OUR COMMERCIAL & LEGAL OPERATIONS AND CONTRACT PERFORMANCE SOLUTIONS
Supporting businesses manage their contracting and commercial portfolio
COAL & LOAD SOLUTIONS
Digital Software Contracting Solutions
G-CLOUD SUPPORT
UK Government Digital Support Solutions
CORPORATE CONSULTANCY
Leading Expertise in driving contract value
QUANTUM CONTRACTING
Our Innovative CCM & Legal Operations Management Software
TERMS & CONDITIONS
Up front services, fair contracting, come and talk to us about about our services.
ACCEPTABLE USE POLICY
When and where does the Acceptable Use Policy apply? And what are the prohibited activities?
1. Atkin Bowen provides its software ("COAL" or "LOAD") and services for Contract Management / Legal Operations -related activities of all kinds.
2. This Acceptable Use Policy (AUP) applies to everyone using COAL or LOAD at all times.
3. You must abide by this AUP, as well as any of your own Security Operating Procedures (SyOPs) for the services you’re using.
4. You must not knowingly:
offend, insult, harass, threaten or deceive other people;
request, create, access, store or send offensive, pornographic, indecent, illegal or prohibited material;
breach copyright or licence agreements;
store confidential and/or legally privileged material unless you have the owner's permission;
bring Atkin Bowen into disrepute or obstruct its business;
be negligent in protecting COAL / LOAD and services, or the information you can access from it; and
break the law or encourage / enable others to break the law.
GENERAL TERMS OF USAGE
Just so we are clear when using our Licensed Software
By using our applications, you agree to be bound by these terms of use. If you do not agree to these terms of use, please do not use our applications. If you are part of UK governement and contracting via G-Cloud, the contract order of precedence set out in the GCloud Terms wil of course prevail.
The Atkin Bowen proprietary computer software package(s) (“COAL” or "LOAD" or “Licensed Software”) installed on your system, for your use in accordance with these terms, is licensed and not sold to you (the Customer) by Hemtra Limited, trading as Atkin Bowen, whose registered office is Aspen Drive, Wymondham, NR18 9FT.
Permitted use. You are granted a limited, non-exclusive, non-transferable license to use our application for personal or business (non-commercial purposes only), meaning you may not commercially exploit any aspect of the Licensed Software without the prior written permission of Atkin Bowen. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from our application.
Prohibited use. You may not use our application for any illegal or unauthorized purpose. You may not tamper with, modify, or hack our application or any content on it. The Licensed Software is licensed to you on the basis that you shall maintain the configuration of COAL and/or LOAD as they were originally designed. The Licensed Software may not perform as intended on systems modified, or on systems which include subsystems or components not known by Atkin Bowen. Atkin Bowen does not assume any responsibility or liability with respect to unauthorized modification or substitution of subsystems or components.
Copyright: The materials within this application, including text, graphics, images, and other content, are protected by copyright and may not be used without the permission of Atkin Bowen. The service marks and logos displayed on this website are the property of Atkin Bowen or third parties (most images provided by WIX). You are not permitted to use these service marks, or logos without the prior written consent of Atkin Bowen or the third party owner.
Termination & Liability. We reserve the right to terminate your access to our application(s) at any time, without notice, for any reason, including breach of these terms of use. Hemtra Ltd, trading as Atkin Bowen, is not responsible for any damages or losses that may result from the use of our application.
Changes to terms of use. We reserve the right to change these terms of use at any time. Any changes will be effective immediately upon posting on our website.
Dispute resolution and Governning Law. Any disputes arising out of or relating to these terms of use will be resolved through mediation in accordance with the rules agreed with the Centre for Effective Dispute Resolution (CEDR). These terms of use are governed by the laws England.
COAL / LOAD SOFTWARE LICENSE AGREEMENT
How you are licensed to use our software? And our liability to you in using our software.
ATKIN BOWEN "LICENSED SOFTWARE" (COAL OR LOAD) LICENSE AGREEMENT: BY DOWNLOADING & INSTALLING THIS PRODUCT AND USING THE LICENSED SOFTWARE, YOU AGREE TO ALL THE TERMS OF THIS LICENSE AGREEMENT AND LIMITATION OF REMEDY PROVISIONS. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT, RETURN THE LICENSED SOFTWARE TO ATKIN BOWEN, WITHIN 14 DAYS, FOR A FULL REFUND.
The Atkin Bowen proprietary computer software package (Licensed Software) installed on your system, for your use in accordance with your Agreement, is licensed and not sold to you (the Customer) by Hemtra Limited, trading as Atkin Bowen, whose registered office is Aspen Drive, Wymondham, NR18 9FT.
1. License Grant.
1.1 Subject to any usage limitations for the Licensed Software set forth on the Proposal, Atkin Bowen grants to Customer a non exclusive and nontransferable right and license to use the computer software package (Licensed Software) in accordance with the terms of the Proposal and Terms and Conditions of Sale (including these terms). The License shall continue for as long as Customer continues to pay for Services, except that Atkin Bowen may terminate the License if Customer is in breach or default of the Terms and Conditions of Sale and/or the Proposal. Customer shall return the Licensed Software and any authorized copies thereof to Atkin Bowen immediately upon expiration or termination of this License. Atkin Bowen will not terminate any license without a genuine reason.
1.2 The License does not include any right to use the Licensed Software for purposes other than the operation of the product. Customer may make one copy of the Licensed Software in machine-readable form solely for backup purposes. Atkin Bowen reserves the right to charge for backup copies created by Atkin Bowen. Except as otherwise provided under Section 1.6, Customer may not copy, reproduce, sell, assign, transfer, or sublicense the Licensed Software for any purpose without the prior written consent of Atkin Bowen. Customer shall reproduce Atkin Bowen’s copyright notice or other identifying legends on such copies or reproductions. Customer will not (and will not allow any third party to) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover the product or Licensed Software by any means whatsoever.
1.3 The License shall not affect the exclusive ownership by Atkin Bowen of the Licensed Software or of any trademarks, copyrights, patents, trade secrets, or other intellectual property rights of Atkin Bowen (or any of Atkin Bowen’s suppliers) relating to the Licensed Software.
1.4 Customer agrees that only authorized officers, employees, and agents of Customer will use the Licensed Software or have access to the Licensed Software (or to any part thereof), and that none of Customer’s officers, employees, or agents will disclose the Licensed Software, or any portion thereof, or permit the Licensed Software, or any portion thereof, to be used by any person or entity other than those entities identified on the quotation.
1.5 The Licensed Software shall be used only on the product(s) referenced in the Proposal.
1.6 Customer may transfer the Licensed Software in connection with sale of the product to another provider who accepts all of the terms and conditions of this License; provided that Customer is not in breach or default of this License, the Terms and Conditions of Sale, or any payment obligation to Atkin Bowen.
2. Modifications.
2.1 If Customer modifies the Licensed Software in any manner, all warranties associated with the Licensed Software and the products shall become null and void. Customer installation of Atkin Bowen issued patches or updates shall not be deemed to be modification. If Customer or any of its officers, employees, or agents should devise any revisions, enhancements, additions, modifications, or improvements in the Licensed Software, Customer shall disclose them to Atkin Bowen, and Atkin Bowen shall have a non-exclusive royaltyfree license to use and to sub-license them.
2.2 The Licensed Software is licensed to Customer on the basis that (a) Customer shall maintain the configuration of COAL / LOAD as they were originally designed. The Licensed Software may not perform as intended on systems modified, or on systems which include subsystems or components not certified by Atkin Bowen. Atkin Bowen does not assume any responsibility or liability with respect to unauthorized modification or substitution of subsystems or components.
OPEN SOURCE & THIRD PARTY PLUGINS / SOFTWARE
These are the third party licenses that you need to know about and that we request you comply with when using the COAL and/or LOAD software.
1. Some components used in both COAL and LOAD, the Licensed Software, are based on the MIT license:
The MIT License is available here: The MIT License | Open Source Initiative.
2. For full functionality you will need your own version of Microsoft Office 365 and Microsoft SharePoint; and DocuSign (in the event signature integration options development is required). And you will obviously need to comply with their license terms and conditions.
3. All other components used in COAL and LOAD are owned by Atkin Bowen and subject to our Proposal Terms and Conditions, Licensed Terms and Conditions and Sale Terms and Conditions as appropriate, and in the aforementioned order in the event of any conflict.
STORAGE & USE OF DATA
Any data created and added to your SharePoint respository will be subject to the rules, limitiations and data policies that you set through control, configuration and establishment of your SharePoint.
You will use your own instance of SharePoint to load the COAL / LOAD applications onto.
You will ensure you configure your instance of SharePoint to not permit unauthorised (including external) access to any data created.
For the avoidance of doubt, Once the COAL and/or LOAD application is loaded onto your SharePoint, Atkin Bowen will be unable to access any data created.
By using our applications, you acknowledge that we are not responsible for any loss of data that may occur. It is your responsibility to ensure the security and integrity of your own data and systems. We recommend that you regularly back up your data to protect against potential loss. We will not be held liable for any loss of data, whether due to technical issues, unauthorized access, or any other cause.
You agree you accept all responsibilties as data controller, and understand Atkin Bowen is unable to and will not be able to process any data.
COAL / LOAD STANDARD CHARGES
Atkin Bowen Prevailing Monthly Rates for each Application.
LICENCE: ORGANISATIONS WITH UP TO A MAXIMUM OF 10 USERS
COAL software charge: £2,000 per month
LOAD software charge: £2,500 per month
LICENCE: ORGANISATIONS WITH MORE THAN 10 USERS
COAL software charge: £2,000 per month
LOAD software charge: £2,500 per month
PLUS additional
£5 per module per user per month or
£15 for all modules per user per month
EMAIL SUPPORT
Email responded to on a reasonable endeavours basis during normal business working hours (10-4pm). Responses are usually provided within 2-3 business days but not guaranteed.
T&M Charging between £75-£175 per hour (cost estimates agreed in advance)