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Consulting Non Compete Agreement
"I need a Consulting Non-Compete Agreement for a technology consulting firm in Cape Town, South Africa, with a 24-month restriction period starting January 2025, covering the Western Cape region and protecting our client relationships and proprietary software development methodologies."
1. Parties: Identification of the consulting firm/individual and the company, including registration numbers and addresses
2. Background: Context of the consulting relationship and reason for the non-compete provisions
3. Definitions: Key terms including 'Confidential Information', 'Competitive Activities', 'Territory', 'Restricted Period', and 'Business Activities'
4. Scope of Consulting Services: Detailed description of consulting services to be provided
5. Term and Termination: Duration of the consulting agreement and termination provisions
6. Non-Compete Obligations: Specific restrictions on competitive activities, including temporal and geographical scope
7. Non-Solicitation Provisions: Restrictions on soliciting employees, clients, or suppliers
8. Confidentiality Obligations: Protection of confidential information and trade secrets
9. Consideration: Specific consideration provided in exchange for non-compete obligations
10. Enforcement and Remedies: Rights and remedies in case of breach, including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Specific provisions regarding IP created during the consulting relationship
2. Data Protection Compliance: POPIA compliance requirements for handling personal information
3. Post-Termination Obligations: Additional obligations beyond non-compete that survive termination
4. Alternative Dispute Resolution: Mediation or arbitration procedures for dispute resolution
5. Insurance Requirements: Professional indemnity and other insurance obligations
6. Return of Company Property: Procedures for returning company assets and information
7. Garden Leave Provisions: Terms for paid non-compete period immediately following termination
1. Schedule A - Consulting Services: Detailed scope of work, deliverables, and timelines
2. Schedule B - Restricted Territory: Geographical areas covered by non-compete restrictions
3. Schedule C - Fee Schedule: Consulting fees and payment terms
4. Schedule D - Competitors List: Specific competitors or types of businesses covered by non-compete
5. Appendix 1 - Confidential Information: Detailed list of types of confidential information covered
6. Appendix 2 - Company Clients: List of protected client relationships
7. Appendix 3 - Compliance Requirements: Specific regulatory or industry compliance requirements
Authors
Information Technology
Management Consulting
Financial Services
Professional Services
Healthcare
Engineering
Mining and Resources
Manufacturing
Telecommunications
Research and Development
Biotechnology
Marketing and Advertising
Legal Services
Education and Training
Legal
Human Resources
Procurement
Executive Leadership
Risk and Compliance
Operations
Business Development
Research and Development
Information Technology
Project Management Office
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Human Resources Director
Procurement Manager
Project Manager
Business Development Manager
Operations Director
Department Head
Managing Director
Contract Manager
Risk Manager
Compliance Officer
Technical Director
Research Director
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