CAED BIM Trainer Policy-Without Prejudice (Do read & scroll down to the end)

 

A. DEFINITIONS
1. The Training Programme
The Training Programme means The Advanced Skill Training in Building Information Management and Modeling Technology Programme or any other programme accepted by the Trainer under this Agreement.

2. Course Outline
Course Outline is a document containing information about a course, stating its audience, goals and issues which are covered during the course.

3. Trainer(s)/CAED BIM Trainer(s)
The Trainer(s) is/are the person(s) providing a course.

4. CAED Heritage Sdn Bhd (or CAED)
CAED Heritage Sdn Bhd. (https://www.caedheritage.com)

5. The Management
The management team appointed to administer the ABT Training Programme under the Memorandum of Agreement with the Client.

6. Customer(Client/Programme Participant)
The Customer/Client/Programme Participant is a person or an organisation to whom the course is provided.

7. Training Material(s)
Training Material refers to the draft and/or approved materials (pre-course reading, on course presentation slides, assignment sheets, quiz form, test, exam sheets) for distribution to the Customer.

B. THIS AGREEMENT AND PARTIES
This Agreement is made between CAED Heritage Sdn Bhd and the CAED BIM Trainer. No change to this Agreement or terms shall be binding unless agreed in writing by CAED Heritage Sdn Bhd.

C. PROVIDING COURSES

1. Trainer's Remuneration
Trainer's remuneration is usually expressed as a daily rate for a specific course. In most cases, the daily rate is negotiated with the Trainer for each course individually and/or based on the Standard Rate for Trainer approved by the Management/Client.
Remuneration is paid 30 days after the last day of the course.

2. Training Materials
The training materials can be provided by:

a) CAED Heritage Sdn Bhd, from CAED Training Material Repository
b) A Third Party
c) The Trainer

CAED Training Material Repository
All the training material are copyright reserved of CAED Heritage Sdn Bhd. and only can be used by the CAED BIM Trainer. To use the training materials, the Trainer can download the materials, update, edit the material based on the latest related data and information and add new data and information. All the updated training material shall be uploaded into the repository, and the Trainer will sign as co-author of the material.

Training material from 'A Third Party' and 'The Trainer.'
Observation of intellectual property and copyright of the training material is crucial for all the trainers. The trainers must adequately cite any third party training material (image, data, text paragraph, presentation slides,
webpages, audio, video, et cetera).

3. Peer Review
All revised/updated/new training material must be uploaded into the CAED Training Material Repository for peer review before distribution to the programme participant(s).

4. Quality Control New Trainers
All trainers who have worked previously for CAED or have completed the CAED BIM Trainer programme organised by UCTS-CAED or are known to the Directors are deemed to have met our quality controls requirements unless informed by us in writing. All other trainers will be required to complete our registration process and submit a Trainer Application Form (available on the CAED web site). All new trainers are needed to complete the CAED BIM Trainer's programme and only on satisfactory completion will the Trainer be permitted to carry out services on behalf of CAED.
If you are a new trainer, we may ask you to prepare a short presentation for our internal group as co-trainer, or you will start with a course for our internal people.

5. Trainer's Responsibility and Accountability
It is the responsibility of the Trainer to make CAED aware if there is any reason that they are constrained by law or for any other reason from discharging agreed services for a particular Customer and/or at a particular location. Before the programme starts, the Trainer is required to issue Pre-Course Reading Material. On the start date of the course, the Trainer shall distribute the Pre-Course Survey Form to the Customer and collect back all the form
before starting the session. After each training session that has been conducted, we ask our Customer to fill out the session evaluation form, and after the completion of the entire programme, customers to fill out the Post- Course Survey Form. All the feedback forms will be used for post-mortem training. The training evaluation form is available at the CAED Training Survey Form. If the average of results in the trainer section of the form is unsatisfactory, we will investigate the cause of Customer's dissatisfaction. Suppose the cause of Customer's dissatisfaction is related to the poor quality of the Trainer's preparation or lack of knowledge. In that case, we can renegotiate the Trainers remuneration down to 30% of the previously agreed amount.

D. NEW COURSE OUTLINES

1. Submitting New Course Outlines
You can create course outlines at any time.

2. Copyrights to a Course Outline
By submitting a course outline, you agree to lease it to us, free of charge, but you keep all rights to it, including copyright and moral rights. Your name will be shown in the course document as the main author.

3. CAED Moderators and Your Course Outline
If CAED or one of other Trainers make some amendments and you do not object to them, CAED or a Trainer will own the copyrights to the changes and their name will be shown in the course document as the co-author. You cannot reproduce or use the modified outline(s) without written permission from CAED.

4. Course Outlines and Training Provision

We will ask you, as the author of the course, in the first instance, to provide the training. If you cannot or do not want to provide the course, with your Agreement, one of the other CAED Trainers will provide the course.

5. No Third Parties Or Recruitment Agencies
We will not accept registrations from recruitment agencies or third parties working on behalf of the Trainer. These registrations will be immediately removed for reasons of breaching CAED BIM Trainer policies.

E. COMPETITION AGREEMENT
The Trainer (and any other parties introduced by the Customer to CAED Heritage Sdn Bhd representatives directly or indirectly) will not, under any circumstances, conduct any direct negotiations with Customer representative (or parties introduced by them directly or indirectly) in respect of this or any other planned work without prior approval in writing from CAED Heritage Sdn Bhd. Any loss of actual or future business resulting from such negotiations will be charged to the Trainer at a rate of RM1000 per day for each man day of lost business or at the value of the lost business whichever is greater. This clause doesn't exclude charging the Customer according to Terms and Conditions.

F. TERMINATION AND ITS CONSEQUENCES
Notwithstanding of Article 9 above mentioned the parties hereto may terminate this Agreement by serving one hundred and twenty (120) calendar days notice to the other party. Termination, suspension, or expiration of this Agreement shall not relieve the Trainer of its obligation under this Agreement. It shall not excuse CAED from paying any fees or other charges owing to the Trainer. If this Agreement is terminated, both parties as a result of this Agreement to take appropriate action to ensure the existing participant/s of the Training Programme be able to complete the study and examinations.

G. SOLICITATION
Until six months after completion of the Training Event or termination of the Agreement, whichever is later, neither party (unless agreed otherwise in writing) will solicit the employment or services of any personnel of the other party who has been engaged in connection with the Agreement. Liquidated damages for breach of this provision will be equal to the gross salary or fees of that person for the first six months of his new employment or service contract, or a lump sum demand by the Management on case to case basis.

Please note:
The trainer's terms and conditions may be updated from time to time and you will be notified about this via email.

H. LIMITATION OF LIABILITY
CAED Heritage Sdn Bhd shall have no liability at any time for any direct or indirect losses arising out of the negligence or other conduct of trainers acting on its behalf (including liability for death or personal injury), breach of contract or any other cause of action arising out of or in connection with the conduct of trainers this. CAED shall not be liable for any indirect or consequential loss whether arising from negligence, breach of contract or otherwise.

I. TRAINING FACILITY & SOFTWARE
1. Hardware and Software facilities
The Trainer is required to own for his commercial training use,

a. Laptop complete with visual camera and audio and meets the recommended hardware requirement for the Software
 

b. Software

• Microsoft Office (OEM)- Powerpoint software

• ArCADia BIM / IntelliSoft IntelliCAD / nanoCAD (commercial license copy purchased through CAED Website)

• PAINT 3D (Freeware) or other image editor software

• PDF viewer software (Freeware)

• ArCADia 3D Viewer (Freeware)

• Microsoft Office (OEM) or ArCADia TEXT (Freeware)

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2. This Site (http://www.caedheritage.com) is a functional BIM Training website. Each trainer should familiarise him/herself on the tools provided on this website for training use. The full description of how to use the website for training can be viewed in the repository or you may contact us via email at admin@caedheritage.com fix a date for the online briefing session.

I. MUTUAL AGREEMENT
In entering into this Agreement, CAED and the Trainer recognise that it is impracticable to make provisions for each and every contingency that may arise in the course of the performance thereof, whereby both parties hereto shall at all times exercise their rights, powers and discretions in good faith, fairness and without detriment to the interest of both parties hereto and shall use their best endeavours to support and implement all reasonable proposals or request by each other from time to time to ensure that full effect is given to the terms and conditions of this Agreement in the spirit in which it was agreed.

By clicking the 'Read & Understood' is deemed that you have read and understood to the BIM Trainer Policy stated herein. 

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Updated 17 December 2020