Non-Disclosure Agreement

Last updated: January 2025 · Mutual NDA — applies to both parties

Note: This NDA is automatically incorporated into our engagement by reference in our Terms of Service. No separate signature is required. If you require a separately executed NDA, please contact us.

1. Parties

This Non-Disclosure Agreement ("Agreement") is between:

  • Disclosing Party / Receiving Party 1: Sport Solutions (ABN 89 954 187 272), Queensland, Australia
  • Disclosing Party / Receiving Party 2: The Client, as identified in the accepted quote or service agreement

This is a mutual NDA — both parties may disclose and receive Confidential Information, and both are bound by the same obligations.

2. Confidential information

"Confidential Information" means any information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure, including:

  • Business strategies, financial information, pricing, and commercial arrangements
  • Technical information, source code, system architecture, and methodologies
  • Member data, club operations, and internal processes
  • Project requirements, designs, and deliverables prior to public release
  • Login credentials and access information

3. Obligations

Each party agrees to:

  • Keep Confidential Information strictly confidential
  • Not disclose Confidential Information to any third party without prior written consent
  • Use Confidential Information only for the purpose of the engagement
  • Protect Confidential Information with at least the same degree of care used to protect its own confidential information (no less than reasonable care)
  • Promptly notify the disclosing party of any actual or suspected unauthorised disclosure

4. Exclusions

Obligations do not apply to information that:

  • Is or becomes publicly known through no breach of this Agreement
  • Was already known to the receiving party before disclosure
  • Is independently developed by the receiving party without use of Confidential Information
  • Is required to be disclosed by law or court order (the disclosing party must be given reasonable notice)

5. Term

This Agreement remains in effect for the duration of the engagement and for 3 years following its conclusion or termination. Obligations relating to trade secrets continue indefinitely.

6. Return of information

Upon request or termination of the engagement, each party will promptly return or destroy all Confidential Information of the other party, including copies, and certify in writing that this has been done.

7. Remedies

Both parties acknowledge that breach of this Agreement may cause irreparable harm for which monetary damages would be inadequate. Either party may seek injunctive or other equitable relief in addition to other available remedies.

8. Governing law

This Agreement is governed by the laws of Queensland, Australia.

Request a signed NDA

If your organisation requires a formally executed NDA prior to sharing sensitive information, please contact us and we'll arrange a signed copy.

contact@sportsolutions.com.au