Mutual NDA | Confidentiality Agreement | Non-Disclosure Agreement Template

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Automated Contract

This is our automated, customisable version of the NDA. For a more simple template version, you can have a look here

Mutual NDA

A Mutual Non-Disclosure Agreement is also known as a proprietary information agreement (PI), secrecy agreement (SA), confidential disclosure agreement (CDA) or confidentiality agreement (CA). It allows for both parties, which are contemplating coming together for a transaction or other business relationships to ensure that what they disclose in their dealings to the other, will be kept confidential.

When do you need one?

When does it make sense to require another party to sign a Non-Disclosure Agreement? There are probably many instances where it may be appropriate. But the principal situations are those in which you wish to convey something valuable about your business or idea, but still want to ensure that the other side doesn't steal the information or use it without your approval.

Typical examples where we recommend using an NDA:

  • Presenting your invention or business idea to a potential partner, investor, or distributor;
  • Sharing information in preparation of a sale of your business, including financial, marketing, or intellectual property;
  • Demonstrating a new product or technology to a prospective buyer or licensee;
  • Receiving a service from a individual or company;

Our NDA covers these aspects and lets you define the exact scope of the project or process itself. Other examples that you will be able to cover include:

  • Advertising Agencies;
  • Consultants;
  • Audits;
  • Website Development;
  • Internships;
  • Visitor or Factory Tours;
  • Software Development;
  • Real Estate;
  • Inventors;
  • Employees;
  • Interviews

Legal Review

If you are uncertain about the contents of the NDA you created, we offer a skype call and review with one of our lawyers of the document you created for R500. You will be prompted to select this option after you have finalised the questionnaire. Minor amendments will be made at no surcharge.

Why Mutual?

This NDA (also called a bilateral NDA or two-way NDA) involves two parties where both parties anticipate disclosing information to one another that each intends to protect from further disclosure. This type of NDA is common when businesses are considering some kind of joint venture, business relationship or merger. A Mutual NDA is intended to protect both parties equally from the other disclosing confidential information that they provide.

Included in this Contract

  • The names of the parties entering this agreement;
  • What is generally defined as confidential information;
  • What might reasonably be excluded from confidential information;
  • The standard of care required by the recipient of confidential information;
  • What the consequences are if confidential information is unlawfully disclosed;
  • How long information is required to be kept confidential;
  • A non-circumvention clause, prohibiting one party from by-passing the other, and directly contacting a third party which may have been introduced to the other in their dealings;
  • Common boilerplate clauses.

How does it work?

When you start the questionnaire, you will be guided through each question with the helping hand of detailed explanations and additional information. Based on your answers, the Mutual NDA will be tailor-made by our system. If you log in or create an account, you can also save the progress of the questionnaire and come back later.

You will receive both a Word Doc and a PDF version of the document available for download and both copies of the template will be sent to you by email.


We want you to be happy with your purchase. If you are not completely satisfied, we will provide a full refund.


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Further Reading

Read more about Boilerplate Clauses – What Are They and Why Are They Important? Click here

Barter McKellar Law

This document is supplied by Barter McKellar Law.

Barter McKellar is a boutique law firm which offers bespoke legal solutions that make legal, personal and business sense. We practice law because we thrive off solving legal problems (simple or complex) and providing our clients with peace of mind. No matter what your legal needs are, we are able to assist you as a trusted legal partner. We pride ourselves on giving our clients the best legal advice and legal solutions that make practical and commercial sense. We give you the tools and guidance that you need to help you and your business grow and our services and fees are tailored to suit your specific needs