business

Nca

Non-Compete Agreement (NCA)

This Non-Compete Agreement (“Agreement”) is between the service provider (“Company”) and any/all Field Service Technician (“Employee” or “Recipient”).

1. Purpose

The purpose of this Agreement is to protect the legitimate business interests of the service provider, including but not limited to client relationships, trade secrets, and proprietary information that the Employee may access during their employment.

2. Non-Compete Obligations

In consideration of employment and continued access to Confidential Information, the Employee agrees that during the term of their employment and for a period of one (1) year following the termination of their employment, regardless of the reason for termination, they will not:

  • Directly Compete: Engage in, be employed by, or provide services to any business that directly competes with the Company in the field of computer repair, network support, IT consulting, or any other services offered by the Company.
  • Solicit Clients: Solicit, contact, or attempt to do business with any current or past clients of the Company for the purpose of providing services similar to those offered by the Company.
  • Solicit Employees: Recruit or attempt to hire any employees or contractors of the Company for a competing business or venture.

3. Scope of Agreement

  • Geographic Scope: This non-compete applies within a 50-mile radius of any office, service hub, or geographic area where the Company conducts business.
  • Duration: The non-compete restrictions shall be in effect during the Employee’s term of employment and for one (1) year after the employment ends.

4. Exceptions

This Agreement does not prevent the Employee from:

  • Working in a different field or industry that does not compete with the Company’s services.
  • Accepting a position with a company that offers services similar to the Company, provided the Employee does not work in a capacity that competes directly with the Company’s operations within the defined geographic area.
  • Offering services in areas where the Company does not operate or within geographic regions not covered by this Agreement.

5. Consideration

The Employee acknowledges that the Company’s agreement to provide access to Confidential Information, trade secrets, and client relationships is sufficient consideration for entering into this Agreement.

6. Confidential Information and Trade Secrets

In addition to the non-compete obligations, the Employee agrees to maintain the confidentiality of any proprietary or sensitive information acquired during employment, in accordance with the Company’s confidentiality policies or any Non-Disclosure Agreement (NDA) the Employee may have signed.

7. Enforceability

The Employee acknowledges that the restrictions contained in this Agreement are reasonable and necessary to protect the legitimate interests of the Company. If a court determines any portion is unenforceable, the parties agree that the court may modify the terms to make the Agreement enforceable while maintaining its intended purpose.

8. Remedies for Breach

In the event of a breach or threatened breach, the Company shall be entitled to seek injunctive relief in addition to any other legal remedies, including monetary damages. The Employee agrees that the harm caused to the Company by a breach would be irreparable and difficult to quantify.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state(s), counties, and municipalities in which the Company operates.

10. Entire Agreement

This Agreement constitutes the entire understanding between the Company and the Employee with respect to the subject matter hereof, superseding all prior agreements, understandings, or discussions, whether written or oral.

Employees/Recipients acknowledge that they have read, understood, and agree to abide by the terms and conditions of this Agreement.