Australian business owners, protect your company's sensitive business information - have all of your outside consultants sign this Australia Confidentiality Agreement for Consultant.
- The consultant should sign the Agreement before they are allowed access to your premises, business records, proprietary processes, trade secrets and other confidential information.
- The consultant agrees to keep all such information confidential and not to disclose, use, copy or transfer any such information or materials without permission from the company.
- The consultant may not use or make mention of any of the trade marks or other business marks of the company for any purpose other than the performance of its duties.
- The company is entitled to injunctive relief in the event of a breach or threatened breach by the consultant.This Australia Confidentiality Agreement for Consultant template is provided in MS Word format and is fully editable.
CONFIDENTIALITY AGREEMENT THIS AGREEMENT made effective as of the _____ day of ______________, _______. BETWEEN: [NAME OF COMPANY] [address] a body corporate, having its registered office at [city], [state] (“Company”) - and - [NAME OF CONSULTANT] an individual resident in OR a body corporate, having its registered office at [city], [state] (“Consultant”) WHEREAS A. The Company wishes to retain the Consultant, and the Consultant wishes to be retained by the Company, for the purpose of providing the consulting services more particularly described in the Schedule annexed hereto; B. During the term of this Agreement, it may be necessary for the Company to disclose to the Consultant certain confidential and/or proprietary information of the Company. The Company desires to protect such confidential and/or proprietary information from disclosure to or unauthorised use by third parties. AGREEMENT 1. Protection of Confidential Information Consultant hereby acknowledges, understands and agrees that whether developed by Consultant or others employed by or associated with Consultant or the Company, all Confidential Information, as set forth in Section 2, is the exclusive and confidential property of the Company and shall be at all times regarded, treated and protected as such in accordance with this Agreement. Failure to mark any writing confidential shall not affect the confidential nature of such writing or the information contained therein. 2. Definition of Confidential Information “Confidential Information” shall mean information, whether or not originated by Consultant, which is used in the Company’s business and is: (i) proprietary to, about or created by the Company; (ii) gives the Company some competitive business advantage or the opportunity of obtaining such advantage or the disclosure of which could be detrimental to the interests of the Company; (iii) designated as Confidential Information by the Company, or from all the relevant circumstances should reasonably be assumed by Consultant to be confidential and proprietary to the Company; or (iv) not generally known by non-Company personnel. Such Confidential Information includes, but is not limited to, the following types of information and other information of a similar nature (whether or not reduced to writing or designated as confidential): -2- a. Work Product. Work product resulting from or related to work or projects performed or to be performed for the Company or for clients of the Company, including but not limited to the interim and final lines of inquiry, hypotheses, research and conclusions related thereto and the methods, processes, procedures, analysis, techniques and audits used in connection therewith; b. Computer Software. Computer software of any type or form in any stage of actual or anticipated research and development, including but not limited to programs and program modules, routines and subroutines, processes, algorithms, design concepts, design specifications (design notes, annotations, documentation, flowcharts, coding sheets, and the like), source code, object code and load modules, programming, program patches and system designs; c. Other Proprietary Data. Information relating to the Company’s proprietary rights prior to any public disclosure thereof, including but not limited to the nature of the proprietary rights, production data, technical and engineering data, test data and test results, the status and details of research and development of products and services, and information regarding acquiring, protecting, enforcing and licensing proprietary rights (including patent, copyright and trade secrets); d. Business Operations. Internal Company personnel and financial information, vendor names and other vendor information (including vendor characteristics, services and agreements), purchasing and internal cost information, internal services and operational manuals, and the manner and methods of conducting the Company’s business; e. Marketing and Development Operations. Marketing and development plans, price and cost data, price and fee amounts, pricing and billing policies, quoting procedures, marketing techniques and methods of obtaining business, forecasts and forecast assumptions and volumes, and future plans and potential strategies of the Company which have been or are being discussed; and f. Customers. Names of customers and their representatives, contracts and their contents and parties, customer services, data provided by customers and the type, quantity and specifications of products and services purchased, leased, licensed or received by clients of the Company. 3. Exclusions from Confidential Information “Confidential Information” shall not include information publicly known and the general skills and experience gained during Consultant’s work with the Company which Consultant could reasonably have been expected to acquire in similar work with another company. The phrase “publicly known” shall mean readily accessible to the public in a written publication, and shall not incl
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