ops@bardwood.co.uk
020 3318 9646

Welcome to BardWood Support Services

CONFIDENTIALITY AGREEMENT
BETWEEN:
  •   BardWood Support services, [a company registered in England and Wales whose registered office is at Woodland Place, Hurricane Way, Wickford, Essex, SS11 8YB and
WHEREAS:
  •   This Agreement is supplemental to the employment contract and terms of employment dated between the Employer and the Employee.
  •   The Employee agrees to the following addition to his contract of employment with the Employer contained in the abovementioned document.

IT IS AGREED as follows:

1. Definitions and Interpretation

1.1  In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:

“Confidential Information”  means all information relating to the organisation, finances, processes, specifications, methods, designs, formulae, technology, business activities and personnel details concerning BardWood support services.

1.2 Unless the context otherwise requires, each reference in this Agreement to:

1.2.1  “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

1.2.2  a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

1.2.3  “this Agreement” is a reference to this Agreement and each of the Schedules as amended or supplemented at the relevant time;

1.2.4  a Clause or paragraph is a reference to a Clause of this Agreement (other than the Schedules) or a paragraph of the relevant Schedule;

1.2.5  a "Party" or the "Parties" refer to the parties to this Agreement; and

1.2.6  references to either gender shall include the other gender.

1.3 The headings used in this Agreement are for convenience only and shall have no effect upon the interpretation of this Agreement.

1.4 Words imparting the singular number shall include the plural and vice versa.

2. Operative Provisions

2.1  The Employer has entered into an agreement with its customers for the PROVISION OF STAFF in the performance of which various of the Employer’s staff including the Employee will be provided with or obtain Confidential Information in respect of Customer requirements.

2.2  Except as authorised or required by his duties the Employee shall keep secret and shall not use or disclose and shall use his reasonable endeavours to prevent the use or disclosure by or to any person of any of the Confidential Information which comes to his knowledge during his employment.

2.3  The restriction in sub-Clause 2.2 shall apply during the Employee’s employment and after termination of employment by either party for a period of one year, but shall cease to apply to information or knowledge which the Employee establishes has in its entirety become public knowledge otherwise than through any unauthorised disclosure or other breach on his part of that restriction.

2.4  All records in any medium (whether written, verbal, electronic or otherwise) including accounts, documents, drawings and private notes about the employers customers and it’s business and all copies and extracts of them made or acquired by the Employee in the course of his employment shall (without prejudice to any other agreement between the Employer and the Customer) be:

2.4.1  the property of the Employer;

2.4.2  used for the purpose of the Employer only;

2.4.3  returned to the Employer on demand at any time; and

2.4.4  returned to the Employer without demand on the termination of the Employee’s employment.

2.5  No person other than the Employer and the Employee shall acquire any enforceable rights under or in connection with this agreement.

3. Non-Assignment of Agreement

No Party may assign, transfer, sub-contract, or in any other manner make over to any third party the benefit and/or burden of this Agreement without the prior written consent of the other Party or Parties.

4. Communication

4.1  All notices under this Agreement shall be in writing and be deemed duly given if signed by the Party giving the notice or by a duly authorised officer thereof, as appropriate.

4.2  Notices shall be deemed to have been duly given:

4.2.1  when delivered, if delivered by courier or other messenger (including registered mail); or

4.2.2  when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or

4.2.3  on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or

4.2.4  on the tenth business day following mailing, if mailed by airmail, postage prepaid.

4.3  All notices under this Agreement shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party

5. Force Majeure

No Party to this Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

6. Severance

The Parties agree that, in the event that one or more of the provisions of this Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.

7. Law and Jurisdiction

7.1  This Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

7.2  Any dispute, controversy, proceedings or claim between the Parties relating to this Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

IN WITNESS WHEREOF this Agreement has been duly executed the day and year first before written
Signed By*
Name of employee *
National Insurance Number*
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