Terms and Conditions
These Terms and Conditions (“Terms”) govern the use of the hosting and related services provided by S.C. CROCKY S.R.L. (“Crocky”, “we”, “us”, or “our”) to you, the customer (“you”, “your”, or “Customer”). By ordering, purchasing, or using any of our services, you confirm that you have read, understood, and agreed to be bound by these Terms.
If you do not agree with these Terms, you must not use our services.
1. Company Information
These Terms are issued by:
| Legal name | S.C. CROCKY S.R.L. |
| Registered office | Strada Drăgăica nr. 5, sat Balasan, mun. Băileşti, jud. Dolj, 205101, Romania |
| Registration No. | J2024020698007, issued by ONRC Dolj |
| CUI / VAT | RO50515950 |
| EUID | ROONRC.J2024020698007 |
| Administrator | Dunavăţu Şerban-Costin |
| Website | https://crocky.host |
| General e-mail | contact@crocky.host |
| Support e-mail | support@crocky.host |
| Phone | +40 750 265 179 |
| Bank (RON) | RO08 BREL 0002 0046 8723 0100 (Libra Bank) |
| Bank (EUR) | RO67 BREL 0002 0046 8723 0202 (Libra Bank) |
| Treasury (RON) | RO61 TREZ 2925 069X XX00 2829 (Trezoreria Băileşti) |
2. Definitions
For the purposes of these Terms:
- “Services” means any hosting or related service offered by Crocky, including shared hosting, dedicated servers, reseller hosting, reseller-of-reseller hosting, domain registration, managed WordPress hosting, and game server hosting.
- “Customer Content” means all data, files, software, text, media, databases, e-mail, and any other material uploaded, stored, processed, or transmitted by you through the Services.
- “Order” means the request you submit for one or more Services via the website, client area, or any other accepted channel.
- “Billing Cycle” means the recurring period for which Services are charged (monthly, quarterly, semi-annual, annual, biennial, or triennial).
- “Client Area” means the authenticated section of our platform (WHMCS-based) where you manage Services, invoices, tickets, and account details.
- “Consumer” means a natural person acting for purposes outside their trade, business, craft, or profession, within the meaning of OUG 34/2014 and Directive 2011/83/EU.
- “Business Customer” means any legal entity or natural person acting in the course of their trade or profession.
- “SLA” means the Service Level Agreement set out in Section 9 of these Terms.
3. Scope of Services
Crocky provides, on a reseller basis, the following categories of Services:
- Shared web hosting
- Dedicated servers
- Reseller hosting
- Reseller-of-reseller hosting
- Domain registration
- Managed WordPress hosting
- Game server hosting (including, without limitation, Minecraft and similar titles)
The physical infrastructure underlying the Services is rented from upstream providers, currently OVH and Contabo. Crocky reserves the right to change or add upstream providers at any time, provided that the quality and security of the Services are not materially reduced.
Detailed specifications, resource limits, and prices for each Service are published on https://crocky.host and form an integral part of the Order.
4. Account Registration and Customer Obligations
4.1 Accurate information
When creating an account or placing an Order, you must provide accurate, complete, and up-to-date information, including full legal name (or company name), address, e-mail, and, where applicable, VAT number. You must update this information promptly whenever it changes.
4.2 Account security
You are solely responsible for maintaining the confidentiality of your account credentials (including passwords, API tokens, and SSH keys) and for all activity that occurs under your account. You must notify us immediately at support@crocky.host if you suspect any unauthorized access.
4.3 Minimum age
You must be at least 18 years old, or the age of legal majority in your jurisdiction, to enter into these Terms. If you are ordering on behalf of a legal entity, you warrant that you have authority to bind that entity.
4.4 Fraud checks
For dedicated servers and high-value Orders, we may carry out manual fraud verification before provisioning. We may request additional documentation (for example, proof of identity or proof of payment) and may refuse or cancel any Order at our sole discretion where fraud is suspected.
4.5 Customer responsibilities
You are solely responsible for:
- The legality, accuracy, and integrity of all Customer Content;
- Keeping your applications, CMS, plugins, themes, and scripts up to date and secure;
- Making and maintaining your own backups in addition to those we provide;
- Complying with all laws applicable to you and to your use of the Services;
- Responding to abuse complaints relating to Customer Content.
5. Orders and Conclusion of Contract
An Order is considered placed when you submit it through the website or Client Area and receive an automated confirmation by e-mail. The contract between you and Crocky is formed at the moment we issue the provisioning confirmation and, where payment in advance is required, we have received full payment of the corresponding invoice.
We reserve the right to refuse any Order, without giving reasons, in particular where:
- The information provided is incomplete, inaccurate, or suspected of being fraudulent;
- The Order would breach these Terms or any applicable law;
- The upstream provider capacity is insufficient;
- The Customer has an outstanding balance or a history of breaches with Crocky.
6. Prices and Payment
6.1 Prices
Prices are those published on https://crocky.host at the time the Order is placed. Prices are expressed in the currency indicated at checkout (RON or EUR). Where required, VAT is added at the rate applicable under Romanian law.
6.2 Billing cycles
Services may be purchased on monthly, quarterly, semi-annual, annual, biennial, or triennial cycles, as available for each product.
6.3 Payment methods
We accept payment via:
- Card payments processed by Stripe;
- PayPal;
- Bank transfer in RON or EUR only;
- NETOPIA Payments (NETOPIA FINANCIAL SERVICES S.A.);
- Payments via Treasury account (Cont Trezorerie) in RON, available only to Romanian public institutions.
6.4 Invoicing
Invoices are issued electronically and made available in the Client Area and by e-mail. You consent to receive invoices in electronic form.
6.5 Auto-renewal
Unless you disable it in the Client Area, Services renew automatically at the end of each Billing Cycle at the then-current published price. A renewal invoice is generated in advance of the renewal date. You may disable auto-renewal at any time via the Client Area.
6.6 Late payment and suspension
If a renewal or other invoice is not paid by its due date:
- The Service may be suspended 3 days after the due date;
- Customer Content is retained for a further 14 days after suspension, during which time the Service may be restored upon full payment (a reactivation fee may apply);
- After the 14-day retention period, Customer Content is permanently deleted and the Service is terminated. Recovery thereafter is impossible.
Overdue amounts may accrue statutory interest in accordance with applicable Romanian law.
6.7 Price changes
We may change prices for future Billing Cycles. Any price change will be notified to you by e-mail to the address registered in the Client Area at least 14 days before it takes effect. If you do not agree with the new price, you may cancel the Service before the end of the current Billing Cycle without further charge.
6.8 Taxes
Prices displayed may be exclusive of VAT where indicated. Customers outside Romania but within the EU providing a valid VAT number may qualify for reverse charge, in accordance with applicable EU VAT rules. Customers are responsible for any taxes, duties, or levies applicable in their own jurisdiction.
7. Delivery and Provisioning
Delivery times, calculated from the moment the Order is confirmed and payment has cleared, are:
- Shared hosting, reseller hosting, reseller-of-reseller hosting, managed WordPress: instantly, via automated provisioning;
- Game servers: within 1 hour;
- Dedicated servers: within 72 hours;
- Domain registrations: typically within a few hours, subject to registry propagation (which may take up to 48 hours and is outside our control).
If provisioning cannot be completed within the stated times due to reasons attributable to Crocky, you may request a refund of the amount paid for the affected Order, without prejudice to any additional rights under applicable consumer law.
Further details are set out in our separate Delivery Policy.
8. Withdrawal, Cancellation, and Refunds
Customers who qualify as Consumers have a statutory right of withdrawal of 14 days under OUG 34/2014. In addition, Crocky offers a 14-day money-back guarantee covering most Services. Certain items are non-refundable (in particular, domain registrations and dedicated servers once provisioned).
Full details, including the withdrawal form, pro-rata rules for mid-term cancellations, and the list of exceptions, are set out in our separate Cancellation and Refund Policy, which forms an integral part of these Terms.
9. Service Level Agreement (SLA)
9.1 Uptime commitment
Crocky commits to a monthly uptime of 99.9% for Services, measured at the network level and excluding the circumstances listed in Section 9.3.
9.2 SLA credit
If monthly uptime falls below 99.9%, you are entitled, upon written request sent to support@crocky.host within 30 days of the incident, to a service extension credit calculated as follows:
SLA credits are the sole and exclusive remedy for uptime failures.
9.3 SLA exclusions
The SLA does not apply to downtime caused by:
- Scheduled or emergency maintenance announced in advance via e-mail, status page, or the Client Area;
- Failures of the upstream providers (OVH, Contabo, or any other provider Crocky uses), to the extent such failures are not attributable to Crocky;
- Distributed denial-of-service (DDoS) attacks and similar malicious traffic exceeding the mitigation capacity of the upstream provider;
- Customer actions or misconfigurations, including abuse of resources, insecure software, or compromised accounts;
- Domain registry, DNS resolver, or registrar issues outside Crocky’s control;
- Force majeure events as defined in Section 18.
10. Backups
Crocky performs daily backups of Customer Content for Services where backups are included by default. Backups are intended as an internal disaster-recovery mechanism and are provided on a best-effort basis.
You remain solely responsible for maintaining your own independent backups of all Customer Content. Crocky does not guarantee the integrity, completeness, or recoverability of any backup and accepts no liability for loss of data that could have been avoided by you maintaining your own backups.
Backup restores may be subject to a reasonable handling fee, as published on https://crocky.host.
11. Resource Usage and Fair Use
Each Service is subject to the resource limits and fair use rules published at the time of the Order (CPU, RAM, storage, inodes, bandwidth, number of processes, and similar). If your usage exceeds these limits or materially impacts other customers or the upstream infrastructure, we may, at our reasonable discretion and after giving you notice where practicable:
- Throttle the affected Service;
- Require you to upgrade to a higher plan;
- Temporarily suspend the affected Service;
- In cases of severe or repeated abuse, terminate the Service in accordance with Section 14.
12. Acceptable Use Policy (AUP)
You agree not to use the Services, and not to permit any third party to use the Services, for any of the following:
12.1 Strictly prohibited in all cases
- Any content or conduct that is illegal under Romanian, EU, or any other applicable law;
- Child sexual abuse material (CSAM), content sexualizing minors in any form, or content that facilitates grooming;
- Content that incites or promotes violence, terrorism, genocide, or hatred against protected groups;
- Phishing, pharming, fraud, identity theft, or any deceptive practice;
- Malware, ransomware, spyware, viruses, trojans, rootkits, worms, botnet command-and-control, or any malicious code, whether for distribution, hosting, or development purposes;
- Spam, bulk unsolicited e-mail (UCE), SMS spam, or any breach of anti-spam laws;
- Cryptocurrency mining of any kind, including browser-based mining scripts, and the operation of cryptocurrency full nodes, validators, stakers, or similar intensive crypto workloads;
- VPN services, proxy services, TOR exit nodes, or any service whose primary purpose is to anonymize or reroute third-party traffic through the Services;
- Copyright, trademark, or other intellectual-property infringement;
- Unauthorized access to third-party systems, port scanning, vulnerability scanning of third parties without permission, DDoS tools, stressers, booters;
- Content violating the privacy, personality, or reputation rights of others (including non-consensual intimate imagery, doxxing, or harassment).
12.2 Permitted with conditions
Legal adult content is permitted provided that it (i) is fully compliant with Romanian and EU law, (ii) depicts only consenting adults aged 18 or over, (iii) has the required age verification and 2257-equivalent record keeping where the originating jurisdiction requires it, and (iv) does not include any category listed in Section 12.1.
12.3 Reporting abuse
Anyone wishing to report a suspected violation should contact us at support@crocky.host, providing all available evidence (URLs, timestamps, logs, identifying information). Valid notices under Directive (EU) 2000/31/EC, Regulation (EU) 2022/2065 (DSA), and the Romanian DMCA-equivalent framework will be processed in accordance with law.
Crocky reserves the right to investigate suspected violations and to suspend or terminate Services, remove content, or disclose information to competent authorities where required by law or by a valid legal request.
13. Domain Names
Domain registrations are subject to the policies of the relevant registry and registrar, which apply in addition to these Terms. You are responsible for providing accurate WHOIS data and for complying with the registry’s eligibility and dispute-resolution rules (including UDRP where applicable).
Once a domain has been registered, the registration fee is non-refundable, regardless of whether you cancel other Services. Domain renewals are also non-refundable once processed. You should disable auto-renewal before the renewal date if you do not wish the domain to renew.
14. Suspension and Termination
14.1 Suspension by Crocky
We may suspend your Service, in whole or in part, with or without prior notice depending on severity, if:
- Payment is overdue (see Section 6.6);
- You are, or are reasonably suspected of, breaching these Terms, the AUP, or any applicable law;
- A Service is subject to an active attack, vulnerability, or exploitation that endangers our infrastructure or other customers;
- A competent authority requires it.
14.2 Termination for cause
We may terminate any or all of your Services immediately, without refund, in cases of serious or repeated breach, including breaches of Section 12 (AUP), fraud, or conduct that exposes Crocky to legal or reputational risk.
14.3 Termination by the Customer
You may cancel your Service at any time via the Client Area. Cancellation rules, including refund entitlements, are set out in the Cancellation and Refund Policy.
14.4 Effect of termination
Upon termination for whatever reason:
- Your access to the affected Services ceases;
- On voluntary cancellation, Customer Content is deleted immediately and without the possibility of recovery. You must export all data you wish to keep before cancelling;
- On termination for non-payment, Customer Content is deleted after the retention period set out in Section 6.6;
- Any outstanding sums owed to Crocky become immediately due and payable.
15. Intellectual Property
15.1 Your content
You retain all rights in Customer Content. By uploading Customer Content, you grant Crocky a limited, non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit, and display it solely to the extent necessary to provide the Services.
15.2 Our platform
All rights in the Crocky brand, logos, software, documentation, and website content are reserved. Nothing in these Terms transfers any intellectual property rights to you, other than a non-exclusive, revocable right to use the Services as contemplated by these Terms.
15.3 Third-party software
Some Services include third-party software (cPanel, DirectAdmin, Plesk, WHMCS, Pterodactyl, WISP, Multicraft, WP Squared, and others). Your use of such software is subject to the applicable third-party licence terms.
16. Warranties and Disclaimers
The Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Crocky disclaims all implied warranties, including merchantability, fitness for a particular purpose, accuracy, and non-infringement, other than those warranties that cannot lawfully be excluded (in particular the statutory rights of Consumers under Romanian and EU law, which are not affected by these Terms).
We do not warrant that the Services will be uninterrupted, error-free, secure against every possible threat, or free from data loss. Our uptime commitment is exclusively as set out in Section 9.
17. Limitation of Liability
17.1 Cap
To the maximum extent permitted by law, Crocky’s total aggregate liability to you arising out of or in connection with these Terms or the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to the amount paid by you to Crocky for the affected Service during the one (1) month preceding the event giving rise to the claim.
17.2 Excluded losses
Crocky is not liable for:
- Loss of profit, revenue, business, goodwill, or anticipated savings;
- Loss or corruption of data (save as strictly required by mandatory law);
- Indirect, consequential, or special losses;
- Losses arising from Customer Content, third-party acts, or your own acts or omissions.
17.3 Carve-outs
Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited. The statutory rights of Consumers under Romanian and EU law are not affected.
18. Force Majeure
Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, wars, armed conflicts, acts of terrorism, pandemics, government actions, strikes, failures of telecommunications or electricity networks, failures of upstream providers, or large-scale cyber-attacks. The affected party must inform the other as soon as reasonably practicable.
19. Personal Data
Crocky processes personal data in accordance with Regulation (EU) 2016/679 (GDPR), Romanian Law no. 190/2018, and other applicable law. Full information, including lawful bases, retention periods, and sub-processors, is set out in our Privacy Policy, which forms an integral part of these Terms.
Where Crocky processes personal data on your behalf (for example, visitor data in databases you host with us), you are the controller and Crocky acts as processor. A Data Processing Agreement (DPA) is available on request at support@crocky.host.
20. Changes to the Terms
We may amend these Terms from time to time. Material changes will be notified to you by e-mail to the address registered in the Client Area at least 14 days before they take effect. If you do not agree with the changes, you may terminate the affected Service before the changes take effect; continued use of the Services after the effective date is deemed acceptance.
21. Notices and Communications
21.1 From Crocky to you
We will send notices to the e-mail address registered in your Client Area. It is your responsibility to keep that address accurate and monitored.
21.2 From you to Crocky
Formal notices should be sent to support@crocky.host (operational matters) or, for legal notices, to both contact@crocky.host and the registered office address set out in Section 1.
21.3 Support channels
Day-to-day support is provided via:
- The ticket system available at https://crocky.host;
- E-mail to support@crocky.host;
- Live chat on https://crocky.host;
- WhatsApp (channel published on the website).
Binding legal notices sent exclusively via WhatsApp or live chat are not considered validly delivered.
22. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations in connection with a reorganization, merger, or sale of all or substantially all of our business, provided that your rights under these Terms are not materially reduced.
23. Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in force. The invalid provision will be replaced by a valid provision that comes as close as possible to the original economic and legal intent.
24. Entire Agreement
These Terms, together with the Privacy Policy, the Cancellation and Refund Policy, the Delivery Policy, any SLA documents, and the specifications of the ordered Service, constitute the entire agreement between you and Crocky in relation to the Services and supersede any prior agreements or understandings.
25. Governing Law and Jurisdiction
25.1 Governing law
These Terms are governed by Romanian law, without regard to its conflict-of-laws rules. For Consumers, this choice of law does not deprive you of the protection afforded by mandatory provisions of the law of your country of habitual residence.
25.2 Jurisdiction
Any dispute arising out of or in connection with these Terms is subject to the exclusive jurisdiction of the Tribunalul Dolj, Romania. For Consumers, this does not affect the right to bring proceedings before the courts of your country of residence where mandatory law so provides.
25.3 Consumer ODR
If you are a Consumer resident in the EU, you may submit disputes to the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. You may also use the Romanian ANPC (Autoritatea Națională pentru Protecția Consumatorilor) channels.