CONFIDENTIALITY and FIDUCIARY RESPONSIBILITY AGREEMENT

 

I agree to the following terms of agreement having accepted that by my association with Storm Scaffolding will be by engagement as a contractor, employee, associate or otherwise.  For the purpose of this document, Storm Scaffolding includes Storm Scaffolding Pty Ltd and its related companies or entities and is deemed to be an indefinite agreement for the duration of my engagement or relationship with Storm Scaffolding.

I agree that any information to do with Storm Scaffolding, associated companies or entities, it’s directors, staff, clients, suppliers or other is to be kept secret and confidential and that I will exercise all due care to ensure that, even if that information is public domain. This also includes all endeavours being considered by the company, it’s Managers or Directors on behalf of Storm Scaffolding, or its key personnel or related entities.

 

That information will include (but not exclusively):

Intellectual property

Management Systems, Marketing plans and strategies

Supplier information and services

All other information that has to do with Storm Scaffolding, its staff, contractors, clients, suppliers or other business association.

 

RE: CLIENTS specifically.

All information to do with clients whether current, pending, and potential or other third party whether verbal or documented.

 

I will not make any such information available without the express written consent of the directors of Storm Scaffolding and that this agreement is binding over following any termination of my relationship with Storm Scaffolding.

 

I undertake upon termination of my relationship with Myriad 1 that I will return all documents, manuals, etc. that have come into my possession.  I also agree to declare any commercial, business, financial or personal interest in any client company or Storm Scaffolding or its related companies.

 

Matters that are not business related, that may come to my attention that may be of a personal matter are also to be kept confidential. (i.e. family matters, personal information, etc)

 

I will not engage in any conduct that may compromise the company, its personnel or its interests and breach any fiduciary responsibility I or other officers of the company may have.  I will also inform management immediately as I become aware, of any conduct or activity which may affect the company detrimentally as aforementioned.

 

I will fulfil my duties as I have been engaged in and will not breach any fiduciary responsibility I may have toward the company or its affiliates.  I will only use company funds and accounts and assets as authorized by management and as agreed to by the director and managers.

 

My conduct and dealings as an employee, contractor or associated affiliate will at all times be honest and legal and in the interests of the company.

 

I will not compete with this company or its affiliate entities or approach any of its existing clients either during my employment or engagement as a contractor or for a minimum period of 12 months thereafter.  I will also refrain from luring any personnel from Storm Scaffolding without written approval from the director.

 

I accept that any contravention of this undertaking may result in suspension with or without pay, termination and also other legal action and remedy being taken against me by Storm Scaffolding or other related parties including clients. This agreement may be amended from time to time as required by management.  Any such amendment will be subject to agreement and signed.  If it is not possible to reach agreement then either party may terminate the relationship with reasonable notice. The above conditions will still remain.  Commencement of employment will deem my acceptance of the conditions stated herein and I will be bound by them.

 

I agree that upon cessation, termination or resignation of my work with Storm Scaffolding, I will return all plant, equipment, documentation, workbooks, Intellectual Property etc as required by Storm Scaffolding to Storm Scaffolding Head Office or their agreed representative immediately and will not use or make available to anyone else documentation or intellectual property that belongs or originates with Storm Scaffolding without their express permission.  A breach of this trust and agreement will be subject to financial remedy and criminal charges.

 

The conditions of this agreement have been explained to me and I accept the terms of this agreement. I accept that until I sign this document or reach an acceptable agreement, I will be bound by the terms of this document if I accept the job.