What type of project is it?
When should I use the University Standard Agreement?
The University Standard Agreement should be used where possible - presented to the sponsor as a first draft proposal. If the sponsor is happy with our terms and conditions, the Dean or Head of Department are sometimes authorised to sign the agreements (see
Types of Agreement). If one of conditions of use cannot be observed, or if changes are required, the use of the standard agreement should at least shorten the review process.
How to determine the type of agreement you will need?
There are several types of research contract, and the use of terminology can vary between organisations. Research contracts are sometimes referred to as a ‘Consultancy’, ‘Grant Agreement’, ‘Funding Agreement’, ‘Collaboration Agreement’, etc. Described below are some of the most common types of research agreements, and our understanding of what they involve:
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Clinical Trials
A clinical trial is a research study designed to test the safety and/or effectiveness of drugs, devices, treatments, or preventive measures in humans. There are no templates or University Standard Agreements for use on Clinical Trials. A research lawyer will draft an agreement, as required.
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Confidentiality Agreements (CDA, Disclosure Agreement)
Used when you intend to discuss the details of a proposed project with a third party. We recommend you to present the University Standard Confidentiality Agreement for consideration. The University has two Standard Confidentiality agreements: one-way (one party only disclosing confidential information ) and Mutual (both parties can discuss confidential information). [See Confidentiality page]
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Consultancy Agreement
Consultancy agreements are entered when expertise, advice and work on a particular field is being provided. Consultancies are generally fee-for service. [See Consultancies page]
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Intellectual Property Deeds
Deeds that deal with issues such as confidentiality and ownership of IP. [See IP Deeds page]
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Material Transfer Agreements
Used when the University is receiving or supplying materials (e.g. cells, animals, viruses, etc). The Dean or Head of Department are authorised to sign the MTA for receiving materials, however, only the Vice-Principal (Research) or the DVC (Research) are authorised to sign the standard MTA for supplying materials. [See MTA page]
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Memorandum of Understanding (MOU)
MOUs are used to establish the basis for future research projects. They are non-binding agreements that agree on general clauses for future contracts. [See MOU page]
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Subcontract (Services Agreement)
Used when a research contract is already in place and you need to subcontract a different external party to assist with the project. Before discussing the project with another party, you must check if your original contract permits you to subcontract, and whether you have a Confidentiality Agreement in place that enables you to discuss the matter. These contracts can only be signed by the DVC (Research) and the VP (Research) and must be submitted to the Research Contracts Group. [See Sub-contracting page]
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Studentship Project Agreements
For use when a student is receiving money for work performed on a research project. [See Studentship page]
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Research Contract
This is the most common form of contract and fits several research purposes, for instance Funding Agreements and Collaboration Agreements. The University has two types of standard form for Research Contracts:
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Tender
The Research Office will review the terms and conditions of the agreement attached to the Tender, and supply a Statement of Departure with comments on the legal terms of the agreement. [See Tenders page]
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Termination
Most agreements have a clause that specifies how the agreement must be terminated. It is important to sign a legal document agreeing on the termination details as well as informing the Research Office and Financial Operations of any budget that will no longer be received, and/or milestone that will need to be removed from Themis Research.
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Variation/Extension
Any variation to a legal agreement must be achieved by agreement between the parties. This can be actioned in several different ways. [See Amendments page]