Presenter Terms and Services Agreement

Important information

Presenter Terms and Services Agreement

Parties

MAE Projects Pty Ltd trading as Skills Education Network (Skills Education), Education Matters and RPL Matters
- Email: [email protected]
The Presenter

Background

Skills Education provides professional development webinars, on-demand pre-recorded sessions, short courses, and professional certifications via the Skills Education website.
Skills Education provides access to the Education Matters learning and resources hub via annual subscription. Education Matters hosts content related to VET and more broadly, training and education.
The Presenter is being engaged by Skills Education to present in one or more live events / short courses.

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications, representations, or agreements.

If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

Agreed Terms

1. Defined terms & interpretation

In this Agreement, unless the context indicates the contrary:

Confidential Information means all information provided by one party to the other in connection with this Agreement where such information is identified as confidential at the time of its disclosure or ought reasonably be considered confidential based on its content, nature or the manner of its disclosure, but excluding:

information that enters the public domain or is disclosed to a party by a third party, other than through a breach of this Agreement; and
information developed independently by a party.

Content by Request means Event Content developed at the request of Skills Education and to the specific overview, material content and learning outcomes as specified by Skills Education. Content by Request is developed specifically for Skills Education and becomes part of Skills Education's Intellectual Property.

Customer means a customer who commits to purchasing access to the event or course via the Skills Education website.

Event means the live webinar event, and limited replay recording of the event, including promotions leading up to the event.

Event Content means the content submitted by or on behalf of The Presenter to Skills Education pursuant to clause 4, or recorded as part of the event by Skills Education, including but not limited to presentations, sound recordings, musical works, literary works (including software), artistic works, cinematograph films, photographs, patents, designs and trade-marks, text, graphics, icons and URLs.

Fees means the fees detailed in Clause 9.

Force Majeure Event means any event beyond the control of the relevant party.

GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth), or any other similar tax.

Indemnified Persons means Skills Education its agents, affiliates, subsidiaries, directors, officers, employees, consultants and contractors.

Insolvency Event means in relation to a party:

a receiver, receiver and manager, trustee, administrator, controller (as defined in the Corporations Act 2001 (Cth)) or similar official is appointed over any of the assets or undertakings of the party;
the party suspends payment of its debts generally;
the party is or becomes unable to pay its debts when they are due or is or becomes unable to pay its debts or is presumed to be insolvent within the meaning of the Corporations Act 2001 (Cth) or the Bankruptcy Act 1966 (Cth);
the party enters into or resolves to enter into any arrangement, composition or compromise with, or assignment for the benefit of, its creditors or any class of them;
the party ceases to carry on business or threatens to cease to carry on business; or
a resolution is passed, or any steps are taken to appoint, or to pass a resolution to appoint, an administrator to the party.

Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trademarks, design rights, moral rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.

Invitation to Present means an invitation by Skills Education representative/s to the Presenter to deliver Event Content at a Skills Education Professional Development Event.

Skills Education website means the website URL: https://www.skillseducation.com.au.

Standard Webinar means a live event of up to one hour in duration - typically 45mins of Event Content plus time for audience Q&A.

Unless the context requires otherwise:

a reference to a person includes a corporation or any other legal entity;
the singular includes the plural and vice versa;
headings are for convenience and do not form part of this Agreement or otherwise affect the interpretation of this Agreement;
the term "includes" (or any similar term) means "includes without limitation"; and
a reference to any statute includes references to any subsequently amended, consolidated or re-enacted version of that statute and all delegated legislation or other statutory instruments made under it.

2. Grant of licence

In consideration for the payment of the Fees, the Presenter grants Skills Education a non-exclusive, non-transferable licence to the Event Content and to promote and distribute the Event Content via the Skills Education website on the terms and conditions of this Agreement.
Nothing in this Agreement restricts Skills Education from promoting Events by other Presenters and/or distributing their content on the Skills Education site

3. Obligations of Presenter

The Presenter will:
1. Maintain communications with the event Host as required for organising events, preparing Event Content and responding to queries.
2. Attend the event in a timely manner, joining at least 20 minutes prior to event commencement for final organisation and technology testing.
3. Support and contribute to the promotion of their event by sharing whenever and wherever possible.

4. Submission of Event Content

The Presenter must provide Event Content to Skills Education for the purpose of the event
The Presenter will submit the Event Content on the Skills Education PowerPoint (PPT) template and any handouts for QA at least two (2) weeks prior to the event
All Event Content must:
1. be in the form reasonably required by Skills Education;
2. be complete and accurate; and
3. comply with all laws, regulations and relevant industry codes.
Event Content must not include any request to publish or link to content which is illegal or may bring Skills Education into disrepute.
Skills Education may reject or cancel any Event Content at its sole discretion.
By submitting Event Content, the Presenter authorises Skills Education to publish the Event Content on the Skills Education website for the purposes as outlined in this agreement.

5. Positioning and Style

The Presenter acknowledges and agrees that Skills Education retains editorial control over the Skills Education website. Skills Education may at its sole discretion:

Refuse to include any Event Content at any time
Remove any Event Content at any time
Position Event Content as it sees fit
Request further information at any time regarding an Event to clarify Event Content and any subsequent positioning of that material
Label any Event Content for clarification to ensure that it is clear what the Event Content is intended for.

The Presenter agrees that:

Any promotion of the Event that they carry out independently of Skills Education will always include the Skills Education logo and/or reference to the Event as being a Skills Education event. It must be clear in any imagery that the Event is a Skills Education Event
Nothing must be done to harm the reputation of Skills Education in any of the Presenter's communications about any upcoming and/or past Event

6. Functionality

From the Commencement Date until The Presenter and Skills Education agree otherwise, the functionality of the Event Content will operate as follows:

Skills Education and/or a nominated third-party promoter will be responsible for the promotion and provision of the Presenter Collateral;
Skills Education and/or a nominated third-party promoter will manage the transaction once the Customer has committed to purchasing the Presenter Collateral and will manage the Customer’s expectations with respect to the capabilities of Skills Education;
Skills Education will remit to the presenter the agreed amount, inclusive of GST if the presenter is registered for GST, to the presenter’s nominated bank account within 7 days of the end of the week in which the live event occurs.
If the Presenter is not registered for GST, Skills Education will advise the Presenter to generate an invoice for the agreed amount and Skills Education will pay that into the presenter’s nominated bank account within 7 days after receiving a correctly formatted invoice.

7. Obligations of Skills Education

Skills Education will:

Provide Presenter access to the webinar platform as needed to act as Presenter for the event;
Provide high-level QA services on Event content to ensure information is accurate and free from spelling and/or grammatical error;
Provide event support and hosting activities as required;
Provide any attendee feedback following the event.

8. Intellectual Property Rights

Except where engaged to develop content expressly for Skills Education and on the request of Skills Education, the presenter retains Intellectual Property Rights to their own content. Skills Education will own the event presentation collateral, where the presenter has been engaged to develop or update content. Skills Education will own the event video recording produced as a result of any live event. Collateral includes: PowerPoint, video recording and any additional supporting resources that you provide. Skills Education will allow timed access to the resources (PowerPoint and video recording) to registered attendees of the event. In some instances, event content may be supplied to subscribers of the Education Matters hub or the RPL Matters Community of Learning. This is at the sole discretion of Skills Education.
The Presenter acknowledges and accepts that it will not, as a result of entering into this Agreement, acquire any Intellectual Property Rights or any ownership interest in the Skills Education website.
Without limiting clause 8.2, the Presenter agrees not to use any of Skills Education’s Intellectual Property Rights (including without limitation, Intellectual Property Rights in the solutions and functionality of the Skills Education website) for any purpose other than to discharge its obligations under this agreement.
By entering into any agreement to present for Skills Education, the Presenter grants Skills Education the right to make an audio and/or visual recording of their participation in the activity (any digital event including: webinar, Trainer Chat, Natters on Education Matters session)(the Recording). The Presenter agrees that Skills Education owns all rights in all media throughout the world in the Recording and Skills Education may use and authorise the use of the Recording in whole or part in any manner it considers appropriate, including for promotional purposes, editing, synchronisation with visual images, adaptation for other publications (written or electronic) and re- publication. In the event that to the extent that the Presenter may own any rights, they assign all present and future copyright in the Recording to Skills Education.

9. Fees

From time-to-time, presenters offer their time as a donation to the education and VET sector, and the Skills Education program. Skills Education gratefully accepts these offers and passes on the goodwill by offering the session/s at no-cost to registrants for the live event.

In all other cases, Skills Education pays the Presenter fees according to the following:

Trainer Chat:

These sessions are delivered ‘in kind’

The Presenter donates their time to deliver a 30-45min chat on issues relevant to their role, and the role of others, as a trainer. In return, the Presenter may select registration to 1 (one) x standard webinar (~60 minute session)

Skills Education does not charge a registration fee to the live event for Trainer Chats

Guest Speaker on a Natters on Education Matters session

‘Natters’ are delivered for the primary audience, that being members of Education Matters

Less formal than a webinar, Natters are designed to be conversations on topical issues. Presenters may deliver to a slide deck, deliver their content without that aid and/or simply conduct a ‘back and forth’ conversation with the session host. Natters sessions are usually up to an hour inclusive of audience Q&A time

Presenters are offered a choice based on their appearances throughout the calendar year:

a) A per session payment of $100 inc. GST if applicable; or
b) An ‘in kind’ payment – for three (3) guest spots – complimentary membership to Education Matters for that same year

Some presenters opt to donate their time for Natters appearances. In these cases, Skills Education will promote the presenter and/or their business on the event page with live links to the Presenter’s details

Guest Speaker on an RPL Matters Live Meet Up session

RPL Matters is the Australian Community of Learning about RPL. ‘Live Meet Ups’ are delivered for the primary audience, that being members of RPL Matters

Less formal than a webinar, Live Meet Ups are meant to be community discussions on topical RPL issues. Presenters may deliver to a slide deck, deliver their content without that aid and/or simply conduct a ‘back and forth’ conversation with the session host

Presenters donate their time for Live Meet Up guest appearances

Standard Webinar: Existing Skills Education content – delivered as updated/repeat content

This means: An event up to one hour in duration; Content already exists on the Skills Education website and will be re-delivered to refresh the topic/recording

Agreed Schedule of Fees
	Number of hours	Fee Per hour	Total Fee
Development	N/A	N/A	N/A
Preparation	0.5 hour	$75.00 incl. GST	$75.00 incl. GST
Presentation	1 hour	$150.00 incl. GST	$150.00 incl. GST
Total Payment for Event			$225.00 incl. GST*

Standard Webinar:

This means: An event up to one hour in duration; Topic and content put forward by the presenter that may or may not exist as a presentation elsewhere

Agreed Schedule of Fees
	Number of hours	Fee Per hour	Total Fee
Development	N/A	N/A	N/A
Preparation	1.33 hours	$150.00 incl. GST	$200.00 incl. GST
Presentation	1 hour	$150.00 incl. GST	$150.00 incl. GST
Total Payment for Event			$350.00 incl. GST*

Standard Webinar: Develop specific content by request of Skills Education

This means: Skills Education asks the presenter to develop a specific session about a particular topic and that the presenter has not previously delivered elsewhere. The definition of 'Content by Request' applies here.

Fee notified at time of request

* GST payments only if applicable.

If the presenter is not registered for GST the schedule is:

Guest ‘Natters’ Presenter: $90.91
Existing Skills Education content: $204.55
Existing content: $318.18

Skills Education must give the Presenter a Recipient Created Tax Invoice (RCTI).

Any presenter not registered for GST is not eligible for an RCTI and must submit an invoice for payment. Skills Education will advise the amount for the invoice and on receipt of the invoice, pay the amount owed within 7 days.

Skills Education reserves the right to recalculate fee structures at any time to ensure continued coverage of costs. Any changes to fee structures will be notified in writing.

Live webinar payment structure

Standard Webinar refers to the duration of the event.

Skills Education pays the Presenter fees according to the originality of the content. If the session is a re-run, that is, it’s a session that has been delivered for Skills Education before and only requires minor edits for the new audience, presentation fees are paid. Half an hour extra to the live session is included to cover the requirement to be online at least 20mins prior to the ‘go live’ time.

Where the topic and content put forward by the presenter may or may not exist as a presentation elsewhere, presentation and preparation fees are paid. The preparation component will cover any preliminary/pre-session arrangements required between the presenter and Skills Education for the session and/or time to load content onto the provided Skills Education slide templates.

If the content is being developed as a new session at the request of Skills Education, fees paid for development and presentation are advised at time of request. For clarity 'by request' means Skills Education has approached the presenter and asked for a specific session outline to be developed. All presenters will have received an Invitation to Present; not all Invitations to Present will constitute 'Content by Request'.

From time-to-time, presenters offer their time as a donation to the VET sector and the Skills Education program. Skills Education gratefully accepts these offers and passes on the goodwill by offering the session at no-cost to registrants for the live event.

Per clauses in Item 12, Skills Education reserves the right to recover fees from the Presenter in cases where the Presenter fails to meet their obligations to Skills Education as contained in this agreement.

10. GST

The presenter and Skills Education declare that this agreement relates to taxable supplies. Skills Education will issue tax invoices in respect of these supplies. The presenter will not issue tax invoices in respect of these supplies.
Skills Education acknowledges that it is registered for GST and that it will notify the Presenter if it ceases to be registered.
The presenter acknowledges that it is registered for GST and that it will notify the Skills Education if it ceases to be registered.
Acceptance of the Skills Education Recipient Created Tax Invoice (RCTI) constitutes further acceptance of the terms of this agreement.
Notwithstanding information in (9) above, both parties to this supply agree that they are parties to an RCTI agreement as outlined in Australian Taxation Office GSTR 2000/10. The GST shown on the RCTI will form part of the total GST payable by Skills Education on the business activity statement (BAS) for the relevant tax period.

11. Confidentiality

A party must not, without the prior written consent of the other, use or disclose the other party's Confidential Information unless expressly permitted by this Agreement or required to do so by law or any regulatory authority.
A party may:
- Use the Confidential Information of the other party solely for the purposes of complying with its obligations and exercising its rights under this Agreement; and
- Disclose the Confidential Information to its personnel or advisers to the extent necessary for them to know the information for purposes related to this Agreement, but only if reasonable steps are taken to ensure that the confidentiality of the information is retained.

Each party must implement and maintain effective security measures to prevent unauthorised use and disclosure of the other party's Confidential Information whilst it is in the receiving party's possession or control.
Each party must return, or at the other party's option destroy, all Confidential Information of the disclosing party in the receiving party's possession or control, on the earlier of the disclosing party’s request or on termination of this Agreement for any reason.

12. Responsibilities and Warranties from The Presenter

a. The Presenter agrees and commits to Skills Education that they will:

Submit a headshot as a high-resolution image for Skills Education use in promotion of the event
Submit a truthful presenter biography
Submit an event outline as session overview and key learning outcomes
Respond to any Skills Education requests for clarification on the above
Develop the slideshow presentation on provided PPT template
Submit the PPT and any handouts for QA at least two (2) weeks prior to the event
Apply any recommended edits from the QA process
Participate in a technology test at an agreed time and date to be familiar with the webinar software on the day
Rehearse the content to ensure a professional presentation
Execute the event on the day to a professional standard and in alignment with the expectations set out in these Terms and Conditions
Perform so that a quality recording of the event can be made – or if circumstances and/or performance on the day prevent the Presenter from doing this live, the Presenter will commit to providing to Skills Education a quality recording made with or without an audience within 2 days. This will be recorded on the Presenter’s own time if they fail to perform to a professional standard during the live event, thereby requiring a recording to be made
Will not commit to present the same (or very similar) session booked with Skills Education with another, competitor PD service within two (2) months of the event date scheduled with Skills Education

b. The Presenter represents and warrants to Skills Education that:

It is fully authorised to and has all rights and approvals required to publish, and to authorise Skills Education to publish, all Event Content on the Skills Education website
Neither the Presenter Collateral nor the publication of the Event Content on the Skills Education website infringes, or will infringe, any Intellectual Property Right, any right of confidence or other right of any person
No Event Content is defamatory, discriminatory, obscene, false, misleading or deceptive
All Event Content will comply with all applicable laws, regulations and relevant industry codes
The Presenter will not engage in any conduct or activity that will bring Skills Education into disrepute
The Event Content will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of Skills Education
The Event Content will be free from 'in-session' sales and/or direction to external and/or competitor websites
In the event of internet connectivity failure (on either the Presenter or Host end) the Presenter agrees to supply either a re-run or recording of the interrupted session to uphold commitment to registrants
Bookings for events will be honoured and the Presenter will not cancel or pullout of their agreed participation to present a session
If the Presenter does fail to meet their obligations in the agreement, Skills Education may issue (at the sole discretion of Skills Education) an invoice to the Presenter in the amount of $750+GST to cover lost time and revenue to Skills Education caused by the Presenter. The presenter agrees they will pay this invoice on receipt if and when issued
Requirements contained in the Skills Education booking form are fully actioned on each occasion
The information provided to Skills Education in relation to the subject matter of this Agreement before its entry into this Agreement is true and correct.

13. Warranties from Skills Education

Skills Education represents and warrants to the Presenter that:

It is authorised by all necessary government and other agencies and authorities and will, throughout the Term, continue to be authorised to promote the Presenter Collateral and to publish the Event Content on the Skills Education website
It will use reasonable efforts to promote the Event
It will not alter the functionality of the Event Content without the prior approval of the Presenter, which approval may be withheld by the Presenter in its absolute discretion
The information provided to the Presenter in relation to the subject matter of this Agreement before its entry into this Agreement is true and correct.

Skills Education gives no guarantee (expressed or implied) that particular audience numbers will be reached for events.

14. Liability

To the full extent permitted by law, Skills Education excludes all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
To the full extent permitted by law, Skills Education excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in this agreement.
A party's liability for any claim relating to a breach of this Agreement will be reduced to the extent to which the other party contributed to the damage arising from the claim.
This Agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If any such legislation applies, to the extent possible, Skills Education limits its liability in respect of any claim to, at Skills Education's option:

1. In the case of goods:

The replacement of the goods or the supply of equivalent goods;
The repair of the goods;
The payment of the cost of replacing the goods or of acquiring equivalent goods; or
The payment of having the goods repaired,

2. And in the case of services:

The supply of the services again; or
The payment of the cost of having the services supplied again.

15. Indemnity

The Presenter indemnifies and agrees to keep indemnified all Indemnified Parties against any and all costs, claims, losses, damages, liability and expense (including all legal fees) which may be made or brought against or suffered or incurred, directly or indirectly by the Indemnified Persons in connection with:

Any breach of this Agreement by the Presenter;
Any act of fraud or wilful misconduct by or on behalf of the Presenter; or
The publication of, or any act or omission in relation to, the Event Content or any Presenter website.

16. Force Majeure

A party will not be responsible for a failure to comply with its obligations under this Agreement to the extent that failure is caused by a Force Majeure Event, provided that the party keeps the other closely informed in such circumstances and uses reasonable endeavours to rectify its effects.
Without limiting any other right to terminate under this Agreement, if a Force Majeure Event affects a party's performance under this Agreement for more than thirty (30) consecutive days, the other party may immediately terminate this Agreement by written notice.

17. Termination

A party may terminate this Agreement by written notice to the other party:

At any time with the provision of thirty (30) calendar days’ notice;
the other party breaches this Agreement in a material way which is either:

not remediable; or
if capable of remedy, the other party fails to remedy within 14 days of written notice setting out the breach and the action required to remedy it;

an Insolvency Event occurs with respect to the other party.

In the event of termination and/or expiry of this Agreement, Skills Education may continue to provide the Event Content at their discretion.

18. Consequences of Termination

If this Agreement is terminated or expires for any reason, then, in addition and without prejudice to any other rights or remedies available:

The parties are immediately released from their obligations under the Agreement except those obligations in clauses 11 and 16 and any other obligations that, by their nature, survive termination;
Each party retains the rights and claims it has against the other; and
All outstanding Fees must be paid immediately.

19. Notices

The parties' contact details for notices under this Agreement are as set out in the Details section of this Agreement, or as otherwise notified by one party to the other from time to time.
All notices must be in writing and can be given by:
1. Registered post; or
2. Email.

20. General

The Presenter must not assign or otherwise deal in any other way with any of its rights under this Agreement without the prior written consent of Skills Education. Such consent of which will not be unreasonably withheld.
Nothing contained in this Agreement creates any relationship of partnership or agency between the parties.
If a provision of this Agreement is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
This Agreement (and any documents executed in connection with it) is the entire Agreement of the parties about its subject matter and supersedes all other representations, arrangements or agreements.
Other than as expressly set out in this Agreement, no party has relied on any representation made by or on behalf of the other.
This Agreement updates to reflect information as current on the Skills Education booking form.
A provision of or a right under this Agreement may not be waived or varied except in writing signed by the person to be bound.
This Agreement may be executed in counterparts which will be taken together to constitute one document.
This Agreement is governed by the laws of Queensland and each party submits to the jurisdiction of the courts of Queensland.

EXECUTED as an agreement on Presenter submission of, and Skills Education acceptance of, the Skills Education Booking Form.

- Updated 22.9.24

Agreed Terms

1. Defined terms & interpretation

Agreed Schedule of Fees

Agreed Schedule of Fees