This Subcontractor Non-Solicitation Agreement is essential for businesses operating in Australia that engage subcontractors and need to protect their valuable business relationships and human resources. It is particularly relevant when subcontractors have access to sensitive information about employees, clients, or other contractors, or when they develop close relationships with these stakeholders during their engagement. The agreement must be carefully drafted to comply with Australian competition law while providing meaningful protection. It typically includes defined non-solicitation periods, geographical limitations, and clear descriptions of prohibited activities. This document is commonly used in professional services, technology, and consulting sectors where contractor relationships are prevalent and business relationships are crucial assets.
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1. Parties: Identification of the contracting parties - the contractor and the company
2. Background: Context of the agreement, nature of the business relationship, and legitimate business interests being protected
3. Definitions: Key terms including 'solicitation', 'confidential information', 'restricted period', 'clients', 'employees', and other relevant terms
4. Non-Solicitation Obligations: Core obligations regarding non-solicitation of clients, employees, and other contractors
5. Duration and Geographic Scope: Time period and geographical limitations of the non-solicitation obligations
6. Confidentiality: Obligations regarding confidential information and trade secrets
7. Acknowledgments: Contractor's acknowledgment of reasonableness and necessity of restrictions
8. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
9. General Provisions: Standard clauses including governing law, severability, and entire agreement
1. Non-Competition Obligations: Additional restrictions on competitive activities, used when there's significant risk to business interests
2. Intellectual Property: IP protection clauses, used when contractor has access to valuable IP
3. Dispute Resolution: Detailed dispute resolution procedures, used for high-value or high-risk relationships
4. Assignment and Succession: Rules for transferring agreement rights, used when business sale or restructure is anticipated
5. Survival Clause: Specifying which obligations survive termination, used for complex relationships
6. Independent Legal Advice: Acknowledgment of receiving legal advice, used for stronger enforceability
1. Schedule A - Protected Clients: List of specific clients covered by non-solicitation obligations
2. Schedule B - Protected Employees: Categories or list of employees protected by non-solicitation provisions
3. Schedule C - Restricted Territory: Detailed description of geographical boundaries for restrictions
4. Schedule D - Confidential Information: Specific types of confidential information covered by the agreement
5. Appendix 1 - Deed of Adherence: Template for additional parties to be bound by the agreement
6. Appendix 2 - Acknowledgment Form: Form for periodic acknowledgment of ongoing obligations
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Construction
Professional Services
Engineering
Healthcare
Financial Services
Mining
Telecommunications
Management Consulting
Manufacturing
Research and Development
Education and Training
Relevant Teams
Legal
Human Resources
Procurement
Operations
Project Management
Contract Administration
Compliance
Risk Management
Vendor Management
Business Development
Relevant Roles
Chief Executive Officer
Human Resources Director
Procurement Manager
Legal Counsel
Operations Manager
Project Manager
Contract Administrator
Recruitment Manager
Business Development Manager
Chief Operating Officer
Vendor Management Specialist
Compliance Officer
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