The Consulting Non Compete Agreement is essential for businesses in India engaging external consultants or professional service providers where protection of business interests, confidential information, and intellectual property is crucial. This document is specifically structured to comply with Indian law, particularly Section 27 of the Indian Contract Act, which places significant restrictions on non-compete provisions. The agreement focuses on establishing clear parameters for the consulting relationship, including detailed service scope, confidentiality obligations, and enforceable competitive restrictions during the engagement period. It is particularly relevant for situations involving access to sensitive business information, strategic projects, or specialized industry knowledge, and includes provisions for intellectual property protection, data security, and professional service standards.
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1. Parties: Identification of the consulting company/individual and the client company, including full legal names, addresses, and registration details
2. Background: Context of the consulting engagement and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including Confidential Information, Competitive Business, Territory, and Services
4. Scope of Services: Detailed description of consulting services to be provided
5. Term and Termination: Duration of the agreement and termination provisions
6. Non-Compete Obligations: Restrictions during the term of engagement, carefully worded to comply with Indian law
7. Confidentiality Obligations: Protection of confidential information and trade secrets
8. Intellectual Property Rights: Ownership and transfer of IP created during the engagement
9. Fees and Payment Terms: Compensation structure, payment schedule, and expenses
10. Representations and Warranties: Standard warranties regarding capacity, authority, and non-breach of other obligations
11. Indemnification: Mutual indemnification provisions for breach of agreement
12. Governing Law and Jurisdiction: Specification of Indian law and jurisdiction for dispute resolution
13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Non-Solicitation: Additional restrictions on soliciting employees or clients, used when the consultant will have significant contact with key personnel or customers
2. Insurance: Requirements for professional liability insurance, relevant for high-risk or regulated industries
3. Data Protection: Specific provisions for handling personal data, required when consulting involves processing personal information
4. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term consulting arrangements
5. Dispute Resolution: Alternative dispute resolution mechanisms like arbitration or mediation, useful for complex or high-value engagements
6. Compliance with Laws: Specific regulatory compliance obligations, necessary for regulated industries or specialized consulting services
1. Schedule A - Scope of Services: Detailed breakdown of consulting services, deliverables, and timelines
2. Schedule B - Fee Structure: Detailed fee calculations, payment milestones, and expense categories
3. Schedule C - Restricted Territory: Geographic scope of non-compete restrictions during the engagement
4. Schedule D - Competitive Business Definition: Specific description of business activities covered by non-compete provisions
5. Schedule E - Key Personnel: List of key consultant personnel assigned to the engagement
6. Appendix 1 - Confidential Information: Categories and examples of confidential information covered by the agreement
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Management Consulting
Professional Services
Financial Services
Healthcare
Manufacturing
Software Development
Business Process Outsourcing
Digital Transformation
Strategy Consulting
Engineering Services
Research and Development
Relevant Teams
Legal
Procurement
Human Resources
Operations
Finance
Risk Management
Compliance
Business Development
Strategy
Information Technology
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Head of Procurement
Human Resources Director
Chief Technology Officer
Project Manager
Business Development Manager
Operations Director
Procurement Manager
Contract Manager
Head of Strategy
Chief Financial Officer
Risk Manager
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