Partner Terms of Service

Last updated: August 2026.

These Terms of Service ("Terms") govern your use of the services provided by After Hours Ops, LLC ("After Hours Ops"). By subscribing to and/or using our services, you agree to accept, comply with, and understand all of the Terms of Service and policies below in full.

Who we contract with, and definitions

After Hours Ops sells only to agencies, development shops, consultancies, managed service providers, and similar partners. We do not sell these services to end customers under this brand.

In these Terms, "Partner" (also "you" and, throughout the clauses below, "customer") means the agency or other business that contracts with After Hours Ops. "Client" means a customer of the Partner. "Client Environment" means the servers, cloud accounts, and related systems belonging to or operated for a Client that the Partner places under coverage. "Covered Hours" means the coverage window agreed for a given Client Environment. "Guardrails Sheet" means the written, per-Client document recording what we may do on our own, what must be escalated to you, and what waits until morning.

No third-party beneficiaries. These Terms are between After Hours Ops and the Partner alone. A Client is not a party to these Terms and gains no rights under them. Any commitment a Partner makes to its own Clients, including any service level, is the Partner's commitment and not ours, and we are not liable to a Client for it.

Where a signed partner agreement exists between the Partner and After Hours Ops, that agreement controls to the extent it conflicts with these Terms.

Agencies and similar partners only: our non-circumvention commitment

This is the commitment our partner model rests on, and it binds us. It has two parts, and they last for different lengths of time. Both bind After Hours Ops and any company under common ownership or control with it.

What never expires. We will not contact, market to, brand to, solicit, or pitch a Covered Client, and we will not use a Partner's Client list, Client identities, or anything we learn while working in a Client Environment to pursue that Client's business. This continues indefinitely. It survives termination of these Terms, and it keeps binding us after a Covered Client stops being a client of the Partner.

What lasts for the partnership and twenty-four (24) months after it. We will not accept or perform work for a Covered Client at all, even where that Client approaches us entirely on their own and we did nothing to prompt it. If a Covered Client approaches us during this period we will decline the work and route the enquiry back to the Partner. This period runs for as long as the partner relationship lasts and for twenty-four (24) months after it ends; the clock starts when the partner relationship ends, never when a Client Environment was placed under coverage. Should a court of competent jurisdiction hold twenty-four (24) months to be unreasonable, the parties intend this period to be eighteen (18) months, and should that also be held unreasonable, twelve (12) months.

"Covered Client" means a Client whose environment was placed under coverage and recorded in the Partner's account with us. These obligations apply to the extent we know, or would reasonably be expected to know, that a person is a Covered Client. General advertising and marketing that is not directed at a Partner's Clients is not a breach of either part.

This commitment is about the Partner's Clients specifically. It is not a statement that no other company under common ownership sells to end customers.

Where a signed partner agreement exists, its non-circumvention terms control, and this section is a summary of them. Any change we make to this section applies only going forward; it does not alter the commitment owed to a Partner whose agreement was already in place.

Partner authority over Client Environments

We work inside systems that belong to your Clients, not to you and not to us, so the authority to let us in has to come from you in writing. By placing a Client Environment under coverage, the Partner represents and warrants that it has the authority, from the Client and from anyone else whose permission is required, to: grant After Hours Ops access to that Client Environment; permit the actions recorded in the Guardrails Sheet to be taken in it, including during incidents and without contemporaneous notice to the Client; and permit us to receive and process data from it, including personal data, as described in our Privacy Policy.

The Partner is responsible for obtaining and maintaining that authority, and for telling us promptly when it changes or ends. We may suspend coverage of a Client Environment if we have reason to believe the authority is absent or withdrawn. We are entitled to rely on the Partner's instructions about a Client Environment without independently verifying them with the Client.

Working under your brand

Coverage is delivered in the mode agreed per Client: invisible, where we work behind your team, inside your ticketing and chat, and communicate only with you, or disclosed, where we may be identified as your operations partner. For invisible mode, the Partner grants After Hours Ops a limited, non-exclusive, revocable licence to use the Partner's name and marks solely to deliver the service, and only in the ways the Partner specifies. We make no representations to a Client on our own behalf, and we will not hold ourselves out as having a contractual relationship with a Client.

Guardrails and escalation

The Guardrails Sheet for each Client Environment defines the limits of what we are authorised to do. We act within it, we escalate anything beyond it to the Partner rather than acting, and we do not treat silence as approval. Changes to a Guardrails Sheet take effect when recorded in writing by both parties. Where we reasonably believe an action outside the Guardrails Sheet is necessary to prevent imminent, serious harm and the Partner cannot be reached, we may act, and we will tell you what we did and why as soon as practicable.

Subscription, billing, renewal, and cancellation

Our services are sold as a recurring, month-to-month subscription with no long-term contract and no setup fee. By placing an order and providing payment information, you authorize After Hours Ops to charge your payment method on file for the agreed amount at the start of each billing cycle, according to the plan you select. Where you and After Hours Ops agree in writing to a longer prepaid cycle, for example quarterly or annual, that cycle applies instead.

We price on your portfolio, based on the Client Environments under coverage and the Covered Hours chosen for each, and never as a percentage of anyone's cloud bill. Client Environments may be added or removed as your client base changes; additions are charged from the date coverage begins, and removals take effect at the end of the current billing cycle.

Subscriptions renew automatically at the end of each billing cycle at the then-current rate, and continue on the same cycle until you cancel. We will notify you by email at least thirty (30) days before any change to renewal pricing for an active subscription.

How to cancel. You may cancel your subscription at any time by emailing sales [at] afterhoursops.com or by opening a ticket in our support portal. Cancellations take effect at the end of the current paid billing period. For any prepaid multi-month cycle, no partial refunds are issued for the unused portion of the cycle except as expressly provided under our 30-day money-back guarantee below.

30-day money-back guarantee. If you cancel within the first thirty (30) days of your initial signup for a given plan, you are entitled to a full refund of fees paid for that initial period. The money-back guarantee applies once per customer per plan and does not apply to renewals or subsequent signups. After the initial 30-day window, all payments are non-refundable as set out in the "Disputes" section below.

Failed payments. If a renewal charge is declined, After Hours Ops will attempt to notify you at the email address on file and retry the charge. Services may be suspended if payment is not received within seven (7) days of the original due date, and may be terminated if not received within thirty (30) days. Reactivation may require payment of past-due amounts.

Keeping payment information current. You are responsible for keeping the payment method on file accurate and current. After Hours Ops is not liable for service interruptions, suspensions, or terminations caused by an expired, invalid, or revoked payment method.

Price changes. After Hours Ops may change the price of any plan with at least thirty (30) days' written notice to the email address on file. Continued use of the service after the change takes effect constitutes acceptance of the new price. Price changes do not apply to billing cycles already paid in advance.

Taxes. All prices are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for paying any such amounts.

Service levels

Our standard service-level targets are that a real engineer is engaged within 15 minutes on critical alerts, and support tickets are answered within 30 minutes. Custom service-level agreements are available. The specific service levels, response targets, and any service credits that apply to your account are set out in your order or in a separate service-level agreement.

These targets apply during the Covered Hours agreed for each Client Environment, and they run to the Partner only. Where a Partner promises its own Clients a different or stronger service level, that promise is the Partner's alone.

Access to Client Environments

Our access is least-privilege, granted to named individual engineers, and logged in the Client's own audit records where the platform provides them. Access is granted through the mechanism agreed for each platform, and it can be revoked by the Partner or the Client at any time, without notice to us and without our cooperation. Revoking access may prevent us from meeting the service levels for that Client Environment, and we are released from those service levels for as long as access is unavailable.

The Partner is responsible for providing accurate access, and for the configuration, content, and lawful operation of each Client Environment. Where we deploy monitoring into a Client Environment, it is deployed into the Client's own account and the Client keeps it; on offboarding we remove our alert destination and leave the rest in place.

Data protection

In delivering coverage we access data held in Client Environments, which may include personal data for which the Partner or the Client is the controller. For that data we act on the Partner's documented instructions as a processor or sub-processor, as described in our Privacy Policy, and we do not use it for any purpose of our own. The Partner is responsible for having the data-processing terms it needs in place with its own Clients. We will enter into a data processing agreement where a Partner requires one, and we will assist a Partner in responding to a data subject request that concerns a Client Environment we cover.

Our engineers work follow-the-sun shifts and some are located outside the United States, so covered work involves access to Client Environment data from outside the United States, protected by the safeguards described in the Privacy Policy.

Indemnification

Customer agrees that it will protect, indemnify, save, and hold After Hours Ops harmless from any and all stipulations, liabilities, losses, expenses, and claims, as well as reasonable attorney's fees assessed against After Hours Ops, its agents, customers, officers, employees, and administration that may arise or result from any service provided or performed or agreed to be performed for the customer. Customer agrees to defend, indemnify, and hold After Hours Ops harmless against liabilities arising out of: (1) any injury to person or property caused by any product or service the customer operates in association with After Hours Ops's services; (2) any material furnished by the customer infringing or allegedly infringing on the proprietary rights of a third party; and (3) copyright violation and any defective products or services provided by the customer.

Because the work is performed in systems belonging to third parties, the Partner additionally agrees to defend, indemnify, and hold After Hours Ops harmless against any claim brought by a Client or by any other person with an interest in a Client Environment, to the extent the claim arises from: the Partner having placed a Client Environment under coverage without the authority described above; the Partner's own agreements with, or representations to, that Client, including any service level the Partner promised; or actions we took within the Guardrails Sheet as it stood at the time.

Governing law, jurisdiction, and venue

The validity, interpretation, construction, and performance of this agreement shall be governed by the laws of the State of Arizona. The state courts of Maricopa County, Arizona (or, if there is exclusive federal jurisdiction, the United States District Court for the District of Arizona) shall have exclusive jurisdiction and venue over any dispute arising out of this agreement, and customers hereby consent to the jurisdiction of such courts.

Customer's sole remedy

After Hours Ops's entire liability and the customer's exclusive remedy shall be the refund of up to thirty (30) days of service.

Limitation of liability

Customer acknowledges and agrees that the consideration which After Hours Ops is charging hereunder does not include any consideration for assumption by After Hours Ops of the risk of the customer's consequential or incidental damages which may arise in connection with the customer's use of the services. Accordingly, the customer agrees that After Hours Ops shall not be responsible to the customer for any loss of profit, indirect, incidental, special, or consequential damages arising out of the use of the services.

Any provision herein to the contrary notwithstanding, the maximum liability of After Hours Ops to any person, firm, or corporation whatsoever arising out of or in connection with any use or other employment of any service delivered to the customer hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort, or otherwise, shall in no case exceed the actual price paid to After Hours Ops by the customer for thirty (30) days of the service whose use or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of After Hours Ops arising out of this agreement. The parties acknowledge that the limitations set forth in this agreement are integral to the amount of consideration levied in connection with the services and any services rendered hereunder, and that, were After Hours Ops to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.

Disputes

All payments after the first 30 days of service to After Hours Ops are non-refundable, regardless of usage or reason. Any incorrect charges, overcharges, or billing disputes must be reported within 60 days of the time the charge occurred.

Disclaimer

After Hours Ops will not be responsible for any damages your business may suffer. After Hours Ops makes no warranties of any kind, expressed or implied, for the services we provide. After Hours Ops disclaims any warranty of merchantability or fitness for a particular purpose. This includes loss of data and any and all service interruptions caused by After Hours Ops and its representatives, contractors, or employees. After Hours Ops reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

After Hours Ops expects its customers to fully comply with all applicable laws in their use of the services and in the operation of their own environments. A customer's failure to comply with those laws will violate this policy. In accepting services, customers indemnify After Hours Ops for the violation of any law or After Hours Ops policy that results in loss to After Hours Ops or the bringing of any claim against After Hours Ops. This means that if After Hours Ops is sued because of activities of the customer that violate any law or this policy, the customer will pay any damages awarded against After Hours Ops, plus costs and reasonable attorneys' fees.

Refusal of service

After Hours Ops reserves the right at its sole discretion to refuse or cancel service. Violation of any of After Hours Ops's rules and regulations could result in a warning, suspension, or possible account termination.

Zero tolerance

After Hours Ops will provide no service of any type for customers which host, promote, or are in any way purposefully engaged in pornography (including both hardcore and softcore pornography), gambling, warez, get-rich-quick schemes, malicious software, hacking, spamming, copyrighted content not owned by you, or any type of illegal activity, or which host content deemed inappropriate at our sole discretion.

Customer abuse

We have no tolerance for abusive language or abusive behavior towards our company, the service we provide, or our employees. Any customer deemed at our sole discretion to be abusive to our company, the service we provide, or our employees will be subject to immediate, irrevocable account termination without any refund.

Waiver

Customer agrees that the waiver of any breach, or the failure to enforce these terms and conditions at any time, shall not in any way affect, limit, or waive the right of After Hours Ops thereafter to enforce and compel strict compliance by the other party regarding any of these terms and conditions.

Severance

If any one or more sections of these terms and conditions should ever be determined to be illegal, invalid, or otherwise unenforceable by reason of any law, statute, regulation, or public policy, then, to the extent and within the jurisdiction in which the section is illegal, invalid, or otherwise unenforceable, the section shall be limited or severed and deleted from these terms and conditions, and the remaining sections shall survive, remain in full force and effect, and continue to be binding, and shall not be affected except as may be necessary to make sense of these terms and conditions, and shall be interpreted to give effect to these terms and conditions to retain their validity.

Confidentiality statement

After Hours Ops ensures that all personal information submitted to us in processing your order and for billing purposes (including but not limited to payment card information) will be kept strictly confidential and used solely by After Hours Ops, its representatives, contractors, and employees, for the purposes for which it was intended, for the benefit of the subscriber. We agree not to share or release such information for advertising or marketing purposes to any unaffiliated third party without the consent of the subscriber, except as required by law, regulation, or governmental authority. All information provided to us by the subscriber is properly stored and handled at all times by authorized After Hours Ops staff members, representatives, contractors, and employees only.

Questions about these Terms

Email sales [at] afterhoursops.com for any question about these Terms of Service. See also our Privacy Policy.