Non solicitation agreement

This is a comprehensive non-solicitation agreement between a contractor and a business owner providing limitations on the extent to which the contractor may solicit the employer's clients or customers.

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About this document

This is an agreement between a contractor and a business owner providing limitations on the extent to which the contractor may solicit the employer's clients or customers. It will be most useful to businesses where the contractor or employee has regular contact with clients or customers as well as confidential information about your business.

You can either cut and paste the contents of this document into your ‘about to be signed’ contract, or, if you already have a contract or services agreement, use this document as an amendment and simply attach your original contract to the back of this document.

This non-solicitation agreement provides that the contractor may not solicit in any regard - the Contractor must provide services to the Employer only. After the contract ends, the restraint is simply limited in time and geographical extent. You choose whether you want an absolute restraint, or a restraint only within a geographical area such as Eastern Cape, or North West. Additionally, you can limit the solicitation to time – for example, for six months, or two years, as you prefer.

Of course, you must be reasonable – if the contractor were to challenge this document for any reason, the less strict the restraints the more likely it is that a Court would uphold them as reasonable. It would clearly be unreasonable, for example, to forbid the contractor to ever provide services again after the end of your agreement.

Application and features

  • Suitable for employers, business owners or contractors - by providing the template, you are more likely to negotiate the terms you want;
  • Suitable either as a stand lone document or cut and paste to include these paragraphs in your new contract;
  • Helps protect your business;
  • You choose how strict;
  • Real law in plain English.

Contents

  • Details of the parties;
  • Non-solicitation;
  • Confidentiality;
  • Dispute resolution;
  • Schedule: the Services provided;
  • Other usual legal provisions to protect your interests.
Draftsman

This document was written by a solicitor for Net Lawman. It complies with current South Africa law.

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