Non-Disclosure Agreement ( NDA ) and Non-Compete Agreement
Non-Disclosure Agreement ( NDA )
Disclosing Party is Tech Automation.
Receiving Party mean who ever has read this document and submitting the digital agreement.
1. PURPOSE
The Disclosing Party intends to disclose certain confidential and proprietary information about their business and their customers to the Receiving Party. Receiving party would be receiving information for purposes like providing white label service, consulting, and any other services.
2. DEFINITION OF CONFIDENTIAL INFORMATION
For the purposes of this Agreement, “Confidential Information” shall include, but not be limited to, the following:
Business plans, strategies, and operations, Technical data, inventions, formulas, processes, designs, or software, Financial information, projections, and forecasts, Marketing and customer data.
3. OBLIGATIONS OF THE RECEIVING PARTY
The Receiving Party agrees to:
Maintain the Confidential Information in strict confidence.
Not disclose the Confidential Information to any third party without the prior written consent of the Disclosing Party.
Use the Confidential Information only for the purposes stated in this Agreement.
Act as a whitelabel provider of Tech Automation
Cannot disclose their company and contact details to customers that has been introduced by Tech Automation.
4. EXCLUSIONS FROM CONFIDENTIAL INFORMATION
The obligations of confidentiality do not apply to any information that:
Is or becomes publicly available through no breach of this Agreement.
Was known by the Receiving Party prior to disclosure by the Disclosing Party.
Is disclosed to the Receiving Party by a third party without breach of any obligation of confidentiality.
Is independently developed by the Receiving Party without use of the Confidential Information.
5. TERM OF AGREEMENT
This agreement will be valid until Tech Automation provides a written notice to Receiving Party that the agreement is no longer valid.
6. RETURN OF MATERIALS
Upon the termination of this Agreement, the Receiving Party shall return or destroy all materials containing Confidential Information.
7. NO LICENSE
Nothing in this Agreement grants the Receiving Party any rights or licenses to the Disclosing Party’s Confidential Information, except as expressly stated in this Agreement.
Receiving Party will never contact Disclosing Party's directly or indirectly through other sources, relationships or any other means.
Receiving Party will never provide information about Disclosing Party's to anyone - not limited to friends, family, business partners.
8. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Australia, New South Wales.
9. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties and supersedes all prior or contemporaneous communications, whether written or oral, relating to the subject matter hereof.
10. ENFORCEMENT AND REMEDIES
The Receiving Party acknowledges that a violation of this Agreement would cause significant harm to the Receiving Party, and agrees that the Receiving Party may seek injunctive relief, in addition to any other legal remedies, to prevent or stop a violation of this Agreement.
The Employee further agrees to pay all attorney fees and costs incurred by the Employer in enforcing this Agreement.
Non Compete Agreement
Employer means Tech Automation
Employee mean who ever has read this document and submitting the digital agreement
1. PURPOSE
The purpose of this Agreement is to set forth the terms and conditions under which the Employee/Contractors/Freelancers etc agrees not to compete with the Employer’s business during and after the term of employment.
2. NON-COMPETE OBLIGATION
The Employee agrees that, for any reason, the Employee will not, directly or indirectly, engage in any of the following activities:
Competing with the Employer’s business.
Provides Employer's information or their customer's information to other businesses.
Soliciting or attempting to solicit any of the Employer’s clients, customers, or employees.
3. SCOPE AND REASONABLENESS OF RESTRICTIONS
The Employee agrees that the restrictions imposed by this Agreement are reasonable in scope and duration to protect the legitimate business interests of the Employer.
4. EXCLUSIONS FROM NON-COMPETE
The restrictions under this Agreement do not apply if the Employee’s termination of employment is due to:
Employer’s breach of the employment agreement.
Employee’s involuntary termination, unless for cause.
Other exceptions that may be mutually agreed upon in writing.
5. NO SOLICITATION OF EMPLOYEES
The Employee agrees that during the term of employment, the Employee will not solicit or hire any employees of the Employer, or encourage them to leave the Employer.
6. CONFIDENTIALITY AND NON-DISCLOSURE
The Employee acknowledges that during the course of employment, they will have access to confidential and proprietary information belonging to the Employer. The Employee agrees to maintain the confidentiality of such information both during and after the termination of employment.
7. ENFORCEMENT AND REMEDIES
The Employee acknowledges that a violation of this Agreement would cause significant harm to the Employer, and agrees that the Employer may seek injunctive relief, in addition to any other legal remedies, to prevent or stop a violation of this Agreement.
The Employee further agrees to pay all attorney fees and costs incurred by the Employer in enforcing this Agreement.
8. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Sydney, Australia.
9. SEVERABILITY
If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will remain in effect, and the invalid provision will be replaced with a valid one that best reflects the original intent.
10. ENTIRE AGREEMENT
This agreement will be valid until Tech Automation provides a written notice to Receiving Party that the agreement is no longer valid.