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Paperwork We have three basic contract documents, all downloadable here:
Anything that they don't cover we handle via an addendum to the Monash Information Services Master Agreement. Frequently Asked Questions Which contract documents are needed to join the Monash Advantage? The Monash Information Services Master Agreement, the Membership Addendum, and the Mutual Nondisclosure Agreement. Which Monash Advantage starting dates are valid? The Monash Advantage Basic or Lite can only start on the first day of a calendar quarter -- even when service starts in, for example, the third month of the quarter. Don't worry! You'll still get your money's worth, and more, the first quarter you're a Member. Why use your own Mutual Nondisclosure Agreement? Most company-standard nondisclosure (NDA) agreements are written in ways that are quite unsuitable for analyst-analyzee relationships. Why isn't the Mutual Nondisclosure Agreement incorporated in other agreements? Modularity. Also, in some cases, we might sign an NDA with organizations we're not actually doing work for. Why do the NDA requirements have a time limit? Why not? Even classified governmental security information has a time limit on its confidentiality. We don't want to ever be in the position of trying to recall the details of 20 year old NDA obligations. What's the point of having a separate Master Agreement? Rather than have a different full-length contract for every kind of client service we provide, we've modularized the paperwork. There's a brief Master Agreement focused on legalese. Actual business terms and conditions are then described in addenda to the Master Agreement. Why does the Master Agreement endure longer than the term in which work will be performed? So that it is already in place for any future work, or to settle up details (e.g. final payments) for work already completed. Why can your contracts be amended by email? Convenience. Cases in which this clause is useful include but are not limited to: expense reimbursement, work order modification, and confidentiality waivers that allow us to introduce clients to prospective partners or customers. Why don't you have an insurance clause? We don't carry business insurance. Also, we don't use subcontractors, so why would we need the insurance? Why isn't there an inventions or intellectual property transfer clause? We sell advice, not inventions. Within the limits of confidentiality, we might offer similar advice to other companies. We also might publish opinions on our blogs, free to the public, that are similar to our client advice. Even when we create published content for our clients (for example a white paper), we don't transfer intellectual property or do work-for-hire; we simply grant a generous reproduction license. To date, that has always sufficed for the client's business purposes. Will you use our agreements instead of yours? Our fee for using anybody else's contracts as a starting point is $5,000, above and beyond whatever the fees for our services (if any) would otherwise be, payable at the start of contract negotiation. That fee cannot be waived, and is not refunded if we do not come to an agreement on contract terms. Are you willing to edit your contracts? We're willing to make reasonable modifications in the form of addenda. But if we must open the documents up and edit them directly, the same non-refundable $5,000 fee applies. Have the documents changed recently? We made a few changes to the Master Agreement in a version uploaded December 13, 2011:
Otherwise, these are the same documents we've used for quite a while. Why "Monash Information Services" rather than "Monash Research"? That's our legal name.
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© Monash Research, 2011. All Rights Reserved.
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