Confidentiality and Non-Disclsoure Template Updates

March 2013

When contracting in the course of business it is essential that all parties concerned ensure that their interests and their assets are fully protected.

When dealing with sensitive business information or trade secrets, confidentiality agreements – also known as non-disclosure agreements – are a valuable tool. Non-disclosure agreements will ensure that all parties concerned know exactly what can and cannot be done with such valuable information. The recipient of such information should know precisely the limits within which they may use it and should be fully aware of the consequences of using it beyond those limits.

In some transactions, one party may act as a middle-man – providing services which will result in a contract between two other parties. In such situations there is the inevitable risk that the other two parties may simply exclude that middle-man – depriving them of the benefit due to them for their services. Non-circumvention clauses are designed to protect such parties against this eventuality.

New Non-Circumvention Agreement

Simply-Docs has now published a new Introducer’s Non-Circumvention Agreement. This document builds on the provisions of our existing Introducer's Agreement with comprehensive new non-circumvention provisions.

As an introducer agreement, this Introducer's Non-Circumvention Agreement functions in situations where one party wishes to establish a contract with a new client, perhaps in a new market or a new region.

This document is structured around the establishment of an on-going business relationship and is designed for use in situations whereby a series of separate transactions between one party (e.g. a supplier) and a client will ultimately constitute an on-going business relationship (the number of transactions can be determined within the agreement).

Updated Confidentiality and Non-Disclosure Agreements

Simply-Docs has long offered a wide range of Confidentiality and Non-Disclosure Agreements and two sets of these have now received updates. All updated documents now benefit from new standard contract clauses (also known as “boilerplate clauses”) which strengthen them from a legal point of view and have the added benefit of bringing more clarity and certainty for the parties involved when considering their respective rights and obligations.

All updated documents have also received a new, comprehensive dispute resolution clause. This clause provides a range of options for resolving disputes between the parties that should be considered before court action. Dispute resolution options include good faith negotiations, an agreed ADR procedure, and arbitration. Please note that suitable legal advice should always be sought in the event of a contractual dispute.

The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.

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