Three wise monkeys (NDA)

A plain speaking NDA (non-disclosure agreement) for designers, developers and other creatives. See no evil, hear no evil, speak no evil.

Date: [date]

Between us [company name] and you [customer name].

Summary:

In short; neither of us will share any confidential information about each-other, by any means, with anyone else.

What’s confidential information?

It’s anything we write or say to each-other in a phone call, chat window, email or by any other method including smoke signals and telepathy. It might relate to a project, be about our businesses or something technical like a password. Nothing’s excluded. If we share it, it’s covered.

We’ll both keep shared information to ourselves and we won’t use it except for the reason it was shared. We’ll take every step to make sure it stays confidential too. We’ll keep confidential information safe and secure. This includes keeping files, access to online systems and any user names and passwords in such a way that they can’t fall into the wrong hands.

If we think that there’s even a possibility that any confidential information might have been compromised, we agree to tell each-other us right away so we can take all necessary steps to protect ourselves. We also agree to help each-other to resolve any problems that might arise if confidential information is compromised.

When this agreement ends, we’ll return any materials, physical or digital and delete any copies that we may have. We won’t forget to empty the trash can too.

So what can we say?

This agreement doesn’t apply to any information that’s already in the public domain or might become public by any other means. Although we hope that it will never happen, it also does not cover a situation where the police coming knocking at our doors and we’re required by law to disclose it.

How long does this agreement last?

Unless we’ve agreed otherwise — for example within a separate contract — this agreement lasts for one year from the last signature date down below. On or before that termination date, either of us can then specify items of confidential information that must never be disclosed. These might include a password or information about a project or our business.

But where’s all the horrible small print?

Just like a parking ticket, we can’t transfer this contract to anyone else without permission. If, for some reason, one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English and Welsh courts.

Oh and don't forget those men with big dogs.

The dotted line

Signed by and on behalf of [company name] Signed by and on behalf of [customer name] Date [date]

Everyone should sign above and keep a copy for their records.

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This is version 6, from 1 year ago.

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