Uploaded by Aroosnasir Syed

BT NDA (1)

advertisement
I appreciate the time and effort put into crafting this Non-Disclosure Agreement. It is
thorough and has most of the necessary details. However, I would suggest a few minor edits
to improve the readability and clarity:
1. Paragraph Structure: You should try to break down some long paragraphs into
smaller ones. This will make the content easier to read and understand.
2. Simplification: There are some phrases that could be simplified or explained more
clearly. For example, "Information directly or indirectly concerning, or related to the:"
could be simplified to "Information related to:"
3. Consistency: Maintain consistent terms throughout the agreement. For example,
"The Employee" and "the employee" are used interchangeably, so pick one and stick
to it.
4. Repetition: Avoid repeating the same concept. For example, "The employee shall not
use or attempt to use any of the Confidential Information for his/her own benefit or for
the benefit of any other person or entity." This sentence seems redundant given the
previous confidentiality stipulations.
5. Mandatory Clauses: Include an arbitration clause in case of disputes, and a
severability clause stating that if one part of the contract is found to be invalid, the
rest of the contract still remains valid.
6. Clear Consequences: While the disclaimer mentions the consequences of a breach,
it would be more effective to state the penalties for violation of the agreement in each
relevant section.
7. Legal Consultation: It is always recommended to get your NDA vetted by a legal
expert or attorney to ensure that all terms and conditions are enforceable and in line
with local laws.
Page 1 of 4
BEACONHOUSE TECHNOLOGY
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT
EFFECTIVE DATE: ______________
NAME OF PROJECT:
VALIDITY OF NDA: FIVE YEARS WITH EFFECT FROM THE EFFECTIVE DATE
This agreement is being executed between:
I.
M/S Beaconhouse Technology (Pvt.) Ltd., a Company based in Lahore, Pakistan,
having its principal office located at: 10-11 Gurumangat Road, Gulberg III Lahore,
Pakistan; hereinafter called 'The Company'.
&
II.
M/S ___________________________________; Son/Dauget of
___________________________; hereinafter called “The Employee’'.
Scope of this Non‐ Disclosure Agreement
“Confidential Information” means any Information directly or indirectly concerning, or related
to the:
1. Information about the activities of the company itself or any of its clients.
2. Information about the above-mentioned categories Projects, including but not limited:
● Policies
● Procedure
● Business Rules
● Validation Checks, all project-related information
● Source Code
● Process followed, etc.
3. Any other information the employee has obtained from the company deliberately,
directly, indirectly or otherwise during the tenure of the job at The Company.
This agreement stipulates that:
1. The Employee, as a representative of the Company, agrees to abide by the
Company's rules, regulations, code of conduct, and business ethics. Should any
confusion arise, clarification will be sought from the Company.
2. The Employee is prohibited from engaging directly with the Company's end clients.
Furthermore, they should never give an impression of independent interaction with
the clients.
3. The Employee agrees not to accept any form of employment or consultancy with the
Company's clients for a period of 24 months post-resignation or termination of
employment. This agreement applies whether the engagement is individual or
representing a competing entity.
Page 2 of 4
4. The Employee commits to maintaining the confidentiality of all client-related
information. They will not divulge any data or information related to the clients to any
third party, including competitors of the Company. In case of uncertainty, prior
clearance from the Company is mandatory before releasing such information.
5. Moreover, the Employee is responsible for taking necessary measures towards
cybersecurity to protect the Company's and its clients' data, preventing any
unauthorized access or leakage to external sources.
6. Post-resignation or termination of the Employee, this Non-Disclosure Agreement
(NDA) will remain in effect for an additional 24 months.
7. During and post-employment, the Employee shall refrain from working with any
clients of the Company in any capacity, such as an employee, contractor, consultant,
etc.
8. The Employee must maintain a record of all correspondence with the Company's
clients and submit it to the Company every fortnight.
9. The Employee will protect the Confidential Information with due diligence, preventing
unauthorized use, dissemination, or publication, similar to how they would protect
their own Confidential Information.
10. The Employee is tasked with ensuring secure custody of Confidential Information and
taking reasonable precautions to prevent third-party access, use, or disclosure of this
information.
11. Confidential Information may not be disclosed to any person or entity except its
consultants and legal advisors who require access, and only under the condition that
they treat the Confidential Information with the same degree of care.
12. The Employee shall not use the Confidential Information for personal benefit or the
benefit of any other person or entity.
13. Upon termination of services to the Company, the Employee will no longer be
authorized to use or possess the Confidential Information.
14. Upon leaving the Company or in case of termination, the Employee is obligated to
promptly return or, if directed by the Company, certify in writing the complete
destruction of the Confidential Information.
15. This agreement will be governed and interpreted according to the laws of Pakistan.
16. In case of disputes arising from this agreement, both parties agree to settle the
matter through arbitration.
17. In case any part of this agreement is found invalid, the remainder of the agreement
will still remain in effect.
Disclaimer:
Page 3 of 4
The employee acknowledges that he/she has been informed that if he/she breaches this
Agreement the Company, in addition to terminating the employee’s project or contract and
taking other actions available to it, may obtain preliminary and permanent court injunctions to
stop the breach, and may also sue to recover from the employee an amount to eleven
multiples to the damages that may be caused by the breach together with all costs and
expenses including attorney’s fees incurred by the company in taking.
Now, this mutual agreement shall be effective as of the date of this Agreement i.e. 22nd May
2023, by and between the following parties:
Agreed and Accepted by (The Employee):
Employee Name:
CNIC #
SIGNATURE & DATE
Page 4 of 4
For and on behalf of “The Company”
Beaconhouse Technology (Pvt) Ltd.
SIGNATURE & DATE
Download