Confidentiality Agreement for Sellers
Please complete this form before sharing confidential business information with NDIS Business Brokers Pty Ltd. The electronic acceptance of this agreement forms a binding confidentiality agreement between the person named below and NDIS Business Brokers Pty Ltd, ensuring the protection of sensitive business data, including financial records, profit and loss statements, balance sheets, and client information.
Seller Information
- Full Name:
- Email:
- Phone:
- Business Name:
- Business Address:
I Agree To Be Bound By the Terms Below
Signature: ___________________
Seller Information
Terms and Conditions of Confidentiality
1. Confidentiality Obligations
1.1 The Recipient (NDIS Business Brokers Pty Ltd) undertakes to keep secret and protect all Confidential Information provided by the Seller. Without limiting this obligation, the Recipient must not:
- Use or disclose any Confidential Information for any purpose other than facilitating the potential sale of the Seller’s business.
- Allow unauthorised persons to access, display, reproduce, or store the Confidential Information.
1.2 The Recipient must take reasonable steps to enforce confidentiality obligations under this agreement.
2. Disclosure to Third Parties
2.1 The Recipient may only disclose Confidential Information to potential buyers who have:
- Signed a separate Non-Disclosure Agreement (NDA) with NDIS Business Brokers Pty Ltd.
- A genuine interest in acquiring the Seller’s business.
2.2 The Recipient must ensure that:
- Any party receiving the Confidential Information is aware of its confidential nature.
- Any third-party recipients comply with this agreement.
3. Return or Destruction of Confidential Information
3.1 Upon written request by the Seller, the Recipient must:
- Return, destroy, or erase all forms of Confidential Information.
- Ensure all digital and physical copies are securely disposed of.
3.2 The obligation of confidentiality remains even after the information is returned or destroyed.
4. Disclaimer
4.1 The Seller acknowledges that:
- The Recipient makes no representations or warranties about the accuracy or completeness of the Confidential Information.
- The Seller must independently verify all shared information.
4.2 The Recipient is not liable for any loss or damage suffered by the Seller due to actions taken based on shared Confidential Information.
5. Breach and Indemnity
5.1 The Recipient must immediately notify the Seller of any unauthorised disclosure.
5.2 The Recipient indemnifies the Seller against any losses or damages resulting from a breach of this agreement.
5.3 The Seller acknowledges that damages may not be an adequate remedy, and the Seller is entitled to seek legal action if confidentiality is breached.
6. Term of Agreement
6.1 This agreement is effective from the date the Confidential Information is first disclosed and remains in force until all information becomes public or the parties agree in writing to terminate confidentiality obligations.
7. Governing Law
7.1 This agreement is governed by the laws of the State in which the business operates, and both parties submit to the jurisdiction of the courts in that State.
8. Definitions
- Confidential Information: Any business records, financial statements, client lists, operational data, and other proprietary information shared by the Seller.
- Recipient: NDIS Business Brokers Pty Ltd and its authorised representatives.
- Seller: The business owner or authorised representative providing the Confidential Information.
- Purpose: The assessment, valuation, and potential sale of the Seller’s business.