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Information and Communications Technology

Sparke Helmore's ICT team assists clients to achieve their ICT objectives, and to maximise the potential of their ICT systems, networks and procurement projects.

Our approach is to provide client-focused, practical solutions to the contracting and risk management aspects of our clients’ ICT projects.

Our team has advised on a range of high profile ICT initiatives across the public and private sectors. Our clients include telecommunications providers, IT suppliers, software developers, end users, consultants, internet service providers (ISPs) and Commonwealth and State government agencies.

Our experience includes:

  • providing advice on strategic issues and risks at the project planning and design phases
  • assisting with requirements definition activities
  • developing and conducting market-testing / market engagement processes to procure and implement systems
  • developing performance-based contracts and contracting models to maximise the value of products and services
  • developing structures to deal with the issues that arise in a multi-vendor environment
  • advising on the commercialisation and protection of ICT products and services
  • advising on intellectual property rights issues
  • enforcement of contracts, and handling of performance problems and contract disputes.

The types of projects we have advised on include:

  • large-scale IT sourcing programs
  • ICT infrastructure acquisition and sustainment programs
  • research and development programs for hardware, software and emerging technologies
  • complex systems integration projects
  • smartcard technologies
  • acquisition and support of satellite communications capabilities.

We also assist clients with:

  • IT governance, compliance and risk management strategies
  • Commonwealth and State government contracting templates, including those used by Defence
  • software development and integration agreements
  • software licensing arrangements, including enterprise-wide licences
  • escrow arrangements
  • master service arrangements
  • IT consulting agreements
  • systems support and maintenance arrangements
  • due diligence advice and support for large scale ICT procurement projects
  • warranty claims
  • dispute resolution matters
  • commercial negotiations
  • limitation of liability provisions, and underlying risk assessments
  • hardware location arrangements, including offshoring
  • reseller arrangements
  • development and sale of virtual private network services
  • construction and maintenance of telecommunications facilities
  • web hosting, web based services and website terms and conditions
  • electronic commerce and data management issues
  • online security, spam and privacy issues
  • copyright, patent, trade mark and other intellectual property rights issues
  • intellectual property disputes.

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