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Non Solicitation Agreement Template for South Africa

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Key Requirements PROMPT example:

Non Solicitation Agreement

"I need a Non-Solicitation Agreement for my software development company based in Cape Town, protecting against customer and employee solicitation by departing senior developers for 12 months, with specific focus on ourFinTech client base."

Document background
The Non-Solicitation Agreement is a crucial business document used in South Africa to protect companies from losing valuable employees, customers, or suppliers to current or former business associates, employees, or partners. This document becomes particularly relevant during employee departures, business sales, partnership dissolutions, or when engaging with contractors who may have access to sensitive business relationships. The agreement must carefully balance the protection of legitimate business interests with South African constitutional rights regarding freedom of trade and occupation. It typically specifies the duration of restrictions, geographical limitations, and precise definitions of prohibited solicitation activities. The document must comply with South African competition law, labor law, and common law principles regarding restraint of trade to remain enforceable.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names and details

2. Background: Context of the agreement, relationship between parties, and legitimate business interests being protected

3. Definitions: Key terms used in the agreement, including 'solicitation', 'confidential information', 'customers', 'employees', etc.

4. Scope of Non-Solicitation: Detailed description of prohibited solicitation activities, including customer, employee, and supplier non-solicitation provisions

5. Duration: Time period for which the non-solicitation obligations will remain in effect

6. Geographic Area: Specific geographical boundaries where the non-solicitation restrictions apply

7. Legitimate Business Interests: Description of the business interests being protected through the agreement

8. Exceptions and Permitted Activities: Activities that are explicitly allowed despite the non-solicitation provisions

9. Remedies: Legal remedies available in case of breach, including injunctive relief and damages

10. Severability: Provision ensuring that if any part of the agreement is found unenforceable, the rest remains valid

11. Governing Law and Jurisdiction: Specification of South African law as governing law and jurisdiction for disputes

12. Entire Agreement: Clause confirming the agreement represents the complete understanding between parties

Optional Sections

1. Non-Compete Provisions: Additional restrictions on competitive activities - only include if specifically required and ensure compliance with South African competition law

2. Confidentiality Obligations: Detailed confidentiality provisions - include if sensitive information is involved

3. Assignment Rights: Rights to assign the agreement to other parties - include for corporate entities or potential business transfers

4. Dispute Resolution: Alternative dispute resolution procedures - include if parties want to specify mediation or arbitration

5. Survival: Provisions that survive termination of employment or business relationship - include for complex business relationships

6. Return of Property: Requirements for returning company property - include if relevant to the business relationship

7. Notice Requirements: Formal procedures for giving notices under the agreement - include for more formal business relationships

Suggested Schedules

1. Schedule A - Protected Customers: List of specific customers or customer categories covered by the non-solicitation provisions

2. Schedule B - Protected Employees: Categories or specific positions of employees covered by non-solicitation provisions

3. Schedule C - Restricted Territory: Detailed description or map of geographical areas where restrictions apply

4. Schedule D - Legitimate Business Interests: Detailed description of business interests being protected, including market position and competitive advantages

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

Professional Services

Information Technology

Financial Services

Healthcare

Consulting

Retail

Manufacturing

Sales and Distribution

Real Estate

Insurance

Telecommunications

Education and Training

Marketing and Advertising

Engineering

Legal Services

Relevant Teams

Human Resources

Legal

Sales

Business Development

Executive Leadership

Operations

Client Services

Account Management

Marketing

Information Technology

Consulting

Professional Services

Research and Development

Strategic Planning

Customer Success

Relevant Roles

Chief Executive Officer

Managing Director

Sales Manager

Business Development Manager

Account Executive

Human Resources Director

Chief Financial Officer

Operations Manager

Senior Consultant

Project Manager

Department Head

Regional Manager

Client Relations Manager

Technical Lead

Senior Partner

Executive Director

Vice President of Sales

Marketing Director

Chief Technology Officer

Business Owner

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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