What is the name of your state? Florida
I'm just wondering if it is standard practice to require signing a "NON-cubed" (NONDISCLOSURE, NONSOLICITATION, NONCOMPETE) doccu similar to this one before a formal offer of employment is made or a formal in person interview is scheduled.
I was solicited by a recruiting firm for a 1-year 1099 contract for a very specific tech job. After a cursory telephone interview, The recruiter (who solicited me) definitely made it seem like I needed to rush to get this agreement signed and back to him before we proceeded with an in-person interview.
1: Is this normal practice BEFORE a formal job offer is made or interview is scheduled?
2: My biggest concern is in section 3. Does signing this agreement limit me from working in any field of "computer programming or analysis " (section 3d) at the end of the 1-year contract term
3: If I sign this agreement BEFORE I am made a formal offer and the company does not offer me the job, am I still bound by the agreement? (section 3d ..."for a period starting on the date of the executing of this agreement and continuing until two years after termination of this agreement."
Agreement below for review (so you can actually see it)
NONDISCLOSURE, NONSOLICITATION, NONCOMPETE AGREEMENT
The Agreement is made as of this Date by and between COMPANY, Inc.”) and SSN# ____________
With residence at ___________________________________________, herein after called the “contractor”.
That COMPANY is in the business of providing consulting services and from time to time desires to retain contractor to provide their employee/s to work on COMPANY’s projects/assignments. The contractor desires to be retained by COMPANY to perform such tasks and may receive or acquire confidential information during exploration of establishment of such relationship or after establishment of such relationship.
It is therefore agreed:
1. All knowledge, information, and material that contractor receives from COMPANY, concerning COMPANY or COMPANY business and every aspect thereof, is intended to be the trade secret and confidential and proprietary information of COMPANY or any COMPANY client. Contractor shall hold such information, (including, but not limited to, technological design, software research and development, ideas, plans, manufacturing processes, source codes, marketing strategies, client lists), in strictest confidence and shall not disclose same to others, nor use it in any way or permit others to use it in any way, commercially or otherwise, without the prior express consent of COMPANY.
2. Except as required in his/her duties to COMPANY or COMPANY client, contractor will never directly or indirectly, use, disseminate, disclose, lecture upon, or publish articles concerning COMPANY or COMPANY client business and any aspect thereof without the prior express consent of COMPANY.
3. Because of the sensitive nature of COMPANY’ work for its clients and the effort in which to attract these clients to COMPANY, contractor agrees that during their agreement with COMPANY and for a period of one (1) year after termination of agreement by the company, no matter how such termination has occurred, contractor shall not:
(a) Solicit or attempt to solicit, directly or indirectly, any person or entity which is, or is actively being solicited by or on behalf of COMPANY to become a customer or client of COMPANY at the time of such termination, wherever located, to offer services of any kind available from the company at the time of such termination.
(b) accept or attempt to accept any offer of assignment/project from any COMPANY client with which the Contractor may have come in contact as a result of this agreement, whether such assignment be on a part-time, full-time, independent contractor or any other basis without the written consent of COMPANY.
(c) discuss any fees or salaries paid by COMPANY to the Contractor for service or the fee COMPANY charges its customers with any persons other than designated COMPANY management personnel.
(d) Engage or attempt to engage in any activity directly or indirectly, for his/her own account or as Contractor, consultant, officer, director, partner, joint venture or otherwise, at COMPANY client or client remote site for the purpose of obtaining contracts or employment in any position of computer programming or analysis related to assignments Contractor is working on for a period starting on the date of the executing of this agreement and continuing until two years after termination of this agreement.
4. To further aid the company to enforce its rights hereunder, and without limitation of any Other remedies it may have for any breach by the Contractor of any of his/her obligations hereunder, the company shall be entitled to injunctive relief and an accounting in the event of any such breach or threatened breach.
5. If any provision of this Agreement or the application thereof to any party or circumstances shall be declared void, illegal or unenforceable by a court of law, the remainder of this Agreement shall be valid and enforceable to the extent permitted by applicable law. In such event, parties shall use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purpose intended under the invalid or unenforceable provision. Any deviation by either party from the terms and provisions of this Agreement in order to comply with applicable law, rules or regulations shall not be considered a breach of this Agreement.
6. This Agreement shall be construed under the laws of the State of Florida, USA and
any action brought as a result of the breach of this Agreement shall be brought in the State of Florida, USA or in such other proper jurisdiction as COMPANY may decide.
7. This contains the entire Agreement between the parties hereto and supersedes all previous negotiations, agreements and commitments in respect thereto, and shall not be released, discharged, changed or modified in any manner, except by instruments signed by duly authorized officers or representatives of each of the parties hereto. There are no representations or Agreements except herein provided.
8. It is further agreed that the Contractor shall exclusively be available to COMPANY for a period of two (2) full business days from the time of interview. If COMPANY does not confirm the assignment within two business days then the Contractor shall not have any binding “exclusive hold” requirements.
Contractor Signature COMPANYWhat is the name of your state?What is the name of your state?