Non-disclosure agreement form

The terms and conditions are as follows:

1. These terms and conditions constitute legal, valid and binding obligations of your organisation (the Agency).
2. The Agency agrees that it will:
   1. treat as confidential all information provided or otherwise made available to it by MBIE (including by way of access to the restricted area of this website or other web-based platform or service) that relates to any Contract and is not otherwise publicly available through no fault of the Agency (Confidential Information), and only use such Confidential Information in connection with purchasing products and services under any Contract (the Purpose);
   2. only disclose or provide access to Confidential Information to any of its officers, employees, contractors or agents (Personnel) on a need-to-know basis for the Purpose;
   3. take all reasonable steps to ensure that Confidential Information is protected from unauthorised disclosure and access, and is not available for viewing by Personnel who do not have a genuine need-to-know for the Purpose;
   4. not disclose or provide access to, and ensure that its Personnel do not disclose or provide access to, Confidential Information to any other person, except to any accounting, legal or technical professional for the purpose of providing professional services to the Agency in relation to the Purpose, but only if the recipient or user has given a prior written undertaking to the Agency on terms substantially similar to these terms and conditions;
   5. not disclose or provide access to Confidential Information to other suppliers, nor use Confidential Information to support any negotiations outside of the All-of-Government programme;
   6. destroy or return to MBIE Confidential Information and related login details (including user names and passwords) at MBIE’s request; and
   7. consult with MBIE before disclosing or providing access to any Confidential Information to any third party where it is required by law to disclose or provide access to that information.
3. The Agency acknowledges that a breach of these terms and conditions may result in irreparable damage for which monetary damages would not be an adequate remedy, and the Agency agrees that MBIE may apply for injunctive relief against such a breach or threatened breach in addition to other available remedies.
4. The Agency acknowledges that, in order to purchase any products or services under any Contract, it will be required to become a party to the memorandum of understanding for each applicable Contract.
5. The obligations in these terms and conditions continue indefinitely (or until such time as notified by MBIE in writing).
6. To confirm your acceptance of the terms and conditions in this NDA for and on behalf of the Agency, please check the box below and submit this form.
7. By submitting this NDA you represent, warrant and undertake that you have the full power, capacity and authority to accept these terms and conditions for and on behalf of your Agency. If you do not have the requisite authority to bind your Agency, please forward this NDA to the appropriate delegated authority holder within your Agency.

We will be in touch soon. If, in the meantime, you have any questions about this NDA, email us.