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Subcontractor Non Compete Agreement Template for Ireland

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Key Requirements PROMPT example:

Subcontractor Non Compete Agreement

"I need a Subcontractor Non-Compete Agreement for a software development contractor who will have access to our proprietary code and client data, with restrictions covering Ireland and the UK for 12 months after termination, to be effective from March 2025."

Document background
The Subcontractor Non Compete Agreement is essential for businesses operating in Ireland who engage subcontractors and need to protect their legitimate business interests, intellectual property, and client relationships. This document becomes particularly relevant when subcontractors have access to sensitive information, key client relationships, or specialized knowledge of business operations. It must comply with Irish common law principles, which require non-compete restrictions to be reasonable in duration, geographical scope, and scope of activities. The agreement typically includes detailed provisions on restricted activities, territories, and time periods, while ensuring compliance with Irish competition law and avoiding overly broad restrictions that might be deemed unenforceable. It's particularly important in professional services, technology, and consulting sectors where subcontractors often have significant access to proprietary information and client relationships.
Suggested Sections

1. Parties: Identification of the contracting parties - the main contractor and the subcontractor

2. Background: Context of the agreement, nature of the business relationship, and legitimate business interests being protected

3. Definitions: Definitions of key terms including 'Confidential Information', 'Restricted Business', 'Territory', and 'Restricted Period'

4. Scope of Engagement: Overview of the subcontractor's role and services

5. Non-Compete Obligations: Core restrictions on competing activities, including temporal and geographical scope

6. Non-Solicitation Provisions: Restrictions on soliciting clients, employees, or other contractors

7. Confidentiality Obligations: Protection of confidential information and trade secrets

8. Duration and Territory: Specific timeframes and geographical areas where restrictions apply

9. Acknowledgments: Subcontractor's acknowledgment of reasonableness of restrictions

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

11. Severability: Provisions for maintaining validity if parts are found unenforceable

12. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction

Optional Sections

1. Garden Leave: Optional provisions for paid non-compete period, used when higher protection is needed

2. Assignment Rights: Include when transfer of rights needs to be addressed, particularly in corporate contexts

3. Consideration: Specific section detailing additional consideration for non-compete obligations, if applicable

4. Post-Termination Obligations: Detailed post-termination procedures, needed for complex relationships

5. Monitoring and Compliance: Procedures for monitoring compliance, useful for high-risk situations

6. Alternative Dispute Resolution: Include when parties prefer mediation or arbitration before litigation

Suggested Schedules

1. Schedule 1 - Restricted Activities: Detailed list of specific activities the subcontractor is prohibited from engaging in

2. Schedule 2 - Restricted Territory: Detailed maps or descriptions of geographical areas where restrictions apply

3. Schedule 3 - Restricted Clients/Customers: List of specific clients or customer categories covered by non-solicitation provisions

4. Schedule 4 - Restricted Competitors: List of specific competitors or competitor types the subcontractor cannot work with

5. Schedule 5 - Consideration Details: Details of any specific consideration provided for the non-compete obligations

6. Appendix A - Confidential Information Categories: Detailed categorization of information considered confidential under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses






























Relevant Industries

Technology

Professional Services

Construction

Healthcare

Financial Services

Information Technology

Management Consulting

Software Development

Engineering

Creative Industries

Research and Development

Manufacturing

Telecommunications

Relevant Teams

Legal

Human Resources

Procurement

Operations

Commercial

Risk and Compliance

Executive Leadership

Business Development

Project Management

Vendor Management

Relevant Roles

Legal Counsel

HR Director

Procurement Manager

Project Manager

Operations Director

Contract Manager

Business Development Manager

Chief Technology Officer

Head of Operations

Commercial Director

Risk Manager

Compliance Officer

Head of Human Resources

Managing Director

Chief Executive Officer

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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