The Non Circumvention Non Disclosure & Working Agreement (NCNDA) is essential for businesses operating under Indonesian law who wish to protect their interests while engaging in collaborative ventures. This document is particularly valuable when parties need to share sensitive information, establish business relationships, or engage in joint projects while ensuring their business interests and confidential information remain protected. The agreement complies with Indonesian regulations, including trade secret protection laws and civil code requirements, making it suitable for both domestic and international business relationships. It's commonly used in situations involving business development, joint ventures, consulting arrangements, or any scenario where parties need to share sensitive information while establishing a working relationship. The document provides comprehensive protection by combining non-circumvention provisions to prevent business relationship interference, confidentiality obligations to protect sensitive information, and working terms to establish clear operational parameters.
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1. Parties: Identification and details of all parties entering into the agreement
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Purpose and Scope: Clear statement of the agreement's objectives and scope of application
5. Confidentiality Obligations: Detailed provisions regarding the protection and handling of confidential information
6. Non-Circumvention Provisions: Terms preventing parties from bypassing each other in business dealings
7. Working Relationship: Terms governing the working arrangement between parties
8. Duration and Term: Period of effectiveness and renewal provisions
9. Compensation and Payment Terms: Financial arrangements and payment conditions
10. Intellectual Property Rights: Protection and ownership of IP related to the working relationship
11. Breach and Remedies: Consequences of breach and available remedies
12. Termination: Conditions and procedures for terminating the agreement
13. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction details
14. General Provisions: Standard clauses including notices, amendments, and severability
1. Non-Solicitation: Additional provisions preventing parties from soliciting each other's employees or clients
2. Data Protection: Specific provisions for handling personal data, recommended when personal data processing is involved
3. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term working arrangements
4. Insurance Requirements: Specific insurance obligations, relevant for certain types of working arrangements
5. Dispute Resolution: Alternative dispute resolution mechanisms such as mediation or arbitration
6. Compliance with Laws: Specific regulatory compliance requirements for regulated industries
7. Training and Support: Details of any training or support to be provided, relevant for specific working arrangements
1. Schedule A - Confidential Information: Detailed list and categories of information deemed confidential
2. Schedule B - Scope of Work: Detailed description of services or work to be performed
3. Schedule C - Fee Schedule: Detailed breakdown of fees, payments, and payment terms
4. Schedule D - Authorized Representatives: List of authorized representatives for each party
5. Schedule E - Security Protocols: Specific procedures for handling confidential information
6. Appendix 1 - Reporting Requirements: Templates and requirements for regular reporting
7. Appendix 2 - Compliance Checklist: Checklist of compliance requirements and procedures
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