2

Agreement

between

THE AUSTRALIAN INSTITUTE OF BUILDING SURVEYORS

AND

THE AUSTRALIAN INSTITUTE OF BUILDING

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THIS AGREEMENT is made between the

BETWEEN: / The australian institute of buildinG surveyors (“AIBS”) ABN: 53 004 540 836
Ground Floor 71 Ridge Street
GORDON NSW 2072
AND / AUSTRALIAN INSTITUTE OF BUILDING
(“AIB” ABN 38 794 377 472)
217 Northbourne Avenue
Turner ACT 2607

RECITALS:

A.  The AIB will license the trademark “Chartered Building Surveyor” to the National Building Professionals Register;

B.  The AIBS unreservedly supports the application of the AIB to licence the trademark “Chartered Building Surveyor”;

C.  The AIBS will be responsible, in conjunction with the AIB in authorising which individuals registered at Level 1 of the Building Control category of the National Building Professionals Register are eligible to the title “Chartered Building Surveyor”; and

D.  The AIB shall not unilaterally award the title “Chartered Building Surveyor” to any individual whilst the AIBS remains committed to the National Building Professionals Register, nor without AIBS approval during the term of this agreement.

1.  INTERPRETATION

1.1  In this Agreement including the recitals the following expressions shall have the following meanings unless inconsistent with the context:

"NBPR" means the National Building Professionals Register;

"Chartered Building Surveyor" means the trademark registered to the AIB.

2.  AGREEMENT

2.1  The AIB and AIBS agree to participate in the assessment and approval of eligible building practitioners to the highest level 1 of the category of building control in the National Building Professionals Register.

2.2  The AIB will:

(a)  Grant in perpetuity a license for the sole use of the trademark “Chartered Building Surveyor” to the NBPR;

(b)  Grant in perpetuity to the AIBS authority to assess and award the trademark “Chartered Building Surveyor” through the NBPR in conjunction with the AIB;

(c)  Maintain the NBPR database and website and ensure both are kept up to date and accurate at all times;

(d)  Treat in confidence (except as may be required by a State, Territory, or Commonwealth regulator) information obtained or provided in the course of negotiating, or monitoring the arrangements covered in this Agreement and not divulge that information to other parties without prior written consent of the AIBS; and

(e)  Strictly comply with all privacy laws in respect of information it collects in relation to the Organisation’s customers.

2.3  AIBS will:

(a)  Provide assessment and accreditation services to the NBPR for the purpose of award of the trademark “Chartered Building Surveyor” to those eligible practitioners at the Level 1 of the Building Control category of the NBPR;

(b)  Ensure the NBPR is provided with the current assessment and credentialing information to enable interested registrants to be fully informed of the process and requirements;

(c)  Treat in confidence (except as may be required by a State, Territory, or Commonwealth regulator) information obtained or provided in the course of negotiating, or monitoring the Program and undertaking not to divulge that information to any other parties without prior written consent from the Organisation unless required to do so by law;

(d)  Strictly comply with all privacy laws in respect of information it collects in relation to the Organisation’s customers.

3.  RELATIONSHIP BETWEEN THE PARTIES

3.1  Neither party shall represent itself as the agent or authorised representative of the other party AIB for any purpose whatsoever.

3.2  Nothing contained in this Agreement shall be construed to constitute the AIBS and AIB as partners or as joint venturers.

3.3  Neither Party may transfer or assign its rights under this agreement to any person(s) or corporation without the prior written consent of the other Party.

4.  FINANCIAL ARRANGEMENTS

4.1  All costs associated with the maintenance of the trademark “Chartered Building Surveyor” will be covered by the AIB;

4.2  Approved applicants for the use of the trademark “Chartered Building Surveyor” will be required to pay to the NBPR a prescribed annual fee (including GST) which is to be set annually in agreement between both parties;

4.3  All revenue from the annual fee will be collected by the NBPR and used for operational and marketing purposes; and

5.  ALTERATION TO THE AGREEMENT

5.1  Should the AIBS advise the AIB that it can no longer provide the assessment and accreditation services to the NBPR, the AIB reserves the right to seek out alternate service providers and this agreement would be terminated.

6.  TITLE AND RELATED RIGHTS

6.1  The AIBS agrees that they shall not claim any title or right to the AIB’s intellectual property contained within the NBPR or any variations thereof.

7.  STANDARDS AND MAINTENANCE OF QUALITY

7.1  The AIBS and AIB shall take all reasonable steps to ensure that the delivery and assessment of the NBPR is of a high quality and standard

8.  SEVERABILITY

8.1  If any provision of this Agreement shall be construed to be illegal or invalid it shall not affect the legality, validity and enforceability of any provision of this Agreement.

EXECUTED for and on behalf of the Australian Institute of Building / )
ABN 38 794 377 472 / )
By Robert Gordon WHITTAKER FAIB National President of the AIB / )
in the presence of:
Witness

______

EXECUTED for and on behalf of THE AUSTRALIAN INSTITUTE OF BUILDING SURVEYORS / )
ABN: 53 004 540 836 / )
by Jeffrey BROOKS FAIBS / )
National President of the AIBS
in the presence of:
Witness

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