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Non Compete Non Circumvent Agreement

Non Compete Non Circumvent Agreement Template for Australia

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Key Requirements PROMPT example:

Non Compete Non Circumvent Agreement

"I need a Non Compete Non Circumvent Agreement for my software development company based in Sydney, protecting our intellectual property and client relationships across Australia and New Zealand, with a particular focus on preventing contractors from working with our direct competitors for 12 months after engagement."

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Document background
The Non-Compete Non-Circumvent Agreement is essential in Australian business relationships where parties share sensitive information, business opportunities, or strategic relationships. This document is particularly crucial when engaging with contractors, employees, or business partners who may gain access to valuable business intelligence, customer relationships, or proprietary information. The agreement must comply with Australian competition law principles, including the Competition and Consumer Act 2010 and state-specific restraint of trade legislation. It typically includes detailed provisions on prohibited activities, geographical scope, duration of restrictions, and remedies for breach. The document is carefully structured to ensure enforceability under Australian law while protecting legitimate business interests through reasonable and proportionate restrictions.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of entering into the agreement

3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Confidential Information', 'Competing Business', 'Territory', etc.

4. Term and Duration: Period for which the agreement is valid and any renewal provisions

5. Non-Compete Obligations: Detailed restrictions on competitive activities, including scope of prohibited activities and geographical limitations

6. Non-Circumvention Obligations: Provisions preventing parties from bypassing each other in business dealings or relationships

7. Confidentiality Obligations: Requirements for handling and protecting confidential information

8. Consideration: The value exchanged between parties to make the agreement legally binding

9. Reasonable Restrictions: Justification for the restrictions and acknowledgment of their reasonableness

10. Remedies and Enforcement: Available remedies in case of breach, including injunctive relief and damages

11. Severability: Provision ensuring that if any part is found invalid, the rest remains enforceable

12. Governing Law and Jurisdiction: Specification of applicable law and courts having jurisdiction

13. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement

Optional Sections

1. Special Industry Provisions: Additional provisions specific to particular industries or business sectors

2. Intellectual Property Rights: Special provisions regarding IP protection when relevant to the business relationship

3. Independent Contractor Relationship: Clarification of relationship status when agreement is between principal and contractor

4. Assignment and Succession: Provisions regarding transfer of rights and obligations, used when likely to be relevant

5. Dispute Resolution: Alternative dispute resolution procedures, recommended for international agreements

6. Return of Materials: Procedures for returning confidential materials, relevant when physical or digital materials are involved

7. Non-Solicitation: Additional provisions preventing solicitation of employees or customers, if relevant to business context

8. Survival Clauses: Specifying which provisions survive termination, important for long-term protection

Suggested Schedules

1. Schedule A - Restricted Territory: Detailed description or map of geographical areas where restrictions apply

2. Schedule B - Restricted Activities: Comprehensive list of specific activities prohibited under the agreement

3. Schedule C - Confidential Information: Detailed list or categories of information deemed confidential

4. Schedule D - Existing Relationships: List of existing business relationships excluded from the agreement

5. Schedule E - Consideration Details: Detailed breakdown of any financial or other consideration involved

6. Appendix 1 - Compliance Guidelines: Guidelines for ensuring compliance with the agreement's obligations

7. Appendix 2 - Notice Requirements: Specific procedures and contact details for required notices

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions


































Clauses






























Relevant Industries

Technology and Software

Professional Services

Manufacturing

Financial Services

Healthcare

Biotechnology

Research and Development

Retail and Distribution

Real Estate

Energy

Mining

Telecommunications

Consulting

Education and Training

Relevant Teams

Legal

Executive Leadership

Sales

Business Development

Research and Development

Product Development

Strategic Partnerships

Operations

Finance

Human Resources

Information Technology

Procurement

Customer Relations

Market Development

Relevant Roles

Chief Executive Officer

Managing Director

Business Development Manager

Sales Director

Chief Technology Officer

Senior Consultant

Project Manager

Research Director

Product Manager

Strategic Partnership Manager

Account Executive

Technical Lead

Operations Manager

Chief Financial Officer

Investment Manager

Regional Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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