Contracts
What is a contract?
In simple terms, a contract is a legally binding agreement. It will set out what both parties agree to do and the basis on which they will work together. For more information please take a look at our factsheet entitled: .
I need a contract. Who do I need to contact?
The correct person to contact will depend upon the type of work you wish to undertake.
If you are carrying out research involving one single commercial entity and they are providing all of the funding then this would be defined as contract research. These contracts are handled by Exeter Innovation.
If your research involves many parties or the funding is coming from a research council, the contract will be handled by Legal Services. The Legal Services Office offers a full service to Colleges which includes drafting, negotiation and arranging for the signature of contracts. If you need a contract to be drafted please complete the relevant form that can be found on the documents section of this website.
If you are carrying out consultancy then this will need to go through UoE Consulting Ltd and they will handle the contract.
I have received a contract. Does it need to be approved by Legal Services?
For research contracts Legal Services offers a full review and negotiation service to Colleges.
For other types of contract Legal Services is able to provide assistance on the meaning of legal wording and clauses but does not need to approve every contract. However, if you have any doubt over the meaning or wording of a particular clause, please contact us.
I want to receive some data and samples from a company for my research. Do I need a contract for this and what should I look out for?
If you need some specific materials such as DNA or biological cells, for your research you may need a material transfer agreement (“MTA”).
The company or organisation you are receiving the materials from will issue you with a material transfer agreement. When you receive this please pass it onto Legal Services for our review. These contracts are very similar but there are a few things that you need to watch out for, one of which is whose insurance will cover the materials whilst they are being delivered. However, the main issue is to make sure that you can use the materials you need within the project you are working on. Some MTAs will not allow you to use the materials within projects that involve commercial partners. If your project does involve a commercial partner or is being sponsored by them, then we will need to negotiate the contract to allow you to use the materials within that project.
More information can be found within the MTA section of this website.
Can you review a publishing contract for me?
Publishing contracts for articles and books are entered into by members of staff in their personal capacity. For insurance purposes, staff are not considered to be acting in the course of their employment (as any financial benefit from publication usually accrues to the individual concerned), and are therefore not covered by the University's PI insurance for such publications. It is Legal Services policy not to advice staff members on personal contracts and we are therefore unable to advice on publishing contracts. If you have any concerns about the terms of such contracts you should seek independent legal advice.
If I need more information about Contracts who should I contact?If you need any information in regards to contract research please contact Exeter Innovation.
If you need any information in regards to consultancy please contact UoE Consulting Ltd.
Disclaimer
The information in these Frequently Asked Questions does not constitute legal advice and should not be relied upon as such. Any queries regarding the University’s legal position in any particular circumstance should be referred to Legal Services.