Yama Industrials, Inc. – Post-Agreement & Ad-Hoc Support Policy
Document ID: YI-POL-004 Effective Date: July 1, 2025 Version: 1.0
1. Purpose and Scope
This policy governs the service relationship for clients whose subscription-based Service Agreement ("Agreement") with Yama Industrials, Inc. has expired due to non-renewal or has been terminated for cause, such as non-payment. It establishes the terms under which a client is transitioned from a proactive, subscription-based service to a reactive, on-demand support model.
This policy is a component of the master Terms of Service available at resources.yamaindustrials.com, as referenced on all client invoices.
2. Policy Statement: Transition to Ad-Hoc Support Status
Upon the expiration or termination of a client's subscription Agreement, the client's account will automatically transition to "Ad-Hoc Support Status." This transition involves the following fundamental changes:
Cessation of All Proactive Services: All proactive "Operate" and "Optimize" services included in the subscription are terminated immediately. This includes, but is not limited to:
All monitoring for hardware anomalies, network uptime, and performance.
All application of software updates, firmware upgrades, and security patches.
All warranty hardware replacement coordination.
Access to all-inclusive Business Hours Support as defined in the subscription.
Change in Purpose of Administrative Access: The client acknowledges that due to the technical requirements of the unified hardware management system, Yama Industrials, Inc. must retain its administrative credentials on the device. However, the purpose and legal standing of this access are fundamentally altered:
Administrative access is retained for the sole purpose of enabling client-initiated, billable, ad-hoc support requests.
All proactive monitoring, management, and alerting functions associated with this access are disabled.
Yama Industrials, Inc. will not access the device for any reason unless explicitly requested by an authorized client contact for a billable service engagement.
3. Client Acknowledgment and Full Assumption of Risk
By failing to renew the Service Agreement or by defaulting on payment, the client acknowledges and explicitly agrees to the following:
Sole Responsibility: The client assumes sole and exclusive responsibility for the ongoing security, operation, maintenance, and compliance of their network and firewall. The client affirms that Yama Industrials, Inc. is not their acting CISO and that the client retains ultimate responsibility for their own cybersecurity posture.
Increased Risk Profile: The client understands that without the proactive patching, monitoring, and management provided under the subscription service, their hardware and network will become increasingly vulnerable to newly discovered security threats, software bugs, and performance degradation over time.
Indemnification: The client agrees to indemnify, defend, and hold harmless Yama Industrials, Inc. from any and all claims, liabilities, and damages arising from security incidents, data breaches, system failures, or regulatory non-compliance that occur while the account is in Ad-Hoc Support Status, except in cases of proven gross negligence or willful misconduct by Yama Industrials during a specific, client-authorized service engagement.
4. Terms of Ad-Hoc (Break-Fix) Support
All support requests from a client in Ad-Hoc Support Status are governed by the following terms:
Reactive and Billable: Service is initiated only by a formal request from an authorized client contact. All work performed is billable at the standard Time & Materials (T&M) rates then in effect, as specified for non-covered services in our standard agreements.
No Service Level Agreement (SLA): Requests are handled on a best-effort basis and are not subject to the response time guarantees of any previous subscription plan.
Acceptance of Terms: By initiating a service request, the client explicitly agrees to the terms outlined in this policy and the associated T&M charges.
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