act as Processor and we will process Personal Data for you as Controller and act in accordance with your instructions (including any instructions of a general nature).
14.5 We may disclose Personal Data to:
14.5.1 our personnel, contractors and other third parties assisting us to provide services to you to the extent necessary to perform the services.
14.5.2 third party service providers who process data on our behalf to the extent necessary to perform the processing.
14.5.3 a competent public authority where required by applicable law.
14.6 We will not transfer or permit the transfer of Personal Data to third parties located in countries outside the European Economic Area unless the European Commission has issued a valid adequacy decision for that country or that third party has accepted standard contractual clauses in a form approved by the European Commission.
14.7 The terms Personal Data, Controller, Processor, processing and Data Subject have the meanings given to them in applicable data protection law.
15. Governing Law and Jurisdiction
15.1 These terms and conditions and any non-contractual terms arising in connection with any services provided under these terms and conditions are governed by, and shall be construed, in accordance with English law and you and we hereby submit to the exclusive jurisdiction of the English courts.