This document is prepared on behalf of the seller of the business to ensure that any details provided are kept confidential and that you will handle this information with care.
Non disclosure agreement between yourself and the enquired business registered for sale with "Bizdaq"
1. In consideration of the disclosure to us by you of any confidential information we undertake that we will:
(a) Use and apply the confidential information solely for the purpose of evaluating the company/business in connection with a potential purchase of your company/business
(b) Use our reasonable endeavours to keep permanently confidential all such confidential information supplied to us at any time during the proposed evaluation and any such subsequent discussions
(c) Not at any time disclose or otherwise make available to any third party any of the confidential information other than;
(i)to those of our officers or employees who are required in the course (and solely for the purpose of) such evaluation to receive and consider the confidential information (and we agree that any employee of officer will be made aware of and agree to these terms)
(ii) to our professional advisors and we agree on the basis that they have seen and agree to this undertaking
Strictly Private & Confidential
2. “The confidential information” shall mean all financial, commercial, technical, operational, staff, management, legal and other information, data and know how regarding our company including its prospects, clients, customers, targets, products, services, assets, costs, prices, suppliers and employees together with any other confidential information.
3. We shall upon written demand from you immediately return or confirm to you in writing the destruction of confidential information together with any copies in our possession or that of our professional advisors. We shall at all times keep a record of all copies of this confidential information and of those persons who have or have had access to them, and shall upon written request give details of any recipients.
4. We confirm that we shall (in addition to, and without affecting, any other rights or remedies that you and/or the company/business may have whether under statute, common law or otherwise indemnify, and keep indemnified, each of you and the company (each an indemnified person) from and against all actions, claims, demands, liabilities, damages, losses, costs, charges and expenses (including without limitation, consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) that an indemnified person may suffer or incur in connection with, or arising (directly or indirectly) from any breach or non performance by us, or any person whom we have disclosed or given access to as part of the confidential information of any other provisions of this confidentiality agreement.
Strictly Private & Confidential
6. Nothing in this agreement shall create any rights for third parties under the Contracts (rights of third parties) Act 1999. No variation to this agreement and no supplemental or ancillary agreement to this agreement shall create any such rights unless expressly so stated in any such agreement by the parties. This does not affect any right or remedy of a third party which exists or is available apart from that Act.
7. This agreement is governed by and shall be construed in accordance with English and Welsh law.
8. By selecting "I Agree" within "Bizdaq" you are accepting the terms and enter this agreement in confidence with the seller.
9. This confirmation of acceptance will be stored and recorded by "Bizdaq" for future reference if needed.