Business Report

Request for Detailed Report

As with any commercial transaction, the Franchisor seeks to ensure that all interested parties are genuine. If you are genuinely looking for a business that provides lifestyle and income benefits such as that offered by Noosa Prestige Cleaning Services, then you will need to fill in the form following the confidentiality agreement.  Please note, in the commercial interests of our business, we reserve the right not to communicate with any persons at our discretion.

CONFIDENTIALITY AGREEMENT

RECITALS

 a)     The Prospective Purchaser requests the Franchisor in the sale of the Cleaning business to provide them with commercially sensitive information relative to the business.  (the “Disclosure”).

 b)     As a result of the Franchisor carrying out this request it is expected that the Franchisor will disclose information of a confidential and or proprietary nature, to the Prospective Purchaser.

 c)     The disclosure of any confidential and proprietary information provided by the Franchisor to the Prospective Purchaser may cause irreparable injury, loss or damage to the Franchisor. Considering in all cases the Franchisor’s need to trust that the Prospective Purchaser will NOT use the information to circumvent, compete with or disadvantage the Franchisor, the Prospective Purchaser agrees to act in good faith and keep the business identity confidential at all times, regardless of whether they purchase or not. 

 d)     To facilitate the exchange of information, the parties have agreed that any confidential or proprietary information provided by the Franchisor to the Prospective Purchaser will not be disclosed or used except in accordance with the terms of this Agreement.

 IT IS AGREED:

 1. DEFINITIONS AND INTERPRETATION

 1.1  In this Agreement unless the context otherwise requires:

 “Advisor” means any partner, board member, director, employee, or associate of the Prospective Purchaser;

 Confidential Information means any information passed as a result of the Disclosure regarding the current or future business ideas, interests or affairs of the Franchisor , any interests of the Franchisor or any person or entity with which the Franchisor or any such Related Body Corporate may deal or be concerned with, including (without limitation):

       (a)  advertising material including plans for promoting or marketing the business;

       (b)  research and development information pertaining to the business and its industry or market;

       (c)  manuals, notes, know-how, trade secrets, machinery, equipment or other proprietary information;

       (d)  database design, content, functionality or business information;

       (e)  operational or marketing procedures, techniques or information;

       (f)   accounting procedures or financial information;

       (h)  details of other business or projects of the Vendor

       (i)   prior disclosure documents inclusive of the Registration of Interest and Confidentiality Agreement

       (j)  designs, business colours, logos including websites, original content, vehicle sign writing

 and whether such information is communicated orally or in writing or by electronic, magnetic, electro magnetic or any other form or process and however such information was originated by or came into possession, custody, control or knowledge of the Vendor.

 “Related Body Corporate” has the meaning contained in section 50 of the Corporations Law.

 1.2  In this Agreement unless the context otherwise requires:

 a)     Reference to a person includes any other entity recognised by law and vice versa;

 b)     Words importing the singular number include the plural number and vice versa;

 c)     Words importing one gender include every gender;

 d)      Any reference to any of the parties by their defined terms includes that party’s executors, administrators or permitted assigns or, being a company, its successors or permitted assigns;

 e)       Every agreement or undertaking expressed or implied by which more than one person agrees or under takes any obligation or derives any benefit, binds or ensures the benefit of those persons jointly and each of them severally;

 f)      Clause headings are for reference purposes only;

 g)     Reference to a schedule is a reference to the Schedule to this Agreement.

 2.  CONFIDENTIALITY

 2.1     In consideration to the Vendor disclosing or making available to the Prospective Purchaser the Confidential Information, the Prospective Purchaser acknowledges the strict confidential and proprietary nature of the Confidential Information and agrees not to disclose or use the confidential information except in accordance with the terms of this Agreement and not as a competitor of the business or Franchisor .

 2.2     The Prospective Purchaser must not disclose, copy or otherwise make available the Confidential Information to any third party, except to such of the Prospective Purchaser’s Advisors as are approved by the Vendor or the Agent from time to time in writing, and them only to the extent that such Advisors need to know the same for the purpose of the Disclosure.

 2.3     As at the date of this Agreement the Advisors who are approved by the Franchisor or Agent to be Authorised to view any Confidential Information, are identified in the Schedule.

 2.4     The Prospective Purchaser must take all reasonable precautions as may be necessary to maintain the secrecy and confidentiality of the Confidential Information and to prevent unauthorised disclosure, including obtaining from the Advisors a written undertaking to comply with the Prospective Purchaser’s obligations to maintain secrecy and confidentiality and if required by the Franchisor, having the Advisors sign confidentiality agreements in a form acceptable to the Franchisor.

 3.  USE OF CONFIDENTIAL INFORMATION

 3.1   The Confidential Information must only be used by the Prospective Purchaser for the purpose and in the manner directed by the Franchisor and the Prospective Purchaser must not use or attempt to use the Confidential Information or any part thereof for their own benefit or for the benefit of a third party,

 3.2   The Prospective Purchaser will not disclose nor use, nor attempt to use any of the Confidential Information in any manner which may be caused or be calculated to cause injury, loss or damage to the Franchisor,

 3.3   The Prospective Purchaser will indemnify and will keep the Franchisor indemnified against any injury, loss or damage suffered or incurred by the Franchisor as a result of a breach by the Prospective Purchaser or their Advisors of the obligations set out in this Agreement.

 4.  DISCLAIMER

 4.1   The Franchisor does not make any representations or warranties, expressed or implied, as to the accuracy or completeness of any information contained in the Confidential Information or disclosed during the Disclosure.

 4.2   The Franchisor hereby excludes to the full extent permitted by law all liability arising in contract or in tort, statute or otherwise, in relation to any loss or damage suffered by or any action or decision taken by the Prospective Purchaser on the basis of the Disclosure or the Confidential Information or on the basis or any misstatement, errors or omission forming part of the information contained in the Confidential Information.

 5.  GENERAL

 5.1   The obligations created by or arising under this Agreement continue until expressly superseded by further written agreement between the Parties and this Agreement will have full force and effect notwithstanding that the Franchisor and the Prospective Purchaser fail to enter in to a formal contractual relationship as contemplated by the Disclosure.

 5.2   Waiver by the Vendor of a breach by the Prospective Purchaser of any obligation or provision in this Agreement contained or implied does not constitute a waiver of another or continuing breach by the Prospective Purchaser of the same or any other obligation or provision in this Agreement.

 6.  GOVERNING LAW

 5.1   This Agreement will be governed by and be construed in accordance with the laws of Queensland for the time being in force, and the parties agree to the non-exclusive jurisdiction of the courts of that state.

 7.  FURTHER ASSURANCE

 7.1   Each party must sign, execute and complete all such further documents as may be necessary to effect, perfect or complete the provisions of this Agreement.

This is the entire agreement that applies to the distribution of the confidential information memorandum if you select “I AGREE” from the drop down box in the form below.

ALL FIELDS NEED TO BE COMPLETED ON THIS FORM

* indicates required field

Name:*

Email:*

Contact Phone*

YOUR CURRENT ADDRESS LOCATION:

Town-State-Postcode*

Are you familiar with this type of business?*

Choose YES NO

Are you currently involved in this industry?*

Choose YES NO

On a scale of 1-5 how would you rate your interest in this opportunity?*

Choose 1-low 2 3 4 5-high

What stage are you currently at with regard to buying a business?*

Actively seeking a good opportunity
Selling my own small business
Moving to a new area and need work
Seeking easy lifestyle with min work
No plans yet just looking
Other

What best describes your situation?*

Never owned a business
Dissatisfaction with current job
New to Australia
Changing industies
Comng out of retirement
Profit entrepreneur
Want to involve wife/hubby or family
Other

Do you NEED to finance the purchase of a business?*

Choose NO Less than 20% More than 20%

CONFIDENTIALITY AGREEMENT

By requesting further information about this business you state the information you have provided is true and correct and you agree to be bound by the terms of the confidentiality agreement:*

I AGREE I DISAGREE

CAPTCHA Code:*