The Non Circumvention Non Disclosure & Working Agreement (NCNDA) is essential for businesses operating in South Africa who need to protect their interests while exploring or engaging in business relationships. This document is particularly relevant when parties are sharing sensitive information, discussing business opportunities, or establishing working relationships where there's a need to prevent direct circumvention of any party's interests. The agreement is structured to comply with South African legislation, including the Protection of Personal Information Act (POPIA) and the Competition Act, while providing comprehensive protection for business relationships, confidential information, and collaborative arrangements. It's commonly used in various scenarios including business introductions, joint ventures, investment opportunities, and strategic partnerships where multiple parties need to work together while maintaining clear boundaries and protections.
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1. Parties: Identification and details of all contracting parties
2. Background: Context of the agreement and business relationship
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Confidentiality Obligations: Detailed provisions regarding the protection and handling of confidential information
5. Non-Circumvention Provisions: Terms preventing parties from bypassing each other in business dealings
6. Working Relationship: Framework for how parties will collaborate and conduct business
7. Term and Termination: Duration of the agreement and circumstances for termination
8. Representations and Warranties: Statements of fact and promises made by each party
9. Breach and Remedies: Consequences of breach and available remedies
10. General Provisions: Standard clauses including governing law, jurisdiction, and notices
11. Signature Page: Execution block for all parties
1. Intellectual Property Rights: Specific provisions regarding IP ownership and usage - include when IP sharing is anticipated
2. Commission Structure: Details of any commission arrangements - include when deal-specific compensation is involved
3. Dispute Resolution: Detailed arbitration or mediation procedures - include for complex international arrangements
4. Data Protection: Specific POPIA compliance provisions - include when personal information processing is involved
5. Force Majeure: Provisions for unforeseen circumstances - include for long-term or high-value arrangements
6. Non-Solicitation: Prevents poaching of employees/clients - include when parties have valuable human resources
7. Insurance Requirements: Specific insurance obligations - include for high-risk activities
8. Compliance with Laws: Specific regulatory compliance requirements - include for regulated industries
1. Schedule A - Confidential Information: Detailed list of information deemed confidential
2. Schedule B - Authorized Representatives: List of individuals authorized to receive confidential information
3. Schedule C - Approved Purpose: Detailed description of the business purpose and permitted uses of information
4. Schedule D - Commission Structure: Detailed breakdown of any commission arrangements
5. Schedule E - Territory: Geographic scope of non-circumvention provisions
6. Appendix 1 - Security Protocols: Specific procedures for handling confidential information
7. Appendix 2 - Reporting Requirements: Ƶ and procedures for required business reports
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