Mutual non-disclosure agreement.
Both sides keep your draft, your bid and your files confidential. You sign it in the Send a draft form, before you pay.
Draft for legal review. This wording is being checked by a lawyer and may change before PDC takes paid work.
Prefer your own NDA? Email it to info@proposaldesigncompany.com and we will sign yours instead.
1. Who this is between
PDC, the Proposal Design Company ("PDC"), and the company named by the person who signs in the Send a draft form ("you"). Each of us may share confidential information with the other, so the duties below apply both ways.
2. What it is for
Quoting, designing and delivering documents for your bids, and anything we discuss about that work (the "purpose").
3. What counts as confidential
Anything shared for the purpose that is marked confidential or that a reasonable person would treat as confidential. That includes drafts, solicitations and their attachments, pricing, win themes, technical and management approaches, teaming arrangements, staffing, past performance, brand files and templates.
4. What each side promises
- Use the other side's confidential information only for the purpose.
- Protect it with at least reasonable care, and no less care than we use for our own.
- Share it only with people who need it for the purpose and are bound by duties at least this strict.
- PDC will not design for another bidder on the same solicitation while working for you (one bidder per solicitation).
5. What is not confidential
Information that is or becomes public through no fault of the receiving side, was already known to it, is developed independently, or is received lawfully from someone else without a duty of confidence. If the law requires a disclosure, the receiving side gives notice first where it lawfully can and discloses only what is required.
6. Files, and what we will not accept
PDC deletes your files within 30 days of final delivery, unless you ask us to keep them (for example, your template on PDC Monthly). You can ask for deletion at any time. Please do not send classified information, Controlled Unclassified Information or export-controlled data. PDC is not set up to handle them, and they are outside this agreement unless we agree otherwise in writing.
7. How long it lasts
Three years from signing. Trade secrets stay protected for as long as they remain trade secrets.
8. The rest
- No licence or ownership passes under this agreement, and neither side has to do business with the other.
- A breach could cause harm that money alone cannot fix, so either side may ask a court for an injunction.
- This agreement is governed by the laws of the country (or, in the United States, the state) where your company is registered, and the courts there have jurisdiction.
- Ticking the box and typing your name in the form is your electronic signature, with the same effect as signing on paper. The time you sign is recorded with your brief, and a copy is emailed to you.