Employee will perform services for Omil Staffing Services that may require Omil Staffing Services to disclose confidential and proprietary information (“Confidential Information”) to Employee. (Confidential Information is information and data of any kind concerning any matters affecting or relating to Omil Staffing Services and its clients, or other data not generally known or available outside of the company.)
Accordingly, to protect the Confidential Information that will be disclosed during employment, the Employee agrees as follows:
Employee will hold the Confidential Information received from Omil Staffing Services in strict confidence and will exercise a reasonable degree of care to prevent disclosure to others.
Employee will not disclose or divulge either directly or indirectly the Confidential Information to others unless first authorized to do so in writing by Omil Staffing Services
Employee will not reproduce the Confidential Information nor use this information commercially or for any purpose other than the performance of his/her duties for Omil Staffing Services.
Employee will, upon request or upon termination of his/her relationship with Omil Staffing Services, deliver to Omil Staffing Services all material information, documents, and notes received from Omil Staffing Services or originating from employment with Omil Staffing Services.
Omil Staffing Services will have the sole right to determine the treatment of all projects, writings, ideas and discoveries received from Employee during the period of employment with Omil Staffing Services, including the right to keep the same as a trade secret, to use and disclose the same without prior patent applications.
Omil Staffing Services reserves the right to take disciplinary action, up to and including termination, for violations of this agreement in addition to pursuing civil or criminal penalties.
This agreement will be interpreted under and governed by the laws applicable in Kenya.
All provisions of this agreement will be applicable only to the extent that they do not violate any applicable law and are intended to be limited to the extent necessary so that they will not render this agreement invalid, illegal or unenforceable. If any provision of this agreement or any application thereof will be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of other provisions of this agreement or of any other application of such provision will in no way be affected thereby.
Omil Staffing Services, acting as a consultant to its Clients guarantees to use all client information in strict adherence to privacy and confidentiality agreement. Omil Staffing Services shall not;
communicate, or otherwise make available, the Client Information to any third party; or use the Client Information for any commercial, industrial or other purpose whatsoever; or copy, adapt, or otherwise reproduce the Client Information except as strictly necessary for the purposes of the Project or as permitted by law.
The obligations contained in clause 2.1. above shall not apply or shall cease to apply to if Omil Staffing Services, as the Consultant can show to the reasonable satisfaction of the Company:
has become public knowledge other than through the fault of Omil Staffing Services or an employee or director of Omil Staffing Services to whom it has been disclosed in accordance with clause 2.2 above; or was already known to Omil Staffing Services prior to disclosure to it by the Client; or has been received from a third party who neither acquired it in confidence from the Omil Staffing Services, nor owed Omil Staffing Services a duty of confidence in respect of it.
No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorized representatives).
A reference to writing or written e-mail.
This agreement shall be interpreted and construed in accordance with Kenyan law. However, either party may enforce the other party’s obligation of confidence in the courts of any jurisdiction having competence to issue an injunction directly enforceable against such party.