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Terms and Conditions

The AISA and the Presenter agree that this Agreement (Presenter Agreement) sets out the terms and conditions of the presentation of the Topic by the Presenter at the Conference despite any prior agreements, prior offers, dealings or trade usage, or any terms communicated between the Parties.
By executing this Presenters Agreement and or an agreement referencing this agreement, the Presenter agrees to the terms of this agreement. 
Both Parties mutually agree as follows:

1. Services
(a) The Presenter agrees to, without charge to AISA or the Venue:
(i) attend the Conference;
(ii) appear, and present the Topic, at the Conference for the whole of the Appearance Duration, at the times and places and in a manner reasonably required by AISA and take questions from the Conference floor (Presentation); 
(iii) provide the Additional Services; 
(iv) if invited, participate in panel discussions and take questions from the Conference floor; and
(v) appear in and participate in other publicity (including without limitation making personal appearances, book signings and giving interviews) for the promotion of AISA, the Conference and or the Presentation, during the Conference Dates.
 (together the Services)
(b) AISA will provide the Presenter with a schedule related to the Services and provide reasonable notice of changes to the schedule of the Services. 
(c) Neither the Topic of the Presentation nor the Appearance Duration may be changed, altered, varied or otherwise amended without the prior written consent of AISA.  
(d) Any material to be presented, used or displayed during the Presentation (Presentation Material) or otherwise used in relation to the Services must be provided to AISA without cost to AISA and in accordance with any reasonable direction of AISA.
(e) The Presenter agrees and warrants that:
(i) the Presenter is appropriately qualified, competent, skilled, and experienced in the Topic and is qualified to give the Presentation and provide the Services;
(ii) neither the Services nor the Conference Material will contain any profanities,  offensive language, derogatory material or any other content which may, directly or indirectly, cause offence;
(iii) the Services will comply with any applicable legislation, relevant standards, industrial awards and agreements;
(iv) it will:
• render the Services personally, with the highest level of professionalism and with due care and skill;
• use their  best endeavours not to interfere with any of AISA’s activities, or the activities of any other person, on the Venue’s premises; and
• comply with all reasonable directions and applicable rules, regulations or policies of AISA and or the Venue.(f) The Presenter’s rights are non-exclusive. AISA reserves its rights to appoint or use other presenters and or present other material, regardless of whether those presenters or that material may compete with, be akin to, conflict with and or derogate or be at odds with the Presenter, their opinions or beliefs, the Topic and or rights granted to the Presenter. 

2. Cancellation
(a) The Presenter agrees and understands that AISA may immediately, without liability, cancel the Conference, the Services or downgrade the Services. 

3. Intellectual Property and Grant of rights
(a) Intellectual Property
(i) Each party retains its pre-existing Intellectual Property and nothing in this Agreement assigns or transfers the pre-existing Intellectual Property of one party to the other;
(ii) The Presenter grants to AISA, and AISA grants to the Presenter the right to use the other’s Mark or name in promoting, and referencing the Conference, including in electronic direct marketing materials, brochures, journals, catalogues, videos, DVDs, social media and websites;
(iii) The proposed use by the Presenter of AISA’s Mark is subject to prior approval, which is not to be unreasonably withheld or delayed;
(iv) Neither party may take any action that may damage the validity or value of, or challenge any registrations in respect of, the other party’s Intellectual Property;
(v) Title to Intellectual Property rights in relation to the Conference vests in the party creating it, upon creation.
(b) Conference Material 
(i) By providing to AISA or the Venue, or by presenting,  any material (in any format), presentations, PowerPoints, plans, specifications, photographs or any other material (Conference Material), the Presenter:
• warrants to AISA that the Conference Material is accurate and correct in all material respects and does not infringe upon the intellectual property rights of any third party including any copyright, patents, designs or trademarks, either registered or not, of any third party;
• warrants the Conference Material does not contain material that is inflammatory, incorrect, misleading or which may otherwise cause offence;
• licences to AISA the right to use, publicise, disburse and otherwise exploit the Conference Material for the purposes of the Conference and or for the benefit of AISA including, without limitation, in connection with the advertising, promotion and exploitation of the Conference and the Services. Such rights are granted on an irrevocable, perpetual, sub-licensable and royalty-free basis;(ii) the Presenter accepts sole responsibility for any Conference Material and the Presenter is responsible for the suitability of such Conference Material. (c) Recordings, Performers Rights and Moral Rights
(i) The Presenter acknowledges and accepts that:
Unless agreed in writing between the Parties AISA, the Venue or either of their representatives may photograph, film, tape or otherwise record the Presenter, the Presentation and or the Services, or part thereof, (Recording) and the Presenter consents to that Recording; 
• AISA, or the creator of the Recordings, owns all right, title and interest (including, without limitation, the copyright) in the Recordings;
• AISA, and any third party authorised by AISA, will be entitled to, irrevocably and without charge, use and authorise others to use the Presenters name (real and or professional), the Recordings, photographic and or drawn likeness and biography in connection with the advertising, promotion and exploitation of the Conference, AISA and the Services;
• AISA is entitled to fully exploit the Recordings and all versions, including making any amendments to or alternative versions of the Recordings, in all media now known or invented in the future, as AISA, its sole discretion, will determine and may grant similar rights to others.(d) The Presenter irrevocably waives any and all moral rights it may hold in the Recording, the Services and the Conference Material and agrees that AISA or its nominee may do any or all acts or omissions which would otherwise be an infringement of the Presenters moral rights, including as a performer.
(e) This clause survives termination of this Agreement.  

4. Warranties
(a) The warranties in this clause 4 are in addition to any other warranties in this Agreement. 
(b) The Presenter warrants and represents to AISA that:
(i) they are free to enter into this Agreement and that in doing so they are not infringing the rights of any third party;
(ii) they will fully perform all of their obligations under this Agreement and will cooperate with AISA to ensure continuing performance;
(iii) they will, at AISA’s request, execute all further documents which may reasonably be required by AISA to give effect to the terms and intent of this Agreement;
(iv) they will comply with all reasonable instructions and requests of AISA, the Venue or either of their authorised representatives, and abide by any rules and regulations made either by AISA or the Venue;
(v) AISA will not be required to make any payments of any nature for or in connection with the rendition of the Services or the acquisition, exercise or exploitation of rights acquired by AISA pursuant to this Agreement, except as specifically provided for in this Agreement;
(vi) it will not enter into any agreement inconsistent with AISA’s rights under this Agreement.

5. Confidential Information
(a) AISA and the Presenter must not use or disclose Confidential Information of the other party to any third party except as follows:
(i) with the prior written consent of the other party;
(ii) in compliance with the law, regulations or regulatory authorities;
(iii) as permitted or required under this Agreement, including to conduct legal proceedings in relation to this Agreement;
(iv) if the Confidential Information is or becomes public knowledge other than as a result of a breach of any obligation of confidence;
(v) if the Confidential Information was lawfully known to the recipient prior to entering into this Agreement; or
(vi) if the Confidential Information is or becomes available to the recipient from another person who is lawfully in possession of it and permitted to disclose it to the recipient on a non-confidential basis.
(vii) either AISA or the Presenter will, as soon as possible after receiving a written request from the other, return all Confidential Information in its possession or control, or certify its destruction.
(viii) at no stage will AISA provide the Presenter with lists or information regarding delegates who are registered to attend the Conference.
(b) This clause survives termination of this Agreement.  

6. Termination
(a) This Agreement may be terminated in the following circumstances:
(i) by AISA giving 30 days’ notice to the Presenter in writing, at the sole and absolute discretion of AISA under circumstance in which, in the opinion of AISA, it would not be in the interests of AISA or AISA members;
(ii) within 21 days of receiving written notice from AISA specifying the breach and requiring remedy, where the Presenter materially breaches this Agreement, and fails to remedy the breach to the satisfaction of AISA;
(iii) immediately, where:
• the Venue and or AISA suffer a Force Majeure event, by AISA giving immediate notice to the Presenter in writing;
• the Presenter by act or omission brings, or is capable of bringing, the Conference or AISA into disrepute; 
• the Presenter fails or refuses to observe a reasonable instruction or request by AISA or the Venue; 
• the Presenter breaches clause 6 of this Agreement; or
• AISA or the Presenter becomes insolvent or bankrupt and gives written notice to the other. 

7. Dispute Resolution
(a) If any dispute arising under this Agreement cannot be resolved within a reasonable time (as determined by AISA), AISA may refer the matter in dispute for determination by a suitably qualified expert appointed by the president or other senior officer of the institute or organization which in the reasonable opinion of AISA is best able to determine a fair and reasonable solution to the matter in question, including the issue of costs.
(b) The person so appointed will act as an expert and not as an arbitrator and the person’s determination will be final and binding on the parties. Nothing in this clause prevents either AISA or the Presenter from initiating legal proceedings to resolve a dispute as an alternative to expert determination.

8. Insurance
(a) AISA warrants to the Presenter that it has purchased and will maintain sufficient insurance to cover the risk of Loss and liability incumbent upon it under this Agreement, including but not limited to:
(i) Public liability, general property and employer’s liability insurance.
(b) The Presenter warrants that it has or will purchase and maintain sufficient insurance to cover the risk of Loss and liability incumbent upon it under this Agreement, including but not limited to:
(i) General property and employer’s liability insurance; and
(ii) Insuring AISA against any Loss as a result of any action or claim arising out of any act or default by the Presenter.

9.  Indemnity
(a) The Presenter occupies or uses the Venue at its own risk. The Venue and AISA will not be liable for or responsible to the Presenter or any other party, and the Presenter releases the Venue and AISA for all Loss howsoever arising and regardless of whether any claim be based in contract, tort, equity or otherwise, and whether for any Loss of life, personal injury, damage to or Loss of property, or Loss of business or economic Loss which may be suffered or sustained in or about the Venue or in the hosting of the Conference.
(b) Without limiting sub-section (a), AISA will not be liable for or responsible to the Presenter or any other party for:
(i) interruption, failure or variation to the supply of services to the Conference area or facilities; or
(ii) the postponement, delay, interruption, cancellation, suspension or termination of the Conference from any cause whatsoever.
(c) The Presenter must:
(i) Indemnify and hold harmless the Venue and AISA to the extent that any Loss is caused solely, or contributed to, by:
• a failure of the Presenter to perform or observe any term or condition of this Agreement, or any relevant Law; or
• any negligence of the Presenter, except to the extent of any negligence, wilful or deliberate act of the Venue and AISA their officers, employees, agents or contractors;
(ii) Use reasonable endeavours to mitigate any Loss; and
(iii) Not do or allow to be done anything which might increase any Loss or increase the risk of any Loss occurring.

10. Privacy and Data Breach
(a) If AISA or the Presenter obtains or is provided with Personal Information in connection with this Agreement or the Conference:
(i) it must handle the Personal Information in compliance with the provisions of applicable Privacy Law;
(ii) it may only use the Personal Information for the purpose for which it was provided in relation to the Conference, must keep it confidential and secure, and must destroy or de-identify it as soon as it is no longer needed in order to comply with this Agreement; and
(iii) AISA and the Presenter undertake to notify each other immediately upon becoming aware of an actual, suspected, apparent or anticipated breach of Personal Information, and to co-operate with one another and the relevant authorities in the event of a privacy or data breach, complaint or related requirement.
(b) The Presenter undertakes to familiarise itself with and to uphold AISA’s Privacy Policy and Legal Notices published in the AISA website.
(c) The Presenter must seek consent directly from the individual delegate to collect the Personal Information and the Presenter must comply with Privacy Laws in relation to the Personal Information collected from the Conference delegates.
(d) The Presenter acknowledges and agrees that AISA cannot and will not provide the Personal Information of delegates or other Conference attendees to Presenters for the purpose of direct or indirect marketing.
(e) This clause survives termination of this Agreement.  

11. General
(a) The relationship created by this Agreement is not that of principal and agent and no Presenter will represent themselves as agents of AISA, nor will a Presenter have the right or authority to bind AISA in any respect or for any purpose whatsoever.
(b) This Agreement constitutes the entire agreement between AISA and the Presenter. All other prior representations and statements are expressly excluded.
(c) No failure to exercise and no delay in exercising any right, power of remedy under the terms of this Agreement will operate as a waiver. Nor will any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.
(d) Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability but does not invalidate the remaining provisions of this Agreement nor affect the validity or enforceability of that provision in any other jurisdiction.
(e) The Presenter may not assign or otherwise transfer the benefits of this Agreement without the prior written consent of AISA, which consent can be withheld for any reason.
(f) This Agreement may only be varied by a document executed in Writing and Signed by the parties.
(g) If this Agreement consists of counterparts, each is an original and all of the counterparts together constitute the same document.
(h) Each party will bear its own costs in respect of the preparation and negotiation of this Agreement.
(i) If there is conflict between the Prospectus and this Agreement, then the provisions of this Agreement will prevail.
(j) Where anything depends on consent or approval then, unless the Agreement otherwise states, that consent or approval may be given conditionally or unconditionally or withheld, in the absolute discretion of AISA.
(k) Any notice, claim or other communication under or in connection with this Agreement must be in Writing and will be considered sufficiently served or given (without prejudice to any other mode of service) if sent to the address or email address specified in this Agreement, or to another address notified by the parties from time to time.
(l) This Agreement is governed by the Law of Victoria. The Victorian Courts are the agreed forum and have territorial jurisdiction.

A word defined in the Agreement will start with a capital letter. All headings are inserted for reference purposes only and must not affect the interpretation of the Agreement. Whenever “including” or “include”, or “excluding” or “exclude”, together with specific examples or items follow a term, they will not limit its ambit. Terms other than those defined within the Agreement will be given their plain English meaning. References to any enactment will be deemed to include references to the enactment as re-enacted, amended, or extended. A reference to a person includes a natural and juristic person and a reference to a party includes the party’s successors or permitted assigns. Unless otherwise stated in the Agreement, when any number of days is prescribed in the Agreement the first day will be excluded and the last day included. The rule of construction that an agreement must be interpreted against the party responsible for its drafting or preparation does not apply. GMT +10 will be used to calculate any times.
#CYBERCON2024 – means the Conference.
AISA Marks - means one or more of the business names, domain names, logos, service or other marks, including pay-off lines that AISA confirms may be considered an AISA Mark for the purposes of this Agreement.
Confidential Information - means any information of a party (including information regarding its business, operations, customers, contracts, officers, employees, agents or contractors, technology, know-how, systems, strategies, legal affairs, products or services, regardless of the form of the information) of which the other party becomes, or may become, aware in connection with this Agreement, and which is marked confidential or should in the circumstances reasonably be considered as confidential. AISA’s Confidential Information includes the names and details of AISA’s current, past or prospective members, presenters and its Partner databases.
Force Majeure - means an act of God or the public enemy, flood, earthquake, storm, cyclone, fire, explosion, epidemic, pandemic, war, embargo, riot or civil disturbance, labour disputes or industrial action, sabotage, large scale Information Communication Technology failure affecting national infrastructure, confiscation or requisitioning of facilities, or court order.
GST - means the Goods and Services Tax imposed under A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended or replaced from time to time.
Intellectual Property - means copyright, registered or unregistered trademarks, patents, registered designs, confidential information, trade secrets, know-how, domain names and social media pages.
Loss - means losses, damages, costs, claims, demands, writs, summonses, actions, suits, proceedings, judgments, orders, decrees, expenses and damages of any nature whatsoever including indirect, consequential, special, punitive or exemplary damages and damages for loss of anticipated profit, revenue, contract, opportunity or goodwill.
Partner – means Sponsor for the purposes of the General Terms and Conditions of this Agreement.
Personal Information - has the meaning in the Privacy Act 1988 (Cth).
Presenter - means the person named as a Presenter in this Agreement.
Presenter Marks - means one or more of the business names, domain names, logos, service or other marks, including pay-off lines that the Sponsor confirms may be considered a Sponsor Mark for the purposes of this Agreement.
Privacy Laws - means the Privacy Act 1988 (Cth), Privacy and Data Protection Act 2014 (Vic), Health Records Act 2001 (Vic), the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), and any other law from time to time relating to privacy, data protection, surveillance, direct marketing, data security or the handling of Personal Information.
Tax – means any applicable tax, GST, duty, tariff, rate, levy; or other governmental charge or expense payable.
Writing - means any mode of reproducing information or data in physical form and includes hard copy printouts, handwritten documents, fax transmissions, but excludes information or data in electronic form.