About Us

We work collaboratively with our clients to build strong, sustainable relationships. Our team is committed to delivering consistent high standards of service, and we understand the importance of accessibility. Working with us, you'll enjoy open communication, meaning well scoped, properly resourced and effectively managed matters.

Learn More

Latest Case

Providing strategic advice on expansion structures November 16, 2018

Founded in Bondi Beach in 2012, Bailey Nelson has rapidly grown into a global eyewear retailer and service provider with boutiques in Australia, London, Canada and New Zealand. The strong demand for their products and … Continued

Latest News

Maddocks appoints restructuring and insolvency partner in Sydney January 14, 2019

Monday 14 January  Maddocks has appointed its second new partner in a month with the appointment of Danielle Funston. Danielle is a restructuring and insolvency lawyer who advises clients on recoveries, liquidations, corporate restructuring and … Continued

Latest Article

Made in Australia: Tightened restrictions on the use of country of origin labels January 14, 2019

The recent decision of Nature’s Care Manufacture Pty Ltd v Australian Made Campaign Limited by the Federal Court of Australia has provided much needed guidance on the requirements for ‘Made in Australia’ and other country … Continued

Procuring small-scale software solutions

We have been noticing recently that a lot of our local government clients have been procuring a wide variety of smaller-scale cloud-based software solutions.  With these types of procurements, vendors will try to insist that council agree to and execute the vendor’s template terms and conditions. These terms and conditions are often extremely one-sided in favour of the vendor, and give the customer very limited recourse in the event that the solution is defective or some other damage occurs (such as a data security incident).

One way to avoid protracted negotiations trying to get a vendor agreement into a form which is suitable for a local government entity is for councils to have a template cloud services agreement which has been specifically tailored for smaller-scale cloud-based services.

An agreement for a smaller-scale solution will be quite different to an agreement for a business-critical or high risk service.  A template developed for such larger-scale procurements is unlikely to be acceptable to vendors of smaller products.  However, a well-crafted template targeted specifically at smaller-scale products, with appropriate risk allocation regimes, pricing structures and service level models, is likely to be something that a vendor will work with, and which should also address many of the risks specific to a local government entity (such as its obligations under Victorian data security legislation).

Has your council experienced difficult negotiations with a software vendor for what should be a low-risk low-cost cloud solution?

Maddocks has an in-depth understanding of the market for small-scale software solutions, and has experience in developing template agreements which adequately address the risks for councils while most often also being acceptable to vendors.

If you would like our assistance in preparing a template agreement, please contact a member from the Maddocks Public Law team.

Author:
georgia-hunt Georgia Hunt | Senior Associate
61 3 9258 3739
georgia.hunt@maddocks.com.au

We have been noticing recently that a lot of our local government clients have been procuring a wide variety of smaller-scale cloud-based software solutions.  With these types of procurements, vendors will try to insist that council agree to and execute the vendor’s template terms and conditions. These terms and conditions are often extremely one-sided in favour of the vendor, and give the customer very limited recourse in the event that the solution is defective or some other damage occurs (such as a data security incident).

One way to avoid protracted negotiations trying to get a vendor agreement into a form which is suitable for a local government entity is for councils to have a template cloud services agreement which has been specifically tailored for smaller-scale cloud-based services.

An agreement for a smaller-scale solution will be quite different to an agreement for a business-critical or high risk service.  A template developed for such larger-scale procurements is unlikely to be acceptable to vendors of smaller products.  However, a well-crafted template targeted specifically at smaller-scale products, with appropriate risk allocation regimes, pricing structures and service level models, is likely to be something that a vendor will work with, and which should also address many of the risks specific to a local government entity (such as its obligations under Victorian data security legislation).

Has your council experienced difficult negotiations with a software vendor for what should be a low-risk low-cost cloud solution?

Maddocks has an in-depth understanding of the market for small-scale software solutions, and has experience in developing template agreements which adequately address the risks for councils while most often also being acceptable to vendors.

If you would like our assistance in preparing a template agreement, please contact a member from the Maddocks Public Law team.

Author:
georgia-hunt Georgia Hunt | Senior Associate
61 3 9258 3739
georgia.hunt@maddocks.com.au