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Non Solicitation Agreement For Independent Contractors
"I need a Non-Solicitation Agreement for Independent Contractors under Irish law for our software development company, specifically to protect our client relationships and prevent contractors from poaching our development team members for 12 months after their engagement ends."
1. Parties: Identifies and provides full details of the contracting parties - the company and the independent contractor
2. Background: Establishes the context of the agreement, nature of the business relationship, and legitimate business interests being protected
3. Definitions: Defines key terms including 'Confidential Information', 'Restricted Business', 'Restricted Customers', 'Restricted Period', and 'Restricted Territory'
4. Non-Solicitation of Customers: Details restrictions on approaching or dealing with company customers during and after the contract period
5. Non-Solicitation of Employees: Specifies restrictions on approaching or hiring company employees
6. Non-Solicitation of Suppliers: Outlines restrictions on interfering with company supplier relationships
7. Duration and Territory: Specifies the time period and geographic scope of the restrictions
8. Independent Contractor Status: Confirms the independent contractor relationship and disclaims any employment relationship
9. Consideration: States the consideration provided in exchange for the non-solicitation commitments
10. Reasonableness: Acknowledges that restrictions are reasonable and necessary to protect legitimate business interests
11. Severability: Provides for survival of remaining provisions if any provision is found invalid
12. Governing Law and Jurisdiction: Specifies Irish law as governing law and Irish courts' jurisdiction
1. Garden Leave: Include when the agreement needs to specify a period during which the contractor must cease all work while remaining under contract
2. International Provisions: Include for contractors who operate across multiple jurisdictions or internationally
3. Data Protection: Include detailed GDPR compliance provisions when significant personal data processing is involved
4. Post-Termination Obligations: Include specific post-termination procedures and obligations beyond standard non-solicitation terms
5. Dispute Resolution: Include alternative dispute resolution procedures when parties prefer mediation or arbitration over court proceedings
6. Assignment Rights: Include when either party needs the right to assign the agreement to another entity
7. Force Majeure: Include when specific provisions for unforeseen circumstances affecting performance are needed
1. Schedule 1 - Restricted Customers: List of specific customers or customer categories covered by the non-solicitation provisions
2. Schedule 2 - Restricted Territory: Detailed description of geographic areas where restrictions apply
3. Schedule 3 - Restricted Business Activities: Detailed description of business activities covered by the restrictions
4. Appendix A - Consideration Details: Detailed breakdown of any financial or other consideration provided for the restrictions
5. Appendix B - Specific Projects: List of specific projects or work assignments that give rise to the non-solicitation obligations
Authors
Information Technology
Professional Services
Management Consulting
Financial Services
Healthcare
Engineering
Software Development
Marketing and Advertising
Business Development
Research and Development
Education and Training
Telecommunications
Legal
Human Resources
Procurement
Business Development
Executive Leadership
Operations
Project Management
Compliance
Risk Management
Contract Administration
Chief Executive Officer
Human Resources Director
Legal Counsel
Procurement Manager
Business Development Manager
Project Manager
IT Consultant
Management Consultant
Software Developer
Marketing Consultant
Financial Advisor
Training Consultant
Research Analyst
Sales Director
Operations Manager
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