Mutual Confidentiality & Non-Disclosure Terms

By submitting information to The Phoenix Firm Inc. (“The Phoenix Firm”, “we”, “us”, or “our”) through this website, scheduling consultations, participating in discovery discussions, or otherwise engaging in preliminary business communications with us, you (“Client”, “you”, or “your”) agree to the following terms: 

1. Purpose

The parties may exchange confidential, proprietary, business, technical, financial, operational, legal, marketing, or strategic information for the purpose of evaluating a potential business relationship, consulting engagement, partnership, or service arrangement. 

2. Confidential Information

“Confidential Information” means any non-public information disclosed by either party, whether orally, electronically, visually, or in writing, including but not limited to: 

  • business plans and strategies;  

  • financial or operational information;  

  • client or customer information;  

  • pricing, proposals, and project details;  

  • technical systems, software, methodologies, or processes;  

  • marketing or sales information;  

  • proprietary concepts, trade secrets, and know-how; and  

  • any materials derived from such information.  

Confidential Information does not include information that: 

  • is or becomes publicly available through no breach of these terms;  

  • was lawfully known prior to disclosure;  

  • is lawfully obtained from a third party without restriction; or  

  • must be disclosed by law or court order.  

3. Confidentiality Obligations

Each party agrees to: 

  • keep Confidential Information strictly confidential;  

  • use Confidential Information solely for evaluating or supporting a potential or ongoing business relationship;  

  • not disclose Confidential Information to third parties except to employees, contractors, advisors, or representatives who have a legitimate need to know and who are bound by confidentiality obligations; and  

  • protect Confidential Information using reasonable safeguards and care.  

4. Intellectual Property

All intellectual property, materials, concepts, methodologies, strategies, proposals, presentations, trademarks, and proprietary information remain the exclusive property of their respective owners. No license, ownership interest, or other rights are granted by disclosure of Confidential Information. 

5. Non-Solicitation

Neither party shall knowingly solicit for employment any employee or contractor of the other party introduced through discussions or engagements for a period of twelve (12) months following the last communication between the parties, except through general public recruitment efforts. 

6. Privacy & Data Protection

Each party agrees to comply with applicable privacy and data protection laws, including PIPEDA where applicable, and to use personal or commercially sensitive information solely for legitimate business purposes. 

7. Remedies

Unauthorized use or disclosure of Confidential Information may cause irreparable harm. Each party acknowledges that equitable relief, including injunctive relief, may be available in addition to any other legal remedies. 

8. Term

These confidentiality obligations apply from the date information is first disclosed and survive for five (5) years after the last disclosure, except for trade secrets, which remain protected for as long as permitted by applicable law. 

9. No Obligation

Nothing in these terms obligates either party to enter into any further agreement, engagement, or business relationship. 

10. Governing Law

These terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario, Canada. 

11. Acceptance

By submitting information through this website, booking a consultation, exchanging materials with The Phoenix Firm, or otherwise engaging with us, you acknowledge that you have read, understood, and agreed to these Mutual Confidentiality & Non-Disclosure Terms.