1. Acceptance of These Terms
These terms of service govern every visit to this website and every use of the material it publishes. By opening any page of the site you agree to these terms in full. If you do not agree with any single clause below, you should leave the site and make no further use of the content the Company sets out.
The firm behind the service is Atkinbull LLC, an operating company in the United States at 6839 S Beargrass Rd, West Jordan - 84081-4818, United States (US). Throughout these terms the operating firm is called the Company and the studio that builds and runs the digital systems is known by the developer name Atkinbull. Where these terms use the word Company they mean that operating firm together with the developer team that carries out the technical work on its behalf.
You should read these terms alongside the privacy policy, which explains how the Company treats the personal details a visitor offers. The privacy policy is part of the wider bargain and these two documents read together form the standing terms of the visit.
2. Who These Terms Bind
These terms bind anyone who reads, browses, downloads or otherwise uses this website. If you read on behalf of a business, an agency or another legal body, you confirm that you hold the authority to accept these terms for that body, and the body itself becomes bound as the user.
A visitor who only reads our public pages is bound by the lighter duties in these terms, chiefly the duty to use the site lawfully and not to interfere with its running. A visitor who sends a weigh ticket, writes an email or asks for a quote takes on the further terms that concern enquiries and requests for work.
A client who signs a separate statement of work for a paid project will be guided in that engagement by its own contract. Where that project contract conflicts with these public terms, the project contract wins for the work it describes, and these public terms keep their force for ordinary site use that sits outside the project papers.
3. The Services We Offer
The Company designs and builds computer integrated systems for operators in the United States. Its core working lines are enterprise systems integration, custom software architecture, cloud infrastructure design, legacy system modernisation, data pipeline engineering and IT service management platforms. Each of these services is written up on the service page of this site.
The public pages describe what the Company can do for a client. These descriptions are invitations to open a conversation and are not, by themselves, a binding offer to deliver a given build for a stated price. A working contract begins only when the Company and the client sign a written statement of work or its agreed electronic equal.
The Company also carries its trade in the honest presentation of technical work, so the website itself is one of the goods on show. Visitors may read, share within their own firm and quote from the public text so long as they respect the marks and material protected elsewhere in these terms.
4. Acceptable Use of the Site
You may use the website for legitimate business and personal study. You may read the pages, print the text for your own notes, send the form and share a public page address with a colleague. What you may not do is set out to harm the yard.
You agree not to try to break into the Company systems, to throw heavy automated traffic at the servers, to place harmful code on the site, to scrape the pages at a scale that interrupts others, or to reuse the design, the words or the images to build a site that pretends to be ours. You also agree not to use the site to break any law of the United States or of the place where you sit.
Should you misuse the site, the Company may bar your access, block the address you came from and, where the law allows, tell the authorities. A single misdeed does not wipe your wider duties, and the clauses of these terms that ought to survive a parting continue to hold after your access ends.
5. Enquiries and Requests for Work
The contact page carries a weigh ticket form for sending a note to the scale house. Sending a ticket or writing to alert@atkinbull.autos starts a conversation only. No ticket, email or telephone call on its own creates a contract or an obligation on the Company to take on a job.
When you write, keep the note honest and complete enough for the Company to judge whether it can help. A message without a working return address cannot be answered. The Company replies at its own pace and keeps the right to decline any request, to place a job in a queue or to refer you to a better matched firm when a project falls outside its working lines.
Nothing you send through a public ticket is secret by right of sending it. The privacy policy covers how the Company treats personal details, and the clause on confidential information in these terms covers material marked as secret between the parties at a stage when a working relationship has begun.
6. Quotes, Scoping and Pricing
Pricing on the Company work is set by honest scoping, never by guesswork alone. When a client asks for a price, the Company studies the requested build, asks the questions that matter and returns a written quote that lists the work, the assumptions behind it and the price that those assumptions support.
A written quote carries whatever time for acceptance the quote states. After that window the Company takes the quote back and a fresh price may be set for the same work if circumstances have shifted. Every quote is given in the currency named on the paper, and figures are valid on the day they are issued once the stated assumptions still hold.
If a client changes the shape of the work after a quote, the Company re-scopes the changed part and prices the delta fairly. This keeps the yard honest: you pay for what you ask for, and what you ask for is what the paper describes.
7. Project Engagements and Statements of Work
Paid work begins with a statement of work signed by both sides. That paper names the client, the deliverables, the schedule, the price, the payment milestones and the clear scope of the engagement. Until that paper is signed by a hand with authority on the client side, the Company does no billed building.
The statement of work sets the frame for the working relationship. Change requests, fresh features and added volume beyond that frame are handled through a written amendment so the price and the promise always sit on current paper rather than on a drift of half spoken promises.
Where these terms touch on delivery, acceptance, payment or confidentiality, and the statement of work is silent on the detail, these terms supply the standing rule. Where the statement of work and these terms genuinely pull against each other on a point that belongs to a particular build, the statement of work holds for that build.
8. Deliverables and Ownership
Once the Company has been paid in full for a build, the client receives the finished deliverables together with a clear transfer of the work done. That transfer covers the custom code, the configuration and the documents that the Company wrote for the engagement on behalf of that client.
The client receives those deliverables free of any extra charge, with the right to license them for its own use, to run them on its own machines, to change them and to keep them working. What the client does not receive is free claim to the Company general tools, its internal methods, its reusable libraries that predate the engagement, or the know how the Company keeps from years at the gate; those stay with the Company unless a separate licence is paid and written.
Third party components that sit inside a build keep their own licences, and the Company installs them in a way that is lawful for the client to receive. The Company hands over source and set up notes so the client is never locked into a single keeper for the work it has bought.
9. Fees and Payment Terms
Fees are set out in the statement of work and billed against the milestones that paper names. A common working pattern sees a deposit at the start of the build and staged payments at honest milestones, with the final balance due on delivery of the last accepted piece.
Invoices fall due within the days the statement of work names, normally thirty days from issue. A client that misses a due date is in default, and the Company may pause active work on other open parts of the engagement until the account stands clear. Interest, where allowed by law, may apply to a debt that runs past its term at a rate stated on the invoice.
The Company does not send work into the world on an open tab. Payment is asked because the gate stays shut without it, and a client who pays on time keeps the whole yard running at its best pace.
10. Taxes and Duties
All prices stated by the Company are exclusive of any value added tax, sales tax, use tax or similar levy unless a quote says otherwise in plain words. A client that sits where such a tax applies is responsible for the tax that its own state or country raises on the work it buys.
The Company may lawfully add the tax that it is bound to collect on a sale where the rules put that duty on the seller as agent of the state. A client that owes its own self assessed tax on the service keeps the duty to file and pay it.
Where tax rules shift between the date of a quote and the date of a sale, the Company passes on only the change the law compels and no more. Doubts about which territory owns the tax should be settled before the paper is signed so no surprise lands on either side at the till.
11. Confidential Information
In the course of a build each side may see material that the other holds secret, such as blueprints, figures, client names, working methods or private data. Confidential information is material marked confidential, or material a reasonable hand would know is secret even without a mark.
Each side agrees to use the confidential material only for the engagement it was shared about and to guard it with the same care the holder would use for its own secrets. Neither side shares the material beyond the team members who need it and the trusted suppliers bound by equal duty, and neither side lets the material out to a public crowd.
Confidential duty does not bind material that is publicly known without blame, that a side already held by its own right, that a side lawfully receives from a third party free of duty, or that a law or a court compels a side to produce. When the duty to produce arrives, the producing side tells the other where it can so the holder can guard its corner before the release.
12. Our Warranties to You
The Company carries its work with skill. It warrants that the professional services it delivers will be performed by capable hands working to a standard a reasonable operator in the same field would reach, and that the written deliverables will match the description set down in the statement of work at the time of acceptance.
The Company warrants that the code it writes does not knowingly steal the work of another and that its use of those deliverables under their intended purpose will not knowingly break a third party right such as a patent or a copyright claim, so far as the Company can know it.
Should a delivered piece fail to meet the acceptance tests described in the statement of work, the Company will repair or replace that piece at its own cost within a fair window. That repair duty is the first and plain remedy for any shortcoming in the delivered work, and it is a duty the Company stands behind without argument.
13. Disclaimer of Other Warranties
Beyond the clear warranties written above, the Company makes no other promise of any kind, whether or not the law would otherwise read one into the bargain. The site and the designs it shows are provided on an as is and as available ground, without warranty that they will never stumble, never stop or suit every use a visitor dreams up.
The Company does not warrant that the site will run without interruption, that every page will always load, that advice offered on a public page suits every read, or that a third party service the site leans on stays up on the Company word. Where the law of a place forbids a warranty disclaimer of this breadth, that law trims this clause only to the least extent needed to obey it.
Nothing in this clause cuts away a right that the law will not allow a seller to cut. Where a consumer law grants a stronger standing right, that right survives for the consumer who holds it, and the rest of this clause keeps its force for the other reader.
14. Limitation of Liability
To the fullest extent the law allows, the Company shall not answer for indirect, incidental, special or consequential losses, nor for loss of profit, loss of goodwill, loss of data or loss of opportunity arising out of the site, an enquiry or a build, even where the Company was told these losses were possible.
For a build under a signed statement of work, the Company total liability to the client for every claim that the engagement raises, added together across the whole project, shall not go past the total fees the client paid for that build. For a visitor who only uses the public site and buys nothing, the Company total liability is capped at the small sum of one hundred dollars or the lowest figure the law will allow, being the honest value a free reader pays for the page.
The exclusions above do not touch liability the law will not let a party shed, such as liability for gross neglect or for harm a party knowingly causes, or any statutory liability that a consumer law keeps firmly in place. Because some states do not allow the cutting of certain liabilities, this clause bends only where the law commands.
15. Your Indemnity to Us
You agree to hold the Company, its officers, its team and its trusted suppliers harmless from any claim, loss or cost that comes out of your own misuse of the site, your breach of these terms, or content you push toward the Company that breaks a third party right.
When a claim of that kind lands on the Company, the Company may ask you to step in and defend it, and you agree to co-operate in that defence so far as the claim springs from your own conduct. The Company keeps the right to choose its own counsel where defending a claim that touches its own marks and good name.
This indemnity does not cover a claim that grows out of work the Company itself did badly under a signed build; that side of the bargain is answered by the warranties and the limitation set out earlier, not by this clause.
16. Interruptions and Service Suspension
The Company keeps the site running as its season allows. From time to time the whole yard must pause for mending, for a security pass or for work under the floor, and those pauses may interrupt a visitor reading a page or sending a note. The Company owes no money for a short pause and will aim to keep any quiet spell short and announced.
The Company may suspend a build under a signed engagement when a client falls into default on payment, when the client breaks a term that matters, or when a law or a safety duty commands a stop. On a suspension for the client own default, the client owns the work already done and paid for up to that point, and the unpaid balance stays owed for the ground already covered.
A suspension for a fair cause is never the Company first move; the Company prefers a written warning and a fair window to mend. But the right to guard the yard stands, and a client who leaves a debt or a breach standing long enough will see the gate held closed.
17. Third Party Content and Links
The site may carry references to tools, standards bodies or resources that other firms run. Those references are offered as a nod of usefulness and do not put those third parties under the Company control. The Company does not vouch for the ongoing truth of a third party page and does not answer for what happens on the far side of an outside link.
Any software the site names that a third party sells keeps its own licence and its own maker guarantees. The Company is not a reseller of those tools by merely naming them in a build note, and a client who buys a third party licence takes that trade on the terms of the third party who owns it.
If an outside link goes stale or leads somewhere that no longer matches the honest ground the Company stands on, tell the scale house and the Company will review and, where it agrees, cut the line.
18. Intellectual Property and Marks
The Company name Atkinbull, the site design, the text on these pages and each mark the site carries are the property of the Company or the firms that licence them to the Company. The look of this stockyard, its fence frames, its tags and its word patterns are trade dress of the Company build and are not free for another firm to lift.
You may quote a short passage of the public text with a clear credit to the source, but you may not copy whole pages, imitate the shape of the site to pretend a false kinship, or use the Company marks in a way that makes a buyer think another firm is the Company or is blessed by it.
For work the Company builds for a paying client, the ownership rules of the deliverables clause above apply, and the client takes its own custom build free of any claim from the Company once the price is settled in full.
19. Termination of These Terms
These terms run for as long as you use the site. Either side may end this standing agreement at any time by stopping its own part: you by leaving the site and the Company by taking the public pages down or by telling registered users that the terms are closed.
Clauses that ought to outlive the day the visit ends, such as those on confidential information, limitation of liability, your indemnity, governing law and ownership, keep their force after the rest of the terms falls quiet. A signed statement of work is not ended by the closing of these public terms; that build keeps its own paper until that paper says it is done.
If the Company ends your public right to use the site for a misuse, you stop using the pages at once. Ending the standing visit terms does not undo any debt you already owe or any wrong you already worked.
20. Governing Law and Disputes
These terms are governed by the laws of the State of Utah in the United States, without regard to its conflict of law rules. The operating home of the Company sits in West Jordan in that state, and the law of the home yard is the fairest ground for a quiet rule book.
The federal and state courts sitting in the State of Utah hold the quiet place for any dispute about these terms or about a build the Company runs, and each side consents to the personal reach of those courts. A visitor from another land is still welcome to read the site, but a legal fight over the bargain is heard where the Company works unless the law of that visitor hard forbids it.
Before any side runs to court over a build, the two sides first try a straight conversation at the scale house for a fair period, at least thirty days, so a misunderstanding can be sorted at the gate rather than before a judge.
21. Assignment and Transfer
You may not pass your rights or duties under a signed engagement to another firm without the Company written leave, and the Company may refuse that leave only where the transfer plainly breaks the work or the credit. The reason for the rule is simple: a build is entered with a hand in mind, and a stranger taking over mid run needs the Company agreement so the load is not dropped.
The Company may transfer a build to another working arm of its own or to a buyer of the whole business on a merger or a sale, and the client is told when that happens so it always knows who holds the gate.
Any transfer the Company makes keeps the same terms breathing for the client and does not cut a single warranty or the deliverable the client is owed.
22. Severability
If a court holds one clause of these terms unlawful or void, that clause is trimmed only as far as the court requires and the rest of the terms keep their full force. A single cracked rail post does not pull down the whole fence.
Where a clause cannot be trimmed and must fall to keep the terms lawful, the remaining clauses still bind both sides as if the fallen clause had never been written. The purpose that hatched the fallen clause is kept alive as far as the law will allow by the nearest lawful wording.
The headings in these terms are for finding your way and carry no legal weight of their own.
23. Whole Agreement
These terms, the privacy policy and the signed statement of work for any build together form the whole bargain between you and the Company. Any spoken promise, side letter or old page that is not written into those papers is not part of the deal, and neither side may later lean on a handshake that never reached the paper.
No waiver of one breach is a waiver of the next. The Company is slow to waive a right, and when it does let a single slip pass, that kindness does not bind its hand the following time.
A term that is to the advantage of the Company may still be given effect in full, and where the bargain could be read two ways the reading that keeps the whole fence standing is the one the sides prefer.
24. Contact and Notices
All notices under these terms go to the scale house in writing. Send a notice to Atkinbull LLC at 6839 S Beargrass Rd, West Jordan - 84081-4818, United States (US), or by email to alert@atkinbull.autos, or by telephone to +17799941937 during the hours shown on the contact page.
A notice counts as given when it is handed over by a means that leaves proof of delivery, such as a signed post receipt or a returned mail note. Email counts as given on the day it is sent unless a system note returns it as undelivered.
If a question about these terms strikes you, put it in writing and the Company will answer in plain words. That is the honest way the Corral gate has always worked: speak straight, write it down, and the yard will meet you there.