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Consulting Non Compete Agreement Template for South Africa

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Key Requirements PROMPT example:

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."

Document background
The Consulting Non Compete Agreement is essential for businesses operating in South Africa who engage external consultants and need to protect their legitimate business interests. This document is typically used when consultants will have access to sensitive information, trade secrets, or valuable client relationships during their engagement. The agreement must carefully balance the protection of business interests with the constitutional right to trade under South African law, incorporating reasonable restrictions in terms of duration, geography, and scope. It should include clear definitions of prohibited activities, specific consideration for the restrictions, and enforcement mechanisms that align with South African legal principles. The document is particularly relevant in today's dynamic business environment where consulting relationships are common and the protection of intellectual property and market position is crucial.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses






























Relevant Industries

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

Relevant Teams

Legal

Human Resources

Procurement

Executive Leadership

Risk and Compliance

Operations

Business Development

Research and Development

Information Technology

Project Management Office

Relevant Roles

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

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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