Measurable Outcomes is a privately owned Web Services Provider located in Fort William, Scotland. Our goal is to cultivate enduring partnerships with clients worldwide.

1.) Account Setup

Your account will be established upon receipt of payment and subsequent screening by us and/or our payment partner(s) to prevent fraud. It’s essential to provide an email address not associated with the domain(s) you’re signing up under.

2.) Content

All services provided by Measurable Outcomes must comply with legal standards. This encompasses abstaining from copyrighted material, as well as content deemed threatening, obscene, or pornographic.

Unacceptable material includes but is not limited to:

• IRC Bots
• Link Directories/Farms
• SEARCH BOTS
• Email Scrappers
• Website crawlers
• Any Type Of Server Side Bots
• Server/browser Proxies (Immediate Cancellation Without Notice)
• Warez Sites
• Pirated Software
• Hate sites
• Adult Content Websites
• Scam Websites (e.g., work from home scams, multilevel marketing schemes)
• Dating/community portals of an adult nature
• Hack programs and archives

It’s your responsibility to ensure the security of scripts/programs installed under your account, regardless of the installation method. We advise setting directory permissions to 755 or stronger and file permissions to 644 or stronger. Users bear full responsibility for all actions taken under their account, including credential compromise.

Keep all scripts up to date at all times to prevent security breaches.

If your site is compromised due to outdated scripts or weak passwords, you are entirely responsible.

We reserve the right to terminate any account found abusing server or network resources after an investigation and notification.

3.) Zero Tolerance Spam Policy

Forwarding to Gmail, Hotmail, Yahoo will not be permitted on our servers under any circumstances.

Accounts with these forwarders set up will have them removed without notice.

If you wish to use Gmail for your email, set up Google Mail apps or use Gmail’s built-in functionality to retrieve emails directly from our servers.

We have a zero-tolerance stance against unsolicited emails, bulk emailing, and spam. Safe lists and double opt-in (without electronic proof of opt-in) will be treated as spam. Any user sending spam will have their account terminated without notice.

Newsletter Scripts and Programs are prohibited on our servers.

Spamvertising is strictly prohibited and will result in account suspension without further warning.

Email accounts set up/attached to domains on our servers may not be used for sending out bulk email or spam.

We reserve the right to disable any web site, account, database, or other component not complying with this policy at our sole discretion. We also reserve the right to make modifications in emergencies at our discretion.

Normal email sending is limited to 100 emails per hour, with justifications for legitimate increases made at our discretion upon request.

We reserve the right to charge the account holder for any unsolicited email sent, at our discretion.

4.) Payment Terms:

Upon accepting a quote from Measurable Outcomes, you are acknowledging our terms of service, including payment terms:

You commit to providing timely payment for the services rendered by us, prior to the commencement of the service period. Until you formally request the cancellation of any services, you understand and agree that these services will be billed on a recurring basis.

Please note, while we do not impose contracts, this does not imply flexible payment timelines. Adhering to a strict payment schedule allows us to maintain competitive pricing and quality service. Failure to settle your account by the due date may result in account suspension and the addition of late fees (£10).

For our £150 website special, once payment is received and CMS software and database setup are completed, refunds are no longer applicable.

Accounts with overdue payments by the close of business on the due date will be automatically suspended.

Reactivation of suspended accounts or domains will incur a reactivation fee of £10 per account, along with payment of the overdue invoice.

With the exception of servers, all accounts operate on a Pay-As-You-Go basis. Failure to make payment within one day of the due date will result in immediate account suspension without further notice.

A standard billing administration fee of £10 is applicable only for certain cancellation actions or requests.

We reserve the right to adjust the advertised monthly payment amount and any additional charges at our discretion.

Outstanding affiliate commissions will be applied to invoices, services, or late fees, prioritizing the oldest balances first.

Affiliate commissions cannot be used to cover new domain name registrations. Any credited amount applied to a new domain may be reversed back to your account.

We withhold commission payments for delinquent accounts with overdue balances until the account payments are regularized.

It is your responsibility as the client to ensure timely payments for all services, hosting, and domain registrations to avoid disruption of services.

Failure to receive invoices for any reason will not be considered an excuse for non-payment. Due dates for all accounts and services are accessible at all times.

For payments made from banks other than Standard Bank, allow up to 2 days for processing. Ensure payments are made at least 2 days before the due date or provide proof of payment on or before the invoice due date.

Downgrading payment periods/packages will incur a one-time admin fee of £10 per incident. Upgrades are always free.

Cancellation:

Cancellations are permanent, and no backup data will be provided for free after cancellation.

If you cancel and switch to another provider, you are responsible for managing the transfer of your domains, as our assistance will no longer be available.

We retain backups of canceled accounts for 5 days, after which they are permanently deleted from our servers.

We do not assist new hosts with the transfer of cPanel Backup Archives. If you require access to a backup file after account cancellation, a Backup-Recovery Fee of £50 is payable upfront.

For accounts in good standing at the time of cancellation, we expedite domain transfers without delay.

If you had outstanding invoices or were a slow payer at the time of cancellation, you are responsible for settling any outstanding domain fees directly with the registrar before domain transfers are approved.

Domains are registered under the company name used when signing up for an account, unless otherwise specified.

Accounts not paid for within the first 60 days on our billing system will not have their domains paid by us, requiring direct payment by the client to the registrar.

New domain registrations can only be transferred away after 90 days, applicable to all domains registered on our system.

5.) Backups and Data Loss:

Your use of our service and support is at your own risk. We do not accept responsibility for files and data residing on your account.

You are responsible for maintaining appropriate backups of files and data transferred to our servers.

Our free backup service runs weekly, overwriting previous backups, with only one week of backups retained. This service is provided as a courtesy, and we do not assume responsibility for files or data stored on our servers.

6.) Cancellation and Refund Policy

1. Cancellation Rights:
   • We maintain the authority to terminate your account if there is a violation of our Terms of Service (T.O.S.).
   • Refunds may be prorated or withheld entirely in cases of T.O.S. breaches.
   • No refunds will be provided for accounts suspended or canceled due to spam complaints.
   • Refunds for accounts in good standing are at our discretion, and we reserve the right to decline any refund.
2. Refund Process:
   • Approved refunds will be issued via Electronic Funds Transfer (EFT) into a valid South African bank account.
   • Refunds for cash deposits will be subject to a standard R25.00 cash deposit fee deducted from the refund amount.
   • Refunds will not be granted for domain names that are already registered.
   • If domains are registered by us and a refund is issued, the cost of domain registration will be deducted from the refund, allowing for domain transfer.
3. Cancellation Terms:
   • Customers have the freedom to cancel their accounts at any time.
   • Refunds will only be considered for accounts with a credit balance exceeding £10 and are in good standing.
   • Refund calculations will deduct the cost of domain names plus an administrative fee of £10 per canceled account.
4. Additional Conditions:
   • For packages including a free domain name, the domain’s advertised cost will be subtracted from the refund amount, and the domain can be transferred to another hosting provider.
   • Accounts canceled within the first three months, including those with free domains, may require payment of the advertised domain cost before transfer.
   • Any cancellation within the first month will incur an administration fee of £10 deducted from any refund.

7.) Website Design Acceptance and Cancellation Terms

Upon acceptance of our proposal or written quotation, clients agree to our full terms of service.

1. Initial Agreement:
   • Clients acknowledge our full terms of service upon acceptance of any proposal or written quotation.
   • The full non-refundable deposit becomes payable upon acceptance, excluding cases where domain names have already been registered. In such instances, registration costs and a standard £10 admin fee will be deducted from the refund amount.
2. Design Balance Payments:
   • Balance payments for design work become due within 24 hours of the work going live.
   • Clients reserve the right to cancel before work commences, entitling them to a full deposit refund.
3. Cancellation and Development:
   • Once development begins, the design deposit becomes non-refundable.
   • If a client decides to halt web development, the deposit is forfeited.
   • Canceled development work nullifies the balance invoice, relieving the client of further financial obligations.
4. Hosting and Domain Registration:
   • Upon canceling development, any free hosting and domain registration included in the proposal/quotation become payable at standard prices unless the client opts for cancellation.
   • Clients wishing to retain the domain but cancel hosting may do so 30 days after domain registration.

8.1) Resource Usage Policy

Users must adhere to the following guidelines:

1. a) Avoid using more than 25% of system resources for more than 90 seconds, which includes activities like CGI scripts, FTP, PHP, HTTP, and Cron jobs.
2. b) Refrain from running interactive real-time chat applications that consume server resources. Remotely-hosted services are permitted.
3. c) Do not run stand-alone, unattended server-side processes, including daemons such as IRCD, on the server.
4. d) Do not run software that interfaces with an IRC network or gaming servers like counter-strike, half-life, etc.
5. e) Prohibit the use of server/browser proxies, as this will lead to immediate cancellation without notice.
6. f) Cron Scripts will be monitored for resource usage and disabled if they disrupt the normal operation of our servers.

8.2.) Bandwidth Usage Policy

Your hosting package includes a monthly bandwidth allowance, which varies based on your selected plan. If your account surpasses this allocated amount:

1. We reserve the right to suspend the account until the next allocation period.
2. Additional bandwidth can be purchased at an extra fee to reinstate the account.
3. Account suspension may also occur until an upgrade to a higher package is made.
4. In severe cases, we may terminate the account or impose additional charges for overages.
5. Unused transfer from one month cannot be carried over to the next.

9.) Domain Registrations

9.1.1 Payment Obligation:

• Within 30 days of the Effective Date, the applicant must pay the current registration fee.
• Additionally, an annual renewal fee is due within 30 days of the anniversary of the Effective Date.

9.1.2 Non-payment Consequences:

• Failure to pay fees within the specified periods may result in the withdrawal of the Domain Name registration, wholly or partially, without notice.

9.1.3 Registration Disclaimer:

• Measurable Outcomes does not verify the applicant’s right to the Domain Name. Registration is on a first-come-first-served basis and does not guarantee the right to utilize the name.

9.2 Applicant’s Warranties & Indemnity:

• The applicant warrants accuracy in the application, unrestricted use of the Domain Name, and lawful intent in its usage.
• The applicant indemnifies Measurable Outcomes against claims arising from breaches or misuse of the Domain Name.

9.3 Warranty Disclaimer:

• Measurable Outcomes disclaims all warranties regarding the Domain Name registration and usage.

9.4 Withdrawal or Transfer Rights:

• Measurable Outcomes may withdraw or transfer the Domain Name registration in specific circumstances outlined in the agreement.

9.5 Information Disclosure:

• Information provided in the application may be disseminated or published by Measurable Outcomes in compliance with industry standards.

9.6 Dispute Resolution and Refunds:

• Measurable Outcomes does not arbitrate disputes or refund fees paid for Domain Name registration.

9.7 Compliance with Third-party Rights:

• If evidence suggests a Domain Name violation, Measurable Outcomes may disclose the applicant’s information to the complainant.

9.8 Domain Registration and Renewals:

• Measurable Outcomes registers domains in the user’s name and notifies the user of renewal notifications.
• Renewal and transfer responsibilities lie with the user as the domain owner.
• Transfer requests away from Measurable Outcomes require explicit user/owner instructions

10.) Price Adjustment

We retain the authority to modify the prices displayed on our website and to enhance the resources allocated to hosting plans as deemed necessary.

Occasional annual increases in the rates of your products and services may occur, albeit we endeavor to minimize these adjustments whenever feasible.

11.) Customer Indemnity

The customer agrees to defend, indemnify, and absolve us from any demands, liabilities, losses, costs, or claims, including reasonable attorney’s fees, arising from services rendered, products sold, or actions performed by the customer, its representatives, or assigns. This includes but is not limited to:

1. Any harm to individuals or property resulting from products sold in conjunction with our services.
2. Alleged infringement or actual infringement of third-party proprietary rights due to materials provided by the customer.
3. Copyright infringement.
4. Any defective products sold to customers from Measurable Outcomes servers.

12.) Disclaimer Clause

We disclaim any responsibility for any potential damages incurred by your business. No warranties, whether expressed or implied, are provided for the services or support we offer. This includes disclaiming any warranty of merchantability or fitness for a specific purpose. We do not accept liability for data loss caused by delays, failed deliveries, incorrect deliveries, or service interruptions, whether caused by us or our employees.

13.) Law Enforcement Disclosure

Measurable Outcomes reserves the right to disclose client information to law enforcement agencies upon lawful request without further client consent or notification. We pledge full cooperation with all official law enforcement agencies. Clients are required to furnish valid identification documents and proof of residence upon request. We reserve the right to request identification and proof of residence at our discretion or as mandated by law. Failure to provide requested documents may result in suspension of services.

14.) Loss of Income Disclaimer

Measurable Outcomes cannot be held liable for any loss of income experienced by the client during any phase of website development. This exemption applies throughout the duration of the working relationship with Measurable Outcomes until services are terminated either by Measurable Outcomes or the client.

15.) App Development Disclaimer and Usage Terms

We cannot guarantee universal compatibility of the app developed for your website across all devices, such as phones, PCs, or tablets, due to the vast array of device specifications and software versions. While our apps are compatible with most devices, compatibility cannot be assured for every device. The app’s download availability may vary depending on the device and browser used. An internet connection is necessary for app functionality, especially for features like e-commerce systems, which require connectivity with payment gateways and third-party integrations. Load times may vary depending on the device’s software and technology. The app can only be downloaded from your website using a compatible device.

16.) Changes to Terms of Service

We reserve the right to amend our Terms of Service without prior notice