Contracts
If you are undertaking any work or collaboration with a third party, be it an individual, company, funding body, government department, EU or otherwise, you will almost certainly require a written, enforceable contract which must be approved and authorised by the University.
The contracts team is here to help you with all contractual issues and prepare contracts for you. Negotiating contracts can take time, therefore to ensure matters are dealt with quickly and smoothly you should involve us at the earliest stage possible.
Examples
Below are some examples of where a contract may be needed:
- Research Agreements: Where a funding body, organisation or company is funding your research a detailed agreement will be needed.
- Collaboration Agreements: An agreement to govern a relationship when two or more parties work together to complete a research project. Such agreements are mandatory for all Research Council grants involving more than one institution and will be necessary for any industrial collaborations.
- Licencing Agreement: These enable the exploitation of valuable intellectual property rights.
- Sub-contract: Used to contract specific work on a project, where a main contract with a third party (eg funding body, government department) exists.
- Studentships: An agreement will normally be needed to set out the relationship between the University, the funding body or company and the student.
This list is not exhaustive, and there are many more types of contract that we deal with. Please contact us with any queries.
Other information
Authorised Signatories for Contracts
All agreements and contracts relating to the University must be in the name of the University and signed by either the Registrar and Secretary or one of the authorised signatories, having first been approved by the contracts team. This applies even where you receive a contract or letter in your name. The contracts team will draft or review all contracts and arrange for them to be approved by the relevant signatory.
Frequently asked questions (FAQs)
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.
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.
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.