Take a look at our frequently asked questions below.
Only those signatories that have delegated approval, can sign agreements on behalf of the University. This doesn’t include PI or researchers, and signing a contract for your projects can be deemed a conflict of interest. In most cases contracts will be signed in R&IS. FP14 on Research Grants and Contracts provides details of delegated University signatories.
R&IS supports studentship agreements for postgraduate research, and agreements linked to studentships and PGR projects (e.g. Data Sharing Agreements, Material Transfer Agreements). Where collaboration agreements are requiredbetween Warwick and the home institutions of visiting PhD students, these are supported by Legal Services via FP11.Support is also available for taught Masters and undergraduate studentship from Legal Services and in Departments.
The definition of research is set out in the Frascati Manual 2015 available via the R&IS website, which defines research & development as ‘creative work undertaken on a systematic basis in order to increase the stock of knowledge, including knowledge of man, culture and society, and the use of this stock of knowledge to devise new applications’ within one of three categories: basic research, applied research, and experimental development’. Projects falling within this definition are managed through FP14.
Consultancy is defined as non-research activity whereby a member of staff provides a service in exchange for a fee. Work falling within this definition is managed through FP11.
Speak to your R&IS contact who will be able to advise on the correct process to follow.
Warwick Innovations is the technology & knowledge transfer office for the University, helping Warwick researchers deliver impact through commercialisation. Find out more.
The University is required to achieve and demonstrate value for money in its procurement activities in compliance with its obligations to funders and must conduct robust, effective and auditable procurement processes in compliance with FP15.
Procurement Services maintain a list of approved suppliers, which cover a wide range of goods and services. A full list is available from the Procurement & Insurance Office or via Procurement & Insurance Office,
Where approved suppliers are available these must be used for all relevant purchases, please note that naming a supplier in a research proposal does not negate the need to follow the procurement process.
Where an approved supplier is not available the HOD must comply with the University’s procedures for obtaining tenders and quotations in line with the following thresholds:
For purchases up to and including £10K (net) one written quote is required.
For purchases over £10K and up to £35K (net) at least two written quotes are required.
A contract is a legally binding agreement between two or more parties, which gives rise to enforceable obligations. Having appropriate contracts in place is important to protect the University’s financial interests, reputation and relationships with funders and collaborators, as well as the interests of individual researchers and their work.
R&IS negotiate the terms and conditions of a contract to ensure that the enforceable obligations are appropriate and achievable by the University, that any associated risks are proportionate and to enable researchers to conduct their research (both current and future endeavours). R&IS also ensures that any terms and conditions do not place us in breach of any statutes, regulations or covenants, that the University is required to adhere to.
Engagement from the PI/department is a key part of the contract negotiation process, in particular on clauses related to IP, funding and resource allocation, risk management, ethical considerations and the research objectives. The contract has to be right for your research and your future endeavours and therefore working in partnership together helps us achieve that. Find out more about roles and responsibilities.
Official development assistance (ODA) is government aid that promotes and specifically targets the economic development and welfare of developing countries. The University must conduct additional due diligence checks on these countries in receipt of ODA where they are receiving funds of any value under a contract with Warwick.
The standard due diligence checks are completed within R&IS, plus the completion of an Association of Research Managers and Administrators (ARMA) questionnaire, which is used by the sector and should be completed by the collaborators. This ARMA questionnaire seeks to evaluate and risk factors by assessing the organisation's overall structure and processes. Note, this is a requirement of the UK research councils and so is necessary for compliance with funder terms.
Once complete contracting can proceed as normal.
For contracting and payments with individuals, this is requested through the INT01 process.
The HR team:
will conduct due diligence on the individual
have their own specific contracts, which include specific employment conditions, IP, conduct and liability clauses
require payment forms to be completed prior to making payment
Hold harmless language is typically found in the indemnity section of a contract. It means that one party agrees to not hold the other party responsible i.e. liable for certain claims/losses.
Liability caps
A liability cap is a limit on the amount of money one party may be required to pay if something were to go wrong or the contract were to be breached. It's a way to protect a party from being held responsible for an excessive amount of damages or losses.
Working with Collaborators – Due diligence
Research collaboration is the basis for Warwick’s world-leading impactful research and is a key theme ‘Excellence with Impact’, to the University’ strategy to 2030. The University and its researchers partner with many kinds of organisations to further its research endeavours. However, it our responsibility to make sure that our collaborators are operating to the University’s high standards for research integrity and our funder’s governance frameworks.
To support this R&IS are responsible for conducting due diligence checks on certain collaborators and partners. Due diligence checks are conducted at application stage and refreshed at the contracting stage, and will often sit alongside the contract negotiations.
If you have concerns about a collaborator please get in touch with your R&IS officer or the R&IS compliance team directly and we can discuss the process further, or conduct early stage checks.
Glossary
Foreground Intellectual Property (FIP)
FIP refers to any intellectual property that is created or developed during the course of a research project or activity. For example, if a researcher develops a new technology or discovers a new method while working on the project, that technology or method would be considered FIP because it was created during the research. Please note that any data the pre-exists the project is not FIP, even if this data is included in any results/outcomes.
Background Intellectual Property
BIP refers to any intellectual property that exists before the start of a research project or outside of the collaboration i.e. not created during the project itself. Please note that know-how (such as knowledge, skills, expertise) is often considered to be BIP.
Due Diligence
Due diligence operates as a catch-all term for any regulatory, reputational, or moral concerns with a collaboration or collaborator which are not directly captured by other processes or policies.
