You must have a contract if any of the following apply to your proposed transaction. You need to ask yourself:
□ is the activity to be carried out on behalf of the University as opposed to an activity in your personal name?
□ does the activity involve resources, property or facilities in which USQ has a right or interest?
□ does the activity involve the commercial exploitation or development of a USQ resource or facility?
□ does the activity involve any of the following:-
- Exchange or supply of goods/services/remuneration Marketing or advertising of a product, service, facility or event
- Use of or dealings in USQ intellectual property
- Establishment of a USQ business entity (eg. Partnerships or joint ventures)
- Retail activity (including sale of publications)
- Lease of campus space to external entities
- Continuing education (including conferences, off-shore programs, non-aware and tailored professional programs)
- Research (contract/collaborative)
- Creation of an agency relationship
- Consultancy activities (either purchasing or supplying)
- Establishment of a Memorandum of Understanding (see notes below)
If you have answered "Yes" to any of the above then you will need to create a contract. If in doubt, call the Legal Office.
A simple financial transaction, such as purchase of goods, does not need a contract but will still need to be signed off by an appropriate financial delegate. However any purchase where "Terms" or "Conditions" are attached will require a contract.
The collection of fees or charges for goods, services or access to facilities is an indicator that an activity is commercial. However, activities which accrue non-financial benefits to USQ may also be considered commercial activities. An activity may be commercial even where there is no expectation of profit.
Special considerations for MOUs
USQ occasionally enters into Memoranda of Understanding ("MOU"). An MOU is generally intended to formalise the terms of a relationship or understanding between parties but is not normally intended to be legally binding. It is generally only to be used in circumstances where a "ceremonial use" is intended – eg between USQ and another offshore university.
Although an MOU does not generally create legal relations there are circumstances where an MOU can become legally binding. An MOU should always contain a statement that no legal relations are intended unless the circumstances are such that a legally binding relationship is intended. An MOU should never be used where there is any proposed use of intellectual property or the possibility that any obligation concerning the relationship may be needed to be kept confidential
Each MOU must be reviewed by the Legal Office.
Once you have reviewed this list and determined that you do need a contract, go back to Proposal.