NCNDA agreement stands for Non-circumvent and Non-Disclosure.
Post 1 of 15
Can anybody help me to know about the NCNDA agreement? I am confused about it. Please tell me it in detail. Thanks in advance.
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01 Sep 2006 01:26
Post 2 of 15
Replying to [Vijit]:Contact me and i'll give you a sample
07 Sep 2006 00:22
Post 3 of 15
Replying to [Vijit]:
NCNDA stands for Non-circumvent and Non-Disclosure Agreement. In a very short explanation, It is a document to prevent those parties involved to disclose and circumvent the relevant parties to reach the end buyer or end seller.
But as this site restricts the size of the mail to not more than 4000 characters, i wont be able send you the sample. So I am just enclosing a few portions of the sample for your reference.
NCNDA of ICC
INTERNATIONAL CHAMBER OF COMMERCE (I.C.C.) NON-CIRCUMVENTION, NON-DISCLOSURE WORKING AGREEMENT
WHEREAS, the undersigned wish to enter into this agreement to define certain parameters of the future legal obligations, are bound by a duty of confidentiality with respect to their sources and contacts.
WHEREAS, the undersigned desire to enter a working business relationship to the mutual and common benefit of the parties hereto, including their affiliates, subsidiaries, stockholders, partners, co-ventures, trading partners, and other associated organizations (herein after referred to as affiliates).
NOW THEREFORE in consideration of the mutual promises, assertions and covenants herein and other good and valuable considerations, the receipts of which is acknowledged hereby, the parties hereby agree as follows:
I. TERMS AND CONDITIONS :
1. The parties will not in any manner, solicit, nor accept any business in any manner from sources nor their affiliates, which sources were made available through this agreement, without the express permission of the party who made available the source and,
2. The parties will maintain complete confidentiality regarding each other?s business sources and/or their affiliates and will disclose such business sources only to named parties pursuant to the express written permission of this party who made available the source; and
3. That they will not in any of the transactions the parties are desirous of entering into and do, to the best of their abilities assure that the transaction codes established will not be affected and
4. That they will not disclose names, addresses, email address, telephone and facsimiles or telex numbers to any contacts by either party to third parties and that they each recognize such contracts as the exclusive property of the respective parties and that they will not enter into any direct negotiations or transactions with such contracts revealed by the other party and
5. That they further undertake not to enter into business transaction with banks, investors, sources of funds or other bodies, the names of which have been provided by one of the parties to this agreement, unless written permission has been obtained from the other party(ies) to do so. For the sake of this agreement, it does not matter whether information obtained from a natural or a legal person. The parties also undertake not to make use of a third party to circumvent this clause.
NCNDA stands for Non-circumvent and Non-Disclosure Agreement. In a very short explanation, It is a document to prevent those parties involved to disclose and circumvent the relevant parties to reach the end buyer or end seller.
But as this site restricts the size of the mail to not more than 4000 characters, i wont be able send you the sample. So I am just enclosing a few portions of the sample for your reference.
NCNDA of ICC
INTERNATIONAL CHAMBER OF COMMERCE (I.C.C.) NON-CIRCUMVENTION, NON-DISCLOSURE WORKING AGREEMENT
WHEREAS, the undersigned wish to enter into this agreement to define certain parameters of the future legal obligations, are bound by a duty of confidentiality with respect to their sources and contacts.
WHEREAS, the undersigned desire to enter a working business relationship to the mutual and common benefit of the parties hereto, including their affiliates, subsidiaries, stockholders, partners, co-ventures, trading partners, and other associated organizations (herein after referred to as affiliates).
NOW THEREFORE in consideration of the mutual promises, assertions and covenants herein and other good and valuable considerations, the receipts of which is acknowledged hereby, the parties hereby agree as follows:
I. TERMS AND CONDITIONS :
1. The parties will not in any manner, solicit, nor accept any business in any manner from sources nor their affiliates, which sources were made available through this agreement, without the express permission of the party who made available the source and,
2. The parties will maintain complete confidentiality regarding each other?s business sources and/or their affiliates and will disclose such business sources only to named parties pursuant to the express written permission of this party who made available the source; and
3. That they will not in any of the transactions the parties are desirous of entering into and do, to the best of their abilities assure that the transaction codes established will not be affected and
4. That they will not disclose names, addresses, email address, telephone and facsimiles or telex numbers to any contacts by either party to third parties and that they each recognize such contracts as the exclusive property of the respective parties and that they will not enter into any direct negotiations or transactions with such contracts revealed by the other party and
5. That they further undertake not to enter into business transaction with banks, investors, sources of funds or other bodies, the names of which have been provided by one of the parties to this agreement, unless written permission has been obtained from the other party(ies) to do so. For the sake of this agreement, it does not matter whether information obtained from a natural or a legal person. The parties also undertake not to make use of a third party to circumvent this clause.
10 Sep 2006 16:38
Post 4 of 15
Replying to [Vijit]:
DEAR VIJIT,
I WOULD BE MUCH OBLIGED IF YOU WOULD KINDLY SEND ME THE SAMPLE OF NCNDA,
REGARDS,
MASH
DEAR VIJIT,
I WOULD BE MUCH OBLIGED IF YOU WOULD KINDLY SEND ME THE SAMPLE OF NCNDA,
REGARDS,
MASH
19 Sep 2006 09:04
Post 5 of 15
Replying to [Vijit]:
Please advise your email, I will send you the SAMPLE OF
NCNDA
Best Regards
Muhammad Aslam Memon
ID int786
Please advise your email, I will send you the SAMPLE OF
NCNDA
Best Regards
Muhammad Aslam Memon
ID int786
20 Sep 2006 10:18
Post 6 of 15
Replying to [Vijit] i urgently need a ncnda sample, because i am close to make business with different companies, acting as a middle man. please, could you be so kind to forward the sample to me? thanks a lot!
11 Oct 2006 08:07
Post 7 of 15
Replying to [julianap]: please could you forward the sample to me, too? thank you very much!
11 Oct 2006 08:09
Post 8 of 15
Replying to [Vijit]:Contact me via TradeManager .I need your e-mail to can send the NCNDA
12 Oct 2006 11:55
Post 9 of 15
Replying to [Vijit]: PLEASE NOTE THE DETAILS IN TWO PARTS
Non-disclosure non-circumvention agreement example NCND Agreement
Whereas each signatory Party possesses certain information not known by any other Party Whereas the parties are initially desirous or conducting various business transactions in contact with any third Party introduced by other Party to this agreement, except for the mutual benefit of all Parties and The undersigned Parties agree in the consideration of the foregoing promises to abide by the following terms and conditions
1 Non-Circumvention Each Party agrees not to directly or indirectly contact deal with transact or otherwise be involved with any corporation partnership proprietorships trust individuals or other entities introduced by either Party without the specific written permission of the introducing Party
2 Each Party agrees not to directly or indirectly circumvent avoid or bypass each other regarding any renewals corporation partnerships proprietorships trusts or other entities introduced by either Party
3 Non- Disclosure Each Party agrees not to disclose or otherwise reveal to any third Party the identities addresses telephone numbers facsimile numbers E-mail addresses telex numbers bank codes account numbers financial reference or any other entities introduced by either Party to the other without the specific written permission of the introducing Party
4 Terms This Agreement is valid for the following term Five (5) years from the date of signing of this agreement
5 Parties bound This Agreement shall be binding upon all undersigned Parties and their heirs successors associates affiliates and assigns Each Party shall take reasonable steps to ensure that their Employees Agents Representatives Officers Independent Contractors Shareholders Principals and other third Parties abide by the provisions of this Agreement
6 Notice All notices demands consists or requests given by the Parties shall be in writing transmitted by telecopier or other means of facsimile transmission with return confirmation requested postage prepaid to the other Party at the last facsimile number or address the Party has designated by notice here in Notice shall be considered to have been given
7 Language The language in all the Agreement shall be in all cases constructed simply according to its fair meaning and not strictly for or against of the Parties and it is agreed that the English language is used
8 Severability Should any portion of this Agreement be declared invalid or unenforceable then such portion shall be deemed to be severable from this Agreement and shall not effect the remainder hereof
9 Integration This Agreement constitutes the entire Non Circumvention Agreement between the Parties and supersedes all prior discussion, negotiations and Agreements whether oral or written The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement
10 Amendments Any change or amendment to this Agreement, including oral modification supported by new consideration must be reduced to writing and signed by all Parties before it will be effective
Non-disclosure non-circumvention agreement example NCND Agreement
Whereas each signatory Party possesses certain information not known by any other Party Whereas the parties are initially desirous or conducting various business transactions in contact with any third Party introduced by other Party to this agreement, except for the mutual benefit of all Parties and The undersigned Parties agree in the consideration of the foregoing promises to abide by the following terms and conditions
1 Non-Circumvention Each Party agrees not to directly or indirectly contact deal with transact or otherwise be involved with any corporation partnership proprietorships trust individuals or other entities introduced by either Party without the specific written permission of the introducing Party
2 Each Party agrees not to directly or indirectly circumvent avoid or bypass each other regarding any renewals corporation partnerships proprietorships trusts or other entities introduced by either Party
3 Non- Disclosure Each Party agrees not to disclose or otherwise reveal to any third Party the identities addresses telephone numbers facsimile numbers E-mail addresses telex numbers bank codes account numbers financial reference or any other entities introduced by either Party to the other without the specific written permission of the introducing Party
4 Terms This Agreement is valid for the following term Five (5) years from the date of signing of this agreement
5 Parties bound This Agreement shall be binding upon all undersigned Parties and their heirs successors associates affiliates and assigns Each Party shall take reasonable steps to ensure that their Employees Agents Representatives Officers Independent Contractors Shareholders Principals and other third Parties abide by the provisions of this Agreement
6 Notice All notices demands consists or requests given by the Parties shall be in writing transmitted by telecopier or other means of facsimile transmission with return confirmation requested postage prepaid to the other Party at the last facsimile number or address the Party has designated by notice here in Notice shall be considered to have been given
7 Language The language in all the Agreement shall be in all cases constructed simply according to its fair meaning and not strictly for or against of the Parties and it is agreed that the English language is used
8 Severability Should any portion of this Agreement be declared invalid or unenforceable then such portion shall be deemed to be severable from this Agreement and shall not effect the remainder hereof
9 Integration This Agreement constitutes the entire Non Circumvention Agreement between the Parties and supersedes all prior discussion, negotiations and Agreements whether oral or written The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement
10 Amendments Any change or amendment to this Agreement, including oral modification supported by new consideration must be reduced to writing and signed by all Parties before it will be effective
13 Oct 2006 14:50
Post 10 of 15
Replying to [Vijit]: PART TWO OF NCND AGREEMNET
11. Waiver: No waiver or default of any of this agreement by any party shall be implied from any omission of such party to take action against the defaulting party. One or more waivers of any covenant, terms or condition of this agreement by any party shall not be considered to be waiver of render unnecessary consent or approval of said party of any subsequent or similar acts or omission.
12. Arbitration: Any controversy or claim arising out of this agreement which is not settled between the parties themselves, shall be settled by arbitration in accordance with the international chamber of commerce (ICC) rules and arbitration is the nearest regional or ICC non-circumvention and non-disclosure laws and binding for all undersigned parties and their associates, affiliated, employees, agents holders, principals, heirs, successors, assigns and other third parties.
13. Attorney's Fees: If any party files any action or brings any proceeding against other arising from this agreement, or is made a party to any action or proceeding arising from this agreement, the prevailing party shall be entitled to recover as an element of their cost to suit and not as damages reasonable attorney's fees to be fixed by the court, arbitrator or adjudicative authority. The prevailing party shall be the party entitled to recover their cost to suit or arbitration, whether or not entitled to recover costs.
14. Relationship: The Parties hereto shall not be deemed to be Partners or Joint Ventures and no Party shall be liable for any other Party's commitments or liabilities resulting from execution of this Agreement. Force and defect of Document: The Parties here to agree that a signed telefax or other facsmile copy of this Agreement shall have the same force and effect and as the original of this document.
15. Force and Effect of Documents: The Parties hereto agree that a signed telefax or other facsimile copy of this Agreement shall have force and effect as the original of this document.
IN WITNESS WHEREOF, the Parties hereto execute this Agreement by their auhorized document.
ENTITY/PERSON :
Signature:
Date :
ENTITY/PERSON :
Signature
Date :
ENTITY/PERSON :
Signature
Date :
11. Waiver: No waiver or default of any of this agreement by any party shall be implied from any omission of such party to take action against the defaulting party. One or more waivers of any covenant, terms or condition of this agreement by any party shall not be considered to be waiver of render unnecessary consent or approval of said party of any subsequent or similar acts or omission.
12. Arbitration: Any controversy or claim arising out of this agreement which is not settled between the parties themselves, shall be settled by arbitration in accordance with the international chamber of commerce (ICC) rules and arbitration is the nearest regional or ICC non-circumvention and non-disclosure laws and binding for all undersigned parties and their associates, affiliated, employees, agents holders, principals, heirs, successors, assigns and other third parties.
13. Attorney's Fees: If any party files any action or brings any proceeding against other arising from this agreement, or is made a party to any action or proceeding arising from this agreement, the prevailing party shall be entitled to recover as an element of their cost to suit and not as damages reasonable attorney's fees to be fixed by the court, arbitrator or adjudicative authority. The prevailing party shall be the party entitled to recover their cost to suit or arbitration, whether or not entitled to recover costs.
14. Relationship: The Parties hereto shall not be deemed to be Partners or Joint Ventures and no Party shall be liable for any other Party's commitments or liabilities resulting from execution of this Agreement. Force and defect of Document: The Parties here to agree that a signed telefax or other facsmile copy of this Agreement shall have the same force and effect and as the original of this document.
15. Force and Effect of Documents: The Parties hereto agree that a signed telefax or other facsimile copy of this Agreement shall have force and effect as the original of this document.
IN WITNESS WHEREOF, the Parties hereto execute this Agreement by their auhorized document.
ENTITY/PERSON :
Signature:
Date :
ENTITY/PERSON :
Signature
Date :
ENTITY/PERSON :
Signature
Date :
13 Oct 2006 14:52
Post 11 of 15
Replying to [Vijit]: SOME MORE INSIGHT ON
Non-Circumvention Non-Disclosure Agreement (NCND):
An agreement between two or more parties specifying that none of the parties will go around each other to transact directly with the originator of the transaction, nor will any of the parties disclose the particulars of the transaction covered by the agreement. The terms of the agreement normally include a specified period of time during which the agreement will remain in force, and make allowances for disclosure on the part of one party to the agreement with written permission from the other parties. NCND's are enforceable in civil court.
NCND's are used for any type of transaction in which an agent wishes to protect his commissions and contacts, or when proprietary information needs to be kept discreetly between agreeing parties.
The Scam: In the UNDERGROUND NETWORK NCND's are handed out right, left, and center. It is the very first request from one INTERMEDIARY to another. Often everything is crammed into one of these NCND's so that they may run several pages, with the signatory page being rife with parties to the agreement. Even commission figures are sometimes included, although commissions are part of a separate agreement in the normal course of business.
One sure-fire way to spot a phony NCND is by a referral to the INTERNATIONAL CHAMBER OF COMMERCE (ICC) . The UCP500 is a booklet that outlines standard practices for DOCUMENTARY CREDITS and has absolutely nothing to do with NCND's.
Non-Circumvention Non-Disclosure Agreement (NCND):
An agreement between two or more parties specifying that none of the parties will go around each other to transact directly with the originator of the transaction, nor will any of the parties disclose the particulars of the transaction covered by the agreement. The terms of the agreement normally include a specified period of time during which the agreement will remain in force, and make allowances for disclosure on the part of one party to the agreement with written permission from the other parties. NCND's are enforceable in civil court.
NCND's are used for any type of transaction in which an agent wishes to protect his commissions and contacts, or when proprietary information needs to be kept discreetly between agreeing parties.
The Scam: In the UNDERGROUND NETWORK NCND's are handed out right, left, and center. It is the very first request from one INTERMEDIARY to another. Often everything is crammed into one of these NCND's so that they may run several pages, with the signatory page being rife with parties to the agreement. Even commission figures are sometimes included, although commissions are part of a separate agreement in the normal course of business.
One sure-fire way to spot a phony NCND is by a referral to the INTERNATIONAL CHAMBER OF COMMERCE (ICC) . The UCP500 is a booklet that outlines standard practices for DOCUMENTARY CREDITS and has absolutely nothing to do with NCND's.
13 Oct 2006 15:05