ESXLab Confidentiality Agreement Policy
It is understood and agreed to that you (our customer) may provide certain confidential information to ESXLab. To ensure the protection of such information, and to preserve any confidentiality necessary under patent and/or trade secret laws, it is agreed that
- The Confidential Information to be disclosed can be described as and includes:
Invention description(s), technical and business information relating to proprietary ideas and inventions, ideas, patentable ideas, trade secrets, drawings and/or illustrations, patent searches, existing and/or contemplated products and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure
- You, our customer, must inform us explicitly in advance either in writing or by e-mail, whenever you release to us any information you consider confidential
- ESXLab agrees not to disclose the confidential information obtained from the discloser to anyone unless required to do so by law
- This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information. Any addition or modification to this Agreement must be made in writing and signed by the parties
- If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole
ESXLab Non-Compete Policy
ESXLab agrees not to compete against our clients in the area of VMware training while working with you (our active client) for a period of six months after our last completed engagement (where goods and/or services have been rendered and full payment has been received).
For purposes of this covenant not to compete, competition is defined as soliciting or accepting employment by, or rendering professional services to, any person or organization that is a direct client of yours
For the purposes of this covenant, your customer is defined as any contact at a customer company site at a specific geographic location. It explicitely excludes other geographic locations that the end customer may maintain.
This policy will become null and void with respect to you and your customer if we are informed by your customer that they have ceased their business relationship with you for any reason. If this happens, you agree to waive the six month non-compete period
So, as long as you have an active business relationship with your customer; we will respect it, honor it and refuse any solicitations by your client to work with them directly.
These policies (above) are guiding principles by which we do business. They may be supersceded through a written contracts entered in to in advance by ESXLab and you, our client.