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Business Confidentiality Agreement

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  • 06-01-2015 12:42am
    #1
    Registered Users Posts: 29


    Hi Guys,

    I have a new business and I am in the process of approaching another person/business for an investment/partnership. I just had some questions regarding business confidentiality agreement.

    I have a supplier that is getting a lot of attention internationally but not yet here in Ireland and I have agreed terms to work with them but not an exclusivity deal with them.
    I will be the first one to start importing it here and it would be one of my key USP's.

    What I don't want to happen here is introduce company X lets say to this supplier and then for them to go directly to the supplier and cut me out of the deal. I want the business confidentiality agreement to state that by me telling them about this supplier, if they are to do any future business with them that I would need to be involved in some way or another. Is this covered in your standard business confidentiality agreement? I found the below online does anyone know if this is correct or would it stand up in an Irish court so to speak?

    ww.hbs.edu/entrepreneurship/pdf/Sample_NDA.pdf-

    Not sure if this is even the right place to post this but hopefully someone can help,

    Thanks,


Comments

  • Posts: 0 [Deleted User]


    You need an NCNDA - Non Circumvention, Non Disclosure Agreement


  • Registered Users Posts: 29 General.Tee


    Perfect thanks just looked that up and the definition I got looks good! What im looking for really.

    I have also found one online that is drawn up already do you know if these are a pretty standard doc and one would work for most instances? So I could probably just use this one from the internet and get them to sign it?


  • Posts: 0 [Deleted User]


    Perfect thanks just looked that up and the definition I got looks good! What im looking for really.

    I have also found one online that is drawn up already do you know if these are a pretty standard doc and one would work for most instances? So I could probably just use this one from the internet and get them to sign it?

    Nah you want to insert some specific clauses in there that apply exactly to your business situation Make the contract personal. And while the standard contract could be ok, it might also be too light. Stuff like damages, amounts of damages, legal jurisdiction and so on are unlikely to be suitable for what your undertaking. With stuff like this you need to know the standard terms that need to be there in the first place, and once you are sure they are all there you personalise it. DIY contracts can be dangerous things even if you know what your doing. You only figure that out when you actually have to enforce one of them!


  • Closed Accounts Posts: 997 ✭✭✭pedronomix


    Your lack of exclusivity will make any such agreement easily circumnavigable. if the supplier in non-EU based, they are not covered by relevant Agent laws. If you are a company the Agent laws generally do not apply. What you really need is a contact with them that clearly states and protects your relationship with clients you bring to the table and also states the terms of separation(pre-nup). Applicable law is generally best noted as in the state of the supplier.


  • Registered Users Posts: 2,781 ✭✭✭amen


    If I was an investor why would I sign this before knowing what you idea was?

    I might already have a relationship with someone doing something similar.

    The idea is not important is the implementation


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