Effective Date: 25-05-2024
This Confidentiality and Non-Compete Agreement (“Agreement”) is entered into by and between ElectroTech Rewa, a home appliances service provider based in Rewa, Madhya Pradesh, India (“Company”), and the technician or service provider (“Technician”) engaged by the Company.
This Agreement aims to protect the Company’s confidential information and customer relationships by restricting direct interactions between the Technician and customers outside of Company oversight.
1. Confidentiality
1.1 Definition of Confidential Information
“Confidential Information” includes:
- Customer names, addresses, and contact details.
- Order details, history, and customer preferences.
- Company pricing, marketing strategies, and internal operations.
1.2 Obligations of Technician
The Technician agrees to:
- Keep all Confidential Information private and not share it with unauthorized people.
- Only use Confidential Information as necessary to perform services assigned by the Company.
Example: If the Technician receives a customer’s contact information from ElectroTech Rewa to set up a service appointment, they should only use this information for the assigned task. The Technician must not save or use the information to contact the customer later for personal business.
2. Non-Compete
2.1 Non-Competition During Engagement
While working with the Company, the Technician agrees not to:
- Provide services to any Company-referred customers independently of the Company.
- Accept payments or provide services privately to customers the Company has referred.
Example: Suppose a Technician is sent by ElectroTech Rewa to repair a customer’s washing machine. After completing the repair, if the Technician offers their contact information to the customer for future repairs and asks the customer to contact them directly, it is a violation of this Agreement.
2.2 Non-Competition Post-Termination
For 12 months after ending their engagement with the Company, the Technician agrees not to:
- Contact any customers they served through the Company for offering competing services.
- Share any customer information with competitors or use it to gain private trade / independent business.
Example: If a Technician leaves ElectroTech Rewa, they should not call any former customers and offer direct repair services for 12 months after leaving the Company. This restriction helps protect ElectroTech Rewa’s business relationships with its customers.
3. Non-Solicitation of Customers
The Technician agrees that during their engagement, and for 12 months following termination, they will not:
- Persuade or induce customers to cancel their orders with the Company.
Example: If a Technician is unhappy with their commission, they should not tell customers that they can get a lower rate by canceling their order with ElectroTech Rewa and hiring the Technician directly. This would be considered unethical and a violation of this Agreement.
4. Breach of Agreement
If the Technician breaches this Agreement:
- The Company may terminate the Technician’s engagement immediately.
- The Company may seek damages for financial losses caused by the breach.
- The Company reserves the right to take legal action under applicable laws.
5. Governing Law
This Agreement is governed by the laws of Madhya Pradesh, India.
6. Acknowledgement and Acceptance
By signing below, the Technician confirms they understand and agree to follow the terms in this Agreement.
Technician’s Signature: _________________________
Date: _________________________
ElectroTech Rewa Representative’s Signature: _________________________
Date: _________________________