Non Disclosure & Non Compete agreement

**Troll** · 22 August 2007, 10:52

usually sign a non disclosure.

**Ardesco** · 22 August 2007, 10:56

I've signed hundreds of non-disclosures.

Whats in the non-compete? Sounds like they are trying to sneak in a handcuff clause (Which is illegal if you are opted in)

**SandyDown** · 22 August 2007, 11:08

that's what bothers me, they said I can not solicit work away from their client without them being involved, must admit when I was permie for Accenture they also had us sign such an agreement. However as a contractor suppose I worked for them for a contract with a specific client, am I supposed to avoid working for any of their clients for the term of this agreement (2 years)

**Ardesco** · 22 August 2007, 11:33

Sounds uneforcible to me. I belive that 3-6 months is the maximum without falling foul of restraint of trade legislation.

http://www.gillhams.com/dictionary/310.cfm

That may help you out.

**TheFaQQer** · 22 August 2007, 11:33

Sign the non disclosure.

If there is anything else in the contract about going direct / soliciting customers, then check the non compete clause is the same. I probably wouldn't sign it though.

**XLMonkey** · 22 August 2007, 15:38

Non-compete agreements are unusual with agencies (who know how to use the Agency Regulations to protect themselves), but common with small consultancies (who have a ludicrously inflated idea of how important their intellectual property is).

A non-compete agreement normally says the equivalent of
"I promise not to solicit business from your client"

you need to have a caveat added that says
"...unless they solicit me first, and I can also respond to adverts placed by agents acting on behalf of your clients."

**thunderlizard** · 22 August 2007, 16:58

I see what you mean Sandy. If the client is big and the consultancy is small, the consultancy could be chucked off the client's PSL, but you're still bound into the non-compete, making you damned if you do & damned if you don't. Maybe get some "...where reasonable practicable..." caveat in there.

Non Disclosure & Non Compete agreement