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Non Solicitation Agreement Form

Non Solicitation Agreement Form Template for India

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Key Requirements PROMPT example:

Non Solicitation Agreement Form

"I need a Non Solicitation Agreement Form for a senior software developer leaving our IT consulting firm in March 2025, specifically preventing them from approaching our clients and current employees for 12 months within the Bangalore region."

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Document background
The Non Solicitation Agreement Form is a crucial business document used in India to protect organizations from potential loss of valuable employees, clients, or business relationships. This agreement becomes particularly relevant during employee departures, business partnerships, or when sharing sensitive business information. The document, governed by Indian contract law and constitutional provisions, establishes specific restrictions on solicitation activities while ensuring reasonable terms that courts will enforce. It typically includes detailed definitions of prohibited activities, temporal and geographical scope, and consequences of breach. The agreement must balance business protection with individual rights under Indian law, making it essential for maintaining stable business relationships while avoiding overly restrictive terms that might be deemed unenforceable.
Suggested Sections

1. Parties: Identifies and defines the parties entering into the agreement, including their legal names, addresses, and any relevant corporate details

2. Background: Explains the context and purpose of the agreement, including the nature of the business relationship between the parties

3. Definitions: Defines key terms used throughout the agreement, including 'solicitation', 'restricted period', 'confidential information', and other relevant terms

4. Scope of Non-Solicitation: Details the specific types of solicitation that are prohibited, including employee solicitation, customer solicitation, and/or supplier solicitation

5. Duration and Geographic Scope: Specifies the time period and geographical areas where the non-solicitation restrictions apply

6. Exceptions and Permitted Activities: Lists activities that are explicitly allowed despite the non-solicitation restrictions

7. Confidentiality Obligations: Outlines obligations regarding the handling and protection of confidential information

8. Breach and Remedies: Describes what constitutes a breach and the consequences/remedies available to the affected party

9. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, amendments, and notices

10. Execution: Signature blocks and execution formalities

Optional Sections

1. Non-Compete Provisions: Additional restrictions on competitive activities, used when broader protection is needed beyond non-solicitation

2. Assignment and Succession: Rules about transferring rights under the agreement, included when relevant to corporate structure or potential future transactions

3. Survival Clause: Specifies which obligations continue after agreement termination, used in more complex business relationships

4. Return of Property: Procedures for returning company property or materials, relevant when physical or digital assets are involved

5. Alternative Dispute Resolution: Mediation or arbitration procedures, included when parties prefer alternative dispute resolution to court proceedings

6. Force Majeure: Provisions for unforeseen circumstances, included in longer-term agreements or when specific external risks are identified

Suggested Schedules

1. Schedule A - Restricted Customers: List of specific customers covered by the non-solicitation provisions

2. Schedule B - Restricted Employees: Categories or specific positions covered by employee non-solicitation provisions

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

4. Appendix 1 - Confidential Information: Detailed categorization of information considered confidential under the agreement

5. Appendix 2 - Permitted Activities: Detailed list of activities explicitly allowed under the agreement

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Information Technology

Professional Services

Financial Services

Healthcare

Manufacturing

Consulting

Retail

Telecommunications

Education and Training

Business Process Outsourcing

Pharmaceuticals

Real Estate

Engineering Services

Media and Entertainment

Relevant Teams

Human Resources

Legal

Business Development

Sales

Senior Management

Operations

Recruitment

Compliance

Corporate Affairs

Strategic Planning

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Business Development Manager

Sales Director

Project Manager

Department Head

Senior Consultant

Account Manager

Operations Manager

Managing Partner

Recruitment Manager

Chief Technology Officer

Vice President

Regional Manager

Industries
Indian Contract Act, 1872: Fundamental law governing contract formation, validity, and enforcement. Sections 23-27 are particularly relevant for restraint of trade and business.
The Competition Act, 2002: Regulates anti-competitive practices and ensures that business restrictions do not create adverse effects on market competition.
Article 19(1)(g) of Indian Constitution: Guarantees fundamental right to practice any profession, occupation, trade, or business, which affects the scope of non-solicitation restrictions.
The Specific Relief Act, 1963: Governs the enforcement of contractual obligations and available remedies in case of breach.
Information Technology Act, 2000: Relevant for protecting electronic records and digital communications related to confidential information and trade secrets.
Trade Secrets Protection Guidelines: While India doesn't have specific trade secret legislation, common law principles protect confidential information and trade secrets.
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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