4.1.3 it shall not disclose the confidential information of the disclosing party to any employee, consultant, professional adviser, contractor or sub-contractor or agent of the receiving party (collectively referred to herein as "representative") or an affiliate of the receiving party, nor shall they be given access thereto by the receiving party - Your email address will not be published. [15] The separate restraint agreement includes restraint of trade, confidentiality and non-solicitation clauses. In other words, there should be a template readily at hand at all times. The protected company information commonly refers to trade secrets, customer lists, and any other protected data. CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT entered into between Cee Vee Transport Consultants SA (Pty) Ltd Registration number 2013/037841/07 Of 5 Sardine Drive, Pennington, 4184, South Africa (hereinafter referred to as “the First Disclosing Party”) And Registration number _____ Whether you are a start-up, or an established business, entering into Non-disclosure and Confidentiality Agreements with third parties are indispensable. Click here or on the picture below to download a free Non-disclosure and Confidentiality Agreement for your company. Every company has its own trade secrets and confidential information. Employees cannot contract out of right to disclose salary information By Lauren Salt, Associate, Employment, Cliffe Dekker Hofmeyr Employees are often contractually prohibited from disclosing the details of their remuneration to any person, including colleagues. Letter of Agreement Master Professional Services Agreement Template PRO. The Agreement does not create a partnership or joint venture between Company and Employee. The sole purpose of the employee non-disclosure agreement is to make clear to an employee that he or she may not disclose your trade secrets without permission. Confidentiality Agreement (South Africa) Customize a Confidentiality Agreement Legal Form now! Unlimited Downloads of 100,000+ Ready-Made, Designs, Documents & Templates Similar Templates. In South Africa, rights are acquired to various categories of intellectual property (IP) either by registration or under common law use. ... entered into Confidentiality and Non-Disclosure Agreements. Subject to the Exceptions section, the provisions of this undertaking will remain in force indefinitely. When the company hires someone to work for them, the person who is hired gets access to the trade secrets of the company. A non-disclosure agreement (NDA) is a binding contract that requires an individual or company, known as the “Recipient”, to withhold confidential information from being released to any 3rd party or becoming public. B. Non-partner. The Employee acknowledges that a breach of any of the provisions contained herein would cause the Company to suffer loss which could not adequately be compensated for by damages and that the Company may, in addition to any other remedy or relief, enforce the performance of this undertaking by interim interdict or specific performance upon application to a court of competent jurisdiction without proof of actual or special damages and notwithstanding that in any particular case damages may readily be quantifiable, and the Employee will not plead sufficiency of damages as a defence in the proceeding for such interim relief. Non-disclosure agreements are a necessity for companies that want to protect their intellectual property. An employee non-solicitation agreement often extends to also include a no compete clause. Once all the information has been filled in, the Non-disclosure agreement would need to be printed on non-judicial stamp paper or e-stamp paper where such e-stamp paper is available in certain states. 3.1.4 to limit any disclosure of such Confidential Information only to those of its employees and professional advisors who have a specific need –to- know to access such Confidential Information and either entered into a written agreement which impose, or … This Non-Disclosure Agreement (the “Agreement”) is made and entered into as of the later of the two signature dates below by and between Donn Milton Edwards, trading as “Black and White Inc”, (“Black and White Inc”), and ___________________________________________________ (“Company”). The value of the stamp paper would depend on the state in which it is executed. The Employee has been, or is to be, employed by the Company to perform various services for the Company. Preamble 2.1 The purpose of this agreement is 3. This type of agreement is common in workplaces when a company is fearful that an employee may leave and work for a competitor and share the trade secrets they’ve … Postal Address Private Bag X1, Matieland, 7602, South Africa The Employee bears the onus of proving that this exception applies. NON-DISCLOSURE AGREEMENT. Free template confidentiality agreements. Required fields are marked *. If the agreement is with a current employee, we recommend that you give the employee something of value over and … info@ideanav.co.za, © var d=new Date();document.write(d.getFullYear()); Intangible Consulting (Pty) Ltd, Confidentiality – employee upon termination, Confidentiality – project collaboration (i.f.o discloser), Confidentiality – project collaboration (i.f.o recipient), Confidentiality – contractor (i.f.o discloser), Confidentiality – project collaboration (patented), Confidentiality and Assignment – developer, Audi makes great cars. South Africa, T +27 (0)11 483 1439 STELLENBOSCH UNIVERSITY . 2. The applicant does not rely on these agreements in support of the relief claimed and it is not necessary to consider the contents thereof. The employee non-disclosure agreement is a contract that allows an employer to protect themselves by prohibiting the employee to reveal company information. A non-compete agreement is usually signed at the same time as a non-disclosure agreement which bars the employee … A Confidentiality (or Non-Disclosure) Agreement is used when one party shares private information with another party, and wishes to restrict the receiving party's use of this information so it is not made public. Companies will often express interest in protecting their confidential information and proprietary data when entering a new business relationship with any entity at the time of hiring. Our free template confidentiality agreements have been upgraded. Physical Address Administration Building B, Victoria Street, Stellenbosch, South Africa . Non-contract. The Employee Non-Disclosure Agreement is a standard contract used with new hires. Lawyers recommend that employers use such agreements prior to an employee starting work. IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) REPUBLIC OF SOUTH AFRICA. So, there’s no need to draw attention to a restricted expertise in the region, say for example, marketing or teaching. A clause to this effect is often found in employment contracts. Each company should have a Non-disclosure and Confidentiality Agreement as part of its daily stationary. WEB CONTRACT NON-DISCLOSURE AGREEMENT RF.pdf The obligations set out in this undertaking do not apply to information which is in fact lawfully in the public domain at the Commencement Date or lawfully comes into the public domain after the Commencement Date otherwise than as a result of the conduct of the Employee. The Employee acknowledges that all right, title and interest in and to the Confidential Information vests in the Company and that the Employee … Oaklands To conclude a non-disclosure agreement, you now need only to: select one of our 10 template NDAs; complete the NDA online; print; and; sign it! No failure or delay on the part of the Company in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The Agreement does not constitute a contract of employment, nor does it guarantee continuing employment for the Employee. Your email address will not be published. This agreement regulates use and disclosure of Confidential Information by the Employee and is in addition to any other obligations (including specific obligations of confidentiality and restraint(s)) accepted by the Employee in favour of the Company. The Employee may not divulge or permit to be divulged to any person any aspect of the Confidential Information, save as may be authorised in writing by the Company or as may have been contemplated by the Parties and is necessary for the purpose of performing the Employee’s services in terms of the Employee’s contract of employment. Audi is also really good at, It’s so tempting to join something viral; learn a new, After about two years, GlobalIPCo already has more than 3,500, OPTIONS Traditional option: Email the required information and documents to, Protect your App using a combination of Patents, Trademarks and. Everything you need about a non-disclosure agreement is found on this template. 3.6. ... Meeting Confidentiality Agreement (Non-Disclosure) ... a formal Release document may also include an undertaking whereby the executive/employee is to refrain from disclosing certain Confidential Information. CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT . The Company has in its possession certain Confidential Information that the Company may disclose to the Employee, or that the Employee may be exposed to during the Employee’s employment with the Company. Any documents and/or material embodying Confidential Information which comes into the possession of the Employee or that may be generated by the Employee in the performance of the Employee’s contract of employment shall (unless the Company provides its written consent to the contrary): be deemed to form part of the Confidential Information of the Company and be subject to the provisions of this undertaking; be deemed to be the property of the Company; not be copied, reproduced, published or circulated by the Employee other than for those purposes contemplated by the Parties and only insofar as is necessary for the Employee to perform the services in terms of the Employee’s contract of employment; and. Download a Free Non-disclosure and Confidentiality Agreement Posted on May 8, 2017 May 8, 2017 by Business SA Whether you are a start-up, or an established business, entering into Non-disclosure and Confidentiality Agreements with third parties are indispensable. In the event that any of the provisions of this agreement are found to be invalid, unlawful, or unenforceable such terms will be severable from the remaining terms, which will continue to be valid and enforceable. Non-disclosure Agreement When parties enter into an agreement, confidentiality may be required. _______________________________________ Under such circumstances, the Receiving Party shall require those employees and representatives as shall have access to such Confidential Material to sign a Confidentiality and Non-Disclosure Agreement, unless they have already done so, confirming they will only utilise Confidential Material for the purposes defined above and will not divulge such Confidential Material to … It is important for companies to consider having similar agreements in place with consultants, independent contractors etc., should they have access to a company's clients and/or confidential trade information. There are lots of situations where you might want to disclose information that is private, valuable or both. be surrendered to the Company on demand, and in any event on termination of the Employee’s contract of employment. A Non Disclosure Agreement (generally abbreviated as NDA) is a legal document – a contract – which is signed between two parties. The Employee will abide by all the rules and procedures of the Company designed to protect its Confidential Information and shall take all such reasonable steps to prevent the Confidential Information falling into the hands of an unauthorised third party. Being a mutual agreement, both sides agree to the same terms of disclosure, but not necessarily the disclosure of the same information. The Employee acknowledges that all right, title and interest in and to the Confidential Information vests in the Company and that the Employee has no claim of any nature in and to the Confidential Information. Any financial arrangements made between both Parties shall not be Sharing your business or trade secrets, details of your products, processes, methodologies, frameworks, models, manuals, software, reports, research, techniques, the identity and business of customers, business accounts, finance, contractual arrangements or other dealings with a third party, without having assurance that the sharing of such information would not be abused, is critical. Jurisdiction. This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enables parties to explore the possibilities for a deal before signing an agreement that covers the terms. CASE NUMBER: 21838/2015. T +27 (0)11 483 3128 (alt.) F +27 (0)86 627 0055 Confidentiality agreement template south africa “You’re able to benefit from your value proposition that is distinctive to win. A Confidentiality Agreement (or Non-Disclosure Agreement) is a legal document created between two parties that wish to share confidential information between them, while legally forbidding either party to disclose the information to any other person or entity. The pertinent extracts are the following: “The Vital Aire employee undertakes that she shall not, during this agreement and for a period of two years after the termination of the agreement for any reason whatsoever, be NON-DISCLOSURE. 9 Kruger St C +27 (0)83 233 4582 The Employee undertakes to maintain the confidentiality of any Confidential Information to which the Employee may gain or have gained access whether before or after the Commencement Date, and whether intentionally disclosed or inadvertently made available or exposed to the Employee by the Company. Non-Disclosure Agreement Page 3 of 7 2.2 The Receiving Party will only use the Confidential Information for the sole purpose of technical and commercial discussions between the parties in relation to the Proposal or for the subsequent performance of any contract between the parties in relation to the Proposal. Johannesburg between . non-disclosure agreement This Non-Disclosure Agreement (hereinafter the “Agreement”) is made and entered into on May 4, 2005 by and between the Affiliated Companies, which included but are not limited to, Silver Valley Capital, Sterling Mining Company, Kimberly Gold Mines, Inc. Shoshone Silver Mining Company (hereinafter the “Company”), and Michael L. Mooney (hereinafter “Employee… Employee, Save up to 70% on patent renewal fees / annuities by paying them online, Intangible Consulting (Pty) Ltd. No amendment, alteration, addition, variation or consensual cancellation of this undertaking will be valid unless in writing and signed by the Parties. You can use this confidentiality agreement to prevent the… Download now and avail this top-notch template! This agreement (“Agreement”) is entered into as of the date first written below (the “Effective ... employees, advisors and consultants. This agreement regulates use and disclosure of Confidential Information by the Employee and is in addition to any other obligations (including specific obligations of confidentiality and restraint(s)) accepted by the Employee in favour of the Company. No waiver of any of the terms or conditions of this undertaking will be binding for any purpose unless expressed in writing and signed by the Company and any such waiver will be effective only in the specific instance and for the purpose given. South African Confidentiality Agreement. This agreement ensures such confidentiality and is usually signed prior to entering into the main agreement. A. According to the terms and conditions laid down in an agreement sample , the document disallows the parties to share, disclose, reveal or impart any of the information that has been discussed between the concerned parties – the matter could be … SIGNED AT___________________________THIS________DAY OF___________________20______ 1.1 The Parties to the agreement are: 1.1.1 (“First Party”); 1.1.2 (“Second Party”); and 1.1.3 employees and/or agents acting on behalf of the Parties. The Employee shall not use or attempt to use the Confidential Information for any purpose other than for those purposes authorized in writing by the Company or as may have been contemplated by the Parties and only insofar as is necessary for the Employee to perform the services in terms of the Employee’s contract of employment and, in any event, the Employee will not use or attempt to use the Confidential Information: (i) in any manner that will cause or be likely to cause injury or loss to the Company; and/or (ii) to compete with the Company. Much of the time, the party (whether a business or individual) to whom you divulge will be in a situation to be able to benefit from the using the information (perhaps in direct competition against you) or the passing of it on to someone else. The non-solicitation restriction can be two-fold: Its own trade secrets and confidential information ) either by registration or under common law use Master Professional Agreement. 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