Non-Disclosure Agreement / Confidentiality Agreement

WHEREBY IT IS AGREED

The prospective ‘Purchaser’ is the Name of the person completing this form and their company and or its associates.

The ‘Broker’ is the representative of Essential Business Service (Australia) Pty Ltd.

The ‘Vendor’ is the person or company offering their business for sale and have engaged Essential Business Services (Australia) Pty Ltd to assist in completing as business sale transaction.

In consideration of the Vendor and the Broker disclosing, making available or handing to the Prospective Purchaser or to any other person at the Purchaser’s direction, or the purchaser disclosing confidential information to an Authorised advisor, confidential information and the identity of the business. The confidential information disclosed, is disclosed solely for the purpose of the Prospective Purchaser to carry out due diligence on the Business and is not disclosed for any other purpose.

The Prospective Purchaser and their advisors HEREBY AGREE with the Vendor and the Broker that they will not WITHOUT THE PRIOR WRITTEN CONSENT OF Essential Business Services (Aust) Pty Ltd:

• contact or deal directly with the Vendor, staff, suppliers, customers, landlord, managing agent and/or any other person involved/associated with the business.
• visit the premises of the business.
• disclose any confidential information, whether in Victoria, Australia or elsewhere, to any other persons;
• use the confidential information obtained in any way including in competition or to the detriment of the vendor, business or agent and to hold the information in strict confidence to protect its confidential nature and secrecy;
• allow any person to inspect, view, take extracts or copy any part of the confidential information;
• use the confidential information or any part of it in any way, unless needing to comply with any applicable law or legally binding order;

ACKNOWLEDGEMENTS BY THE PROSPECTIVE PURCHASER

The Prospective Purchaser HEREBY ACKNOWLEDGES that:

• they must destroy or return all such confidential information to the Broker within a reasonable time if required or if the Prospective Purchaser should decide not to purchase the business;

• they are bound by this agreement and its terms;

• if they buy the business, they will do so through Essential Business Services (Aust) Pty Ltd

The Confidential Information has been compiled from material, information and un-audited financial records properly obtained by the Broker from the Vendor or the Vendor’s accountants or advisers.

Essential Business Services (Aust) Pty Ltd, takes no responsibility for the accuracy of the said information, furthermore Essential Business Services (Aust) Pty Ltd are not accountants, valuers, investors or financial advisers;

The Vendor, his employees or the Broker will suffer loss and/or damage from any breach by the Prospective Purchaser of any of his obligations under this agreement and in turn will have the ability to claim for damages if the above terms are not met;

The Broker has been solely instrumental in the introduction of the Business to the Prospective Purchaser and will suffer loss or damage if the Prospective Purchaser contacts or attempts to deal directly with the Vendor, or another agent; The Vendor and the Broker have the right to issue the Confidential Information to any other person at their discretion;

The terms and conditions of this agreement shall continue to have full force and effect for any other business request and after the business(es) is/are sold. .

By completing the following form, you agree to the terms and conditions as detailed in our confidentiality agreement at the bottom of this form.
You agree not to disclose, copy, forward or release any of the confidential financial information and intellectual property as described in our confidentiality agreement.
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