Confidentiality Agreements - Manan Business Sales

Buyer Deed

Confidentiality, Non-Circumvention, Security & Optional Commercial Protections

Manan Business Sales Pty Ltd

ABN: 56 294 799 350
Suite 104, Level 1, 1473 Sydney Road, Campbellfield VIC 3160
Email: info@mananbs.com | Phone: 0401 260 064

Between

Executed as a Deed on this

Full Name

Enquiry Source

Address

Date of Birth

Email Address

Mobile

Budget : $ Loan

$ Cash

Driver License No:

Interested Business Name

Interested Business Location

Preferable Time To Contact

Notes

Execution (Electronic Signing)

Buyer :

Name

Date

Witness Signature:

Name

Address

Date

Witness Guidelines

Witness Guidelines:
The witness confirms that they were present when the parties signed this deed and that they personally observed the signatures being made. The witness must be over 18 years of age, not a party to this deed, and must provide their full name, address, and signature below to verify the execution of this document.

Driving License

Acknowledgments

Read and understood; legally binding deed Opportunity for independent legal advice Personal, joint, and several liability (for corporate buyers) Electronic signing authorized

Signature

2. Purpose

2.1 Buyer seeks access to Confidential Information regarding the business.
2.2 Buyer acknowledges MBS must protect its commission, reputation, vendor relationships, goodwill, and business systems.

3. Definitions

Confidential Information: All non-public business, vendor, operational, or financial information; pricing; marketing; client lists; intellectual property; introductions, leads, or discussions facilitated by MBS. Excludes information that is publicly available or independently developed.
Vendor: Any party introduced or identified to Buyer by MBS.

4. Confidentiality

4.1 Buyer shall maintain strict confidentiality and use information only for evaluating the business.
4.2 Obligation survives indefinitely.

5. Non-Circumvention

5.1 Buyer shall not contact, negotiate, or deal with any Vendor without MBS’s prior written consent, nor facilitate third parties to circumvent MBS.
5.2 Obligation applies during and after termination.
5.3 Obligation survives indefinitely.

6. Buyer Liability for Direct or Indirect Involvement

6.1 Buyer Responsibility: If Buyer’s direct or indirect involvement with any Vendor, business, or related party results in: Loss of business opportunities for MBS, Loss of commission or financial loss to MBS, Damage to MBS’s reputation or goodwill, or Any other financial, operational, or intangible damage to MBS, then MBS shall have the right to recover all such losses, damages, and costs directly from Buyer.
6.2 Authority to Recover: Buyer authorizes MBS to take all necessary actions to recover such losses, including legal action, debt recovery, or set-off against any amounts payable by Buyer.
6.3 Indemnity: Buyer indemnifies and holds MBS harmless for all losses, damages, costs, or claims arising from such involvement.
6.4 Survival: This clause survives termination of this Deed and applies indefinitely.

7. Indemnity & Personal Guarantee

7.1 Buyer indemnifies MBS for all losses, damages, costs, and lost commission arising from breach of this Deed.
7.2 Company directors personally, jointly, and severally guarantee all obligations and acknowledge unlimited liability.
7.3 Buyer acknowledges opportunity to seek independent legal advice.

8. Payment & Liquidated Damages

8.1 Payment of invoices is due within 7 days.
8.2 Overdue amounts accrue interest at the maximum legal rate.
8.3 Breach of Non-Circumvention triggers liquidated damages equal to MBS standard commission.
8.4 Liquidated damages are a genuine pre-estimate of loss and not double commission.
8.5 MBS must first attempt recovery from Vendor within 60 days before claiming liquidated damages from Buyer.

9. Optional Commercial Annex – Caveat & Power of Attorney Protections

Purpose: This annex provides additional commercial deterrent measures and does not alter the enforceable rights in the main Deed.
Caveat Procedure
9.1 MBS may pre-register caveats over property or assets of the Buyer to secure its interest in any transaction introduced by MBS.
9.2 Buyer acknowledges the caveat is pre-registered as a commercial deterrent and consents to MBS registering and enforcing such caveats if necessary.
9.3 Enforceability may vary by State/Territory and does not create additional liability beyond the main Deed.
Power of Attorney
9.4 Buyer may appoint MBS as an attorney to execute documents or lodge caveats only as a precautionary commercial measure.
9.5 Buyer acknowledges this power is for deterrence only and may not be enforceable in all circumstances.
9.6 MBS will act reasonably and in good faith when using any powers under this annex.

11. Governing Law & Jurisdiction

This Deed is governed by Australian law; parties submit to the courts of any State/Territory.