常见问题解答

我在哪里可以找到大学的合同政策?

The University’s 合同 and Commitments Policy can be found in the 大学政策手册.

合同和合同有什么区别, 协议, 谅解备忘录, 以及意向书?

The terms "contract" and "协议" are often used interchangeably, 但这两个概念略有不同. An 协议 is a mutual understanding regarding rights and responsibilities amongst parties to a business arrangement. A contract is an 协议 that creates clear and legally binding obligations. A 谅解备忘录 (MOU) is a document that describes the broad aspects of an 协议 that two or more parties have reached. A Letter of intent is a document that records the preliminary terms of an 协议. The letter of intent is nonbinding but typically sets out the key terms that the involved parties have agreed upon. The letter of intent is usually converted into a contract. 重要的是要注意 大学政策手册 将“合同”定义为包括书面协议, 谅解备忘录, 意向书, offers proposed for acceptance by the University or another party, purchase orders and renewal or modifications of contracts, 认证, 申请, and other instruments executed and delivered in connection with any legal or regulatory requirements. 因此, 而术语“合同”,”“协议,”“谅解备忘录,和“意向书”在意思上略有不同, they are all required to go through the standard contract review process.

新大为什么需要合同?

Having contracts benefits SMU in several different capacities. 合同 are a record of commitments for both parties and help prevent conflict and mitigate risks. 有几个部门, 合同也使大学保持效率, 有组织的, 了解最新的业务情况, 社区, 以及学术关系. 合同 also ensure that the University maintains compliance and proper record-keeping of a business 协议. 另外, contracts are an excellent reference in the event of a misunderstanding or potential litigation. 

Can the other party or third-party vendor's contract be signed as-is?

所有的合同都应该直接寄给你 合同过 及OLA进行检讨. SMU requires the use of our standard forms, when applicable. To determine if your contract should be updated to an SMU standard form, please contact your 合同过 or ola@julihui168.com. 

Can work or services be engaged before a contract is executed?

No. SMU requires a fully executed contract before the commencement of any work, service, or payment. 

How will I know the status of a contract that I have submitted for review?

Contract review status can be viewed on SMU's Contract Management Software, Cobblestone. For additional questions regarding the status of your contract, please contact your 合同过 或电子邮件 ola@julihui168.com. 

Could I be personally liable if I sign a contract and I am not one of the University's authorized signatures?

是的. You may be held personally liable for signing a contract or instrument on behalf of SMU if you are not one of the designated authorized signatories. Personal liability may include all costs and expenses associated with the contract or instrument (including attorney's fees).

Are there any insurance requirements for hold an event on or off-campus?

是的. 欲了解更多信息，请联系 新大风险管理办公室. 

建立财团的程序是什么, 学术, 国际, or 学术 affiliate relationship with another university or entity? 

有关财团关系的更多信息, 学术合作关系, 以及合作协议, 请浏览 Consotrial Relationships, Academic Partnerships and Affiliation Agreements 网页.

我正在协调一次旅行/活动. 我的事件是否需要免责声明? 

The requirement of a waiver or release depends on several factors such as the type of activity, 位置, 与会者, 等. 事件应提交至ola@julihui168.com to determine if a waiver is required for your event and/or trip. For more information on SMU releases of liability, please review the 新大发布责任指南. 

大学有标准表格吗? 

是的. 联系你的 合同过 or ola@julihui168.com 接收相应的新大标准表格. 

What if the University already has an SMU contract in place and the vendor provides its own contract? 

A “battle of the forms” arises when two parties are negotiating the terms of a business 协议, 每一方都希望根据自己的条件签订合同. A typical battle of the forms scenario is when the seller provides a quote, the purchase order documents (with different terms) are exchanged, 没有签订任何合同. The battle of the forms is often won by the last party to put forth terms and conditions that the recipient did not explicitly reject. 然而, the battle of the forms analysis is very fact-specific in determining which terms should be used. If you think you have a battle of the forms issue, contact ola@julihui168.com.

什么是赔偿条款? 

"To indemnify" means to compensate someone or an entity for a harm or loss. 在大多数合同中, 赔偿条款, 也被称为“保持无害”条款, compensates a party for harm or loss in connection with the other party's actions or failure to act. Indemnification clauses should be reviewed or approved by OLA before the execution of a contract. 

SMU合同的适用法律是什么? 

A governing law provision determines what state law will be used to interpret and/or enforce a contract. All SMU contracts should be governed by the laws of the state of Texas with Dallas County as the venue 位置.