Subcontractor Non Solicitation Agreement Template for Australia

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Key Requirements PROMPT example:

Subcontractor Non Solicitation Agreement

"I need a Subcontractor Non-Solicitation Agreement for our IT consulting firm in Sydney, Australia, specifically to prevent our software development contractors from poaching our clients and employees for 12 months after their engagement ends."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

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

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

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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