Some of the types of contracts you may require for your project are listed below:
| Type of Contract | Definition | When is it used |
| ARMS templates | The Australasian Research Management Society (ARMS) provides collaborative agreement templates which are agreed to by the universities. | These are often used for nationally competitive research projects, funded by ARC, NHMRC and MRFF schemes. |
| Confidentiality/ Non-Disclosure Agreement: | A confidentiality/non-disclosure agreement which binds one or more parties to obligations of confidentiality and allows them to use information disclosed only for a particular stated purpose. | It is used in multiple circumstances most commonly when a researcher wishes to discuss potential work with an external party (though a separate agreement is usually created before work actually begins). |
| Clinical Trial Agreement | A clinical trial agreement sets out the details and responsibilities relating to a clinical trial. | It is used whenever a clinical trial is performed as part of a research project, for example to test the safety and effectiveness of drugs, therapeutics, or clinical treatments. |
| Collaborative Research Agreement/ Multi Institutional Agreement (MIA) : | A CRA or MIA sets out terms for research to be performed by two or more parties. | These agreements are used for most research projects performed collaboratively with one or more partnering organisation. They set out standard terms about the expectations for a project, including milestones and deliverables, payments made between organisations, intellectual property, publishing rights and so on. They may be set up as sub-contracts to Funding or Grant Agreements, with obligations that flow through. |
| Competitive Grant Agreement | When a funder awards funding for a research project they have certain requirements that are attached to that funding. This type of agreement reflects the specific requirements that a funder has in exchange for providing research funding following a competitive funding round/opportunity. | These agreements are often provided in a template form by the funder and reflect the funding rules/guidelines that are available during the competitive rounds. This sometimes means research office needs to review an agreement before an application for funding is made. The agreements typically cover project-specific information as well as broader obligations for the conduct, integrity, deliverables, and administration of the research. |
| Cooperative Research Centre Agreement | These relate to CRCs that UniSA either leads or participates in. They can be foundational arrangements (when the CRC is first set up) or project agreements (for individual projects across the CRC lifespan). | For projects, these are usually pre-agreed template agreements in order to streamline the business of a CRC. This means the review of terms and conditions happens at the start of the CRC and then project-level information is populated into a project agreement and can reflect the needs of that individual project. |
| Data Access / Transfer / Sharing Agreement | These agreements allow a party to access and use another party’s non-physical data. | They provide details about how data may be used, ownership of data and related intellectual property, timeframe for a usage licence and so on. |
| Deed | A specific type of arrangement that has special rules associated with it. | Due to their formality Deeds are typically only used in certain circumstances including where there is no consideration exchanged or contemplated. Deeds are effective upon signature (unlike agreements which are effective once everyone has signed). Research-related Deeds can only be signed by those who have been granted a Power of Attorney by University Council. There are additional VCA steps required for the review of Deeds at UniSA, including that they must undergo legal review on behalf of the university, which for research arrangements is managed via the Research Contracts team. |
| Defence Agreement | Anything related to defence fits in this category | Some research projects will utilise the template Defence Science Partnership Deed (DSP2.0) agreement suite. The DSP2.0 agreements were designed by the Commonwealth Defence Science and Technology Group (DSTG) in consultation with all DSP universities (including UniSA) and are intended to streamline research projects funded by or conducted in collaboration with DSTG or other Australian DSP universities. Many of our defence partners use specific templates that have been pre-agreed to similarly streamline opportunities. Sometimes, defence research can be complicated which requires a bespoke approach. |
| Grant/Funding Agreement: | A grant/funding agreement sets out terms and conditions associated with research funding being provided to UniSA. | These agreements set out the terms and conditions under which a funding body will provide grant funds to the University to perform research. They are usually set up with just one other party (the funder) and do not place research obligations on the funder. |
| Head Agreement | A "heads of" agreement is a non-binding document that outlines the basic terms of a tentative partnership agreement or transaction. Also known as a "heads of terms," or "letter of intent," a heads of agreement marks the first step on the path to a full legally binding agreement or contract and a guideline for the roles and responsibilities of the parties involved in a potential partnership before any binding documents are drawn up. | Such a document is commonly used in commercial transactions, such as the purchase of a business. |
| Material/Data Transfer Agreement | A material/data transfer agreement sets out terms and conditions for the transfer and subsequent usage of material and/or data from one organisation to another. | It is used when one organisation wishes to use material (e.g. tissue samples) or data held by another organisation. |
| Memorandum of understanding (MOU) | A MOU is usually not a legally binding agreement, but one which sets out an understanding between parties. | It is used when parties wish to set out an understanding for future goals and collaboration, often when subsequent legally enforceable agreements will be created. |
| Novation Agreement | A novation agreement transfers the rights and obligations of one party under an existing agreement, to another party. | It is used when a researcher moves from one university to another, and the research project they are working on is also transferred to the new university. |
| Project Agreement | A project agreement is a legal document outlining the terms and conditions between two parties as they enter into a business partnership focusing on a particular project. They are typically used between contractors and companies or between companies and trade unions to determine the rights and responsibilities of parties involved. | A project agreement typically covers terms such as the scope of the work involved, project budgets, pricing for services rendered, and any supply and material requirements. Project agreements are also sometimes used to develop real estate projects between the developer and the construction company. |
| Research Consultancy | Consultancy is the provision of the professional services of staff to an external party for a fee or other consideration through the application of pre-existing knowledge rather than the creation of new knowledge (intellectual property). University Consultancies will be undertaken in the name of the University and may involve the resources of the University | University Consultancies include surveys, the provision of reports, testing, training, professional tutoring or lecturing, the provision of products and other services, secondments to other organisations and involvement with committees, companies and other bodies for profit. University Consultancies do not include Research, Award or Fee-Paying Non-Award Courses or services provided by one part of the University to another. Services provided by one part of the University to another should be governed by mutually agreed arrangements. University Consultancies do not include Personal Risk Activities which are governed by the Personal Risk Activities Guidelines. |
| Research Services Agreement | A services agreement sets out terms relating to a party performing work for another party. | Services agreements are used when one party is engaging another party to perform specific services, which may or may not involve research. The project does not involve collaboration between the parties. Similar agreements are the Consultancy Services Agreement and the Commercial Research Agreement. |
| Service agreement | A service agreement is a legally binding contract that outlines the terms, conditions, rights and obligations of each party. | A service agreement can cover a wide range of commercial relationships and typically cover a relationship where a business provides its services to a customer. For example, types of agreements used in situations involving a: tutor providing tutoring to a student; matchmaker assisting someone in finding a romantic partner; or migration agency assisting a migrant obtain their visa to work and live in Australia. |
| Tender Agreement | These are associated with specific tender opportunities, and usually are set terms that require review prior to the university submitting a tender bid as well as after a bid is awarded. | The pre-bid review is to identify and report to the Tenderer any non-compliance identified on review; this is often the university’s only opportunity to provide feedback on any agreement associated with the Tender opportunity. It can sometimes also require review of pre-bid confidentiality agreements, letters of support, or similar. The post-award review is of the final version of the tender agreement(s), at which point there is typically no negotiation contemplated or allowed. |
| Variation Agreement | A variation agreement modifies the terms of an existing agreement. | It is used in multiple circumstances, for example to reflect changing dates, payments, milestones, or other elements of an existing contract. |
| Other Research Agreements | Any other agreement that relates to research or a research project and falls within the remit of research fits into this category. |