Contracts

Contracts, grant agreements & partnership agreements

What is a research contract?

Research contracts are legally binding agreements that govern the research activity that the University undertakes with funders, collaborators and partners. Almost all research funding requires there be some form of agreement or offer letter that is signed between the research and funder. Most organisations that will collaborate with the University will also require a partnership agreement to be put in place that guarantees conditions such as contract amounts, IP and responsibilities.

The University sees these agreements as vital in recording the rights and obligations of the parties in relation to the research to be undertaken. They allow individuals and organisations to understand and manage their respective responsibilities, opportunities and risks.

Grant agreements

A grant agreement will outline the expectations that the funder has for project partners and the terms and conditions attached to the funding. It is important that you are aware of the content of the agreement before signing and keep this agreement in mind when working on the project. Any breaches of this agreement during the project could lead to funding being withheld or even clawed back by the funder.

Partnership/Collaboration agreements

Partnership or collaboration agreements are usually required for projects which involve at least one other external party to the university. If an element of an award is to be allocated to an external third party (whether this be a company, charity, government body or an HEI) please ensure that an agreement is in place. Collaboration agreements can include (but are not limited to) project responsibilities, intellectual property and reporting deadlines. To create an agreement please contact RIFS.

To receive a templated partnership agreement please contact the RIFS team. These contracts can be tweaked and changed as required depending on the partner’s needs.

What is an NDA/CDA?

A Non-Disclosure Agreement (NDA) (or a Confidentiality Agreement (CDA)) is a legal contract between two or more parties who are sharing confidential information with each other but wish to prevent disclosure of this information to third parties. This includes, but is not limited to, any information that is in the public domain such as intellectual property, unpublished research results or trade sensitive information.

When are NDAs issued?

Any collaborator can request an NDA or issue one themselves. This allows for discussions to be undertaken between all parties without concern that their information may be misused, released or stolen. It is important that an NDA is in place before any discussions around sensitive data take place as any information shared outside of an NDA may not be protected.

To issue a University NDA or review a collaborators NDA please contact uswho can arrange for an NDA template to be sent to you and to be a part of the review process. These templates can be adapted on a case-by-case basis to suit the needs of the research activity.  If you receive an NDA, send to RIFS for review and provide enough contextual information along with it to enable a thorough review.

What is an MTA?

Material Transfer Agreements (MTAs) are legal contracts that lay out the terms and conditions when materials/data are transferred between the owner of the data and a recipient/processer. Materials is a term used generically and which encapsulates, for example, human tissue, data, software, robots etc.  MTAs give providers of materials/data control over distribution and help them gain access to results of their research for commercial exploitation. Some commercial organisations, non-profit organisations and other higher education institutions will only release material if there is an MTA in place between us and themselves.

When do you need an MTA?

An MTA is required by the University of Northampton for all incoming and outgoing material transfers except when purchased on the open market. This includes materials that we are requesting a provider to supply us with as well as materials that we have developed/produced and wish to share with partners.

To issue a University MTA or review a collaborators MTA please contact us who can arrange for an MTA template to be sent to you and to be a part of the review process. If you receive an MTA, send to RIFS for review and provide enough contextual information along with it to enable a thorough review.

Who can sign an NDA or MTA on behalf of the University?

All agreements need to be signed in duplicate by authorised signatories, normally the relevant Dean or Director. Some companies may insist on signature via hard copies of the agreement, whilst other companies will accept scanned pdf versions of the signed agreements, or both. It is the responsibility of the other parties signing them to arrange for a signature by a person with the relevant authorisation.

Once the agreement is signed by both parties and in addition to the safe keeping of all hard copy agreements in a suitable secure location, electronic copies will be stored on Pure and RIFS will keep a database of all agreements the University has entered into.