Terms & Conditions of Service

Preamble

This document (the "Terms & Conditions" or "T&C") governs the use of the services offered by HostX Web Services SRL (the "Provider", the "Supplier", "HostX") through the website www.hostx.ro. Placing an online order and/or making a payment constitutes full and unconditional acceptance of these T&C and their annexes, equivalent to the client's signature under Law no. 365/2002 on electronic commerce, EU Regulation no. 910/2014 (eIDAS), and Law no. 455/2001 on electronic signatures. For orders placed outside the website (by email, telephone, the helpdesk system, or direct meetings), the Provider's framework services contract applies.

1. Definitions

Beneficiary / Client: the legal entity or natural person who places an order and uses the Provider's services.

Service: any of the services provided by the Provider, including, by way of example: web hosting (shared, reseller), virtual (VPS) and dedicated servers, domain-name registration/renewal, SSL certificates, email services, server administration, as well as related programming, development, consulting, and cybersecurity services.

Subscription: the features and characteristics specific to the Service, contracted for a period of 1, 3, 6, 12, 24, or 36 months.

Client Account: the system accessible 24/7 at https://my.hostx.eu, through which the Beneficiary manages their orders, payments, and support requests.

Consumer: the natural person acting for purposes outside of their commercial or professional activity, within the meaning of consumer protection legislation.

2. Acceptance of the Terms and Formation of the Contract

Use of the Provider's services requires reading and fully accepting these T&C. When placing an order, the Beneficiary expressly confirms — by ticking the "I have read and accept the Terms & Conditions" box — that they are aware of these rules.

The contract is deemed concluded on the date the online order is placed and/or the payment is made. By placing the order, the Beneficiary declares on their own responsibility that they have the legal capacity to contract, are at least 18 years old (in the case of natural persons), and that the data provided is real, correct, and complete. Providing false or incomplete data entitles the Provider to refuse, restrict, or terminate the services.

The Provider reserves the right to accept or refuse any order, following verification of the data and the level of trust associated with the order or the Beneficiary, as well as the right to select its clientele, without any obligation to justify its decision.

3. Subject of the services

The Provider makes available to the Beneficiary the services ordered, in accordance with the public offer available on www.hostx.ro at the date of the order. Each order is detailed in a proforma invoice sent by email. Subsequent changes to the services are requested by email at [email protected] or through the Client Account.

4. Prices and payment

Prices are expressed in euros (VAT is added on top); proforma invoices are issued in lei, at the BNR exchange rate + 2% from the day the proforma is issued, for all services. Payment is made in advance, by bank transfer or card, in accordance with the methods displayed on the site.

The payment obligation becomes due within 5 working days of the transmission of the first proforma invoice, and within 14 calendar days for subsequent periods. Initial activation of the Service is carried out within a maximum of 48 hours from payment confirmation.

Penalties: for legal-entity and authorized-natural-person clients, in the event of late payment, the Provider may charge penalties of 0.5% per day on the outstanding amount, calculated from the due date until full payment. This clause does not apply to consumer clients.

Changes to the structure of Subscriptions may be communicated to the Beneficiary by email or by posting on the site. Prices may only be modified after the Beneficiary is explicitly informed by email, at least 30 calendar days before the change takes effect. Services paid in advance are not affected by the new prices until they are renewed.

5. Duration, renewal, and cancellation

Services are provided for the period chosen by the Beneficiary at the time of the order and are automatically renewed for successive equal periods, provided the renewal invoice is paid on time. The Beneficiary may request cancellation of the renewal as follows: for shared and reseller hosting services — up to the time of expiry; for virtual servers — at least 7 calendar days in advance; for dedicated servers — at least 30 calendar days in advance. For custom solutions, the terms of the annexes prevail if they provide otherwise.

6. Consumer's right of withdrawal

In accordance with GEO no. 34/2014, the natural-person Beneficiary who qualifies as a consumer has the right to withdraw from the contract, without justification and without incurring other costs, within 14 calendar days from the conclusion of the contract. A consumer who expressly requests that Service performance begin before that deadline expires acknowledges that they lose their right of withdrawal once the Service has been fully performed, in accordance with Art. 16(a) of GEO no. 34/2014. In the event of withdrawal, the Provider refunds the amounts paid within 14 calendar days at the latest from being informed of the withdrawal decision, using the same payment method; if the Service was partially performed at the consumer's request, the consumer pays the proportional value of the Service supplied.

For dedicated servers and custom-configured (personalized) solutions, the consumer's right of withdrawal is excluded under Art. 16(c) of GEO no. 34/2014.

7. Refund policy (money-back guarantee)

The money-back guarantee applies to shared and reseller hosting services: the Beneficiary may request a full refund of the amount paid (less the value of any third-party services already supplied — domain registration/renewal, licenses, SSL certificates — and, where applicable, the support hours related to data migration), within 30 calendar days from activation of the order. After this deadline, the Beneficiary loses the right to a refund of the amounts paid for the remaining unused period.

The money-back guarantee does not apply, and amounts paid are not refunded for:

• virtual and dedicated servers;
• domain names, licenses, and SSL certificates;
• programming, development, consulting, and cybersecurity services;
• backup recovery;
• services restricted or closed as a result of a breach of these T&C.

The refund is processed within a maximum of 14 working days, by issuing a reversal invoice. The money-back guarantee is a commercial guarantee offered by the Provider and does not affect the consumer's statutory right of withdrawal set out in Chapter 6.

8. Restriction and deletion

Breach of the Beneficiary's obligations entitles the Provider to restrict the Service until the issues causing the restriction are remedied, without deleting data during the restriction period. If payment is more than 7 days late, the Service may be restricted; if the delay exceeds 14 days, the data associated with the unpaid Service may be deleted from the Provider's servers.

Reactivation / restoration: for restoring data from the backup archive deleted as a result of non-payment, the Provider charges: for shared hosting — a one-off fee of at least €25 + VAT; for virtual and dedicated servers — billing within the support-hour framework, at the applicable rate.

9. Acceptable use policy (AUP)

The Beneficiary is solely responsible for content stored, published, or transmitted through the Services and warrants that they hold all necessary rights, licenses, and consents, in compliance with applicable law, including personal-data protection law. It is forbidden to use the Services to store, publish, distribute, or facilitate access to:

• Cybersecurity: malware, ransomware, malicious code, phishing pages, spam infrastructure, botnets, abusive proxies, attack tools, or unauthorized-access tools.
• Piracy: pirated software, cracks, keygens, serials, torrent trackers, materials that facilitate license infringement or unauthorized distribution of protected content.
• Intellectual property: materials that infringe copyrights, trademarks, patents, or other third-party rights.
• Serious illegal content: child sexual abuse material (CSAM), child exploitation, fraud, identity theft.
• Abuse, harassment, violence: incitement to violence, terrorism, extremism, racism, xenophobia, discrimination, threats, harassment, defamation, non-consensual disclosure of personal data (doxxing).
• Sexual content without strict compliance with applicable regulations; deceptive or fraudulent content.

On shared servers, the following are also prohibited: chat/IRC applications, using the space as backup/file-sharing/streaming storage, and sending unsolicited commercial messages (SPAM). Depending on the severity of the breach, the Provider may remove content, restrict access or the Service, or terminate the contract and/or notify the competent authorities. Where the breach allows voluntary remediation and does not present an immediate risk, the Provider grants the holder 72 hours to remedy it; in situations of immediate risk, measures may be applied without prior notice, with the holder informed afterwards.

10. Email-sending policy

For the proper operation of shared services, the Beneficiary complies with the hourly and daily email-sending limits set by the Provider for each plan, available on request at [email protected]. Bulk email sending and SPAM are prohibited and may lead to service restriction. The "postmaster" and "abuse" prefixes are reserved.

11. Availability (SLA)

The Provider ensures Service availability of at least 99.9% over a calendar month, excluding scheduled maintenance, unavailability of third-party networks, cyberattacks, unforeseeable hardware failures not attributable to the Provider, and restrictions due to T&C breaches. If this level is not met, the Beneficiary may request, within 14 days of the event, compensation in the form of reductions applicable to the next invoice:

12. Domain names

The Provider's responsibility is limited to providing the domain-name registration/renewal service; availability check is the only verification carried out by the Provider, while checking legality and third-party rights is the Beneficiary's responsibility, who becomes the rightful owner and legally responsible for the domain. Each extension is administered by a registry with its own terms, which the Beneficiary accepts. The service operates on a "first come, first served" basis; the Provider does not guarantee availability between the moment of order and payment, nor timely renewal.

Personal Numeric Code (CNP): The CNP is not collected for invoicing. It is requested only when the registration of certain domain extensions by natural persons requires it (e.g., .ro and .it), is provided strictly for this purpose, used only for domain registration, and deleted immediately from the helpdesk system after use, in accordance with the data-minimization principle (Art. 5 GDPR).

Amounts paid for domain registration/renewal and SSL certificates are non-refundable. Upon termination of hosting services, the Beneficiary retains their rights over already paid domains and SSL certificates and may use or transfer them without restrictions or additional costs from the Provider, provided all invoices are fully paid.

13. Backup

For services that include backup, the Provider makes backup copies without guaranteeing their frequency or integrity. The responsibility for regular data saving lies with the Beneficiary. Accounts exceeding backup limits may be excluded from the backup system, as per the offer.

14. Liability

The Provider's warranty to the Beneficiary is limited exclusively to the obligations expressly mentioned in these T&C. The Provider's total liability, on any basis whatsoever, may not exceed the value of the last invoice issued for the Service in relation to which compensation is claimed, within the limits allowed by law. The Provider is not liable for damages caused by the Beneficiary's use of the Service, for hosted content, for software bugs, or for events beyond its control.

15. Protection of personal data

For the personal data that the Beneficiary stores or processes through the Services, the Beneficiary acts as controller and the Provider as processor. This processing is governed by the Data Processing Agreement (DPA), concluded under Art. 28 GDPR, which is deemed concluded upon acceptance of these T&C and is an integral part of them. In the event of any inconsistency on data-protection matters, the DPA prevails. The full text is available at https://www.hostx.eu/data-processing-agreement.

16. Force majeure and hardship

No party is liable for non-performance of obligations caused by force majeure or unforeseeable circumstances, under Art. 1351 of the Civil Code. If performance becomes excessively onerous for one of the parties due to an exceptional change of circumstances that would make enforcement manifestly unjust, the parties shall renegotiate the contract in good faith, under Art. 1271 of the Civil Code (hardship).

17. Notice and action (DSA)

As a hosting-service provider (an intermediary service within the meaning of Regulation (EU) 2022/2065 – DSA), the Provider makes available official contact channels and a mechanism for notifying content presumed illegal. The contact points for users and authorities are published at https://www.hostx.ro/contact-dsa-tco/ (in accordance with Arts. 11 and 12 of Regulation (EU) 2022/2065 and Regulation (EU) 2021/784 – TCO). Any person may report content presumed illegal via the notification mechanism (Art. 16). When applying a measure, the Provider communicates the measure and its reasons to the holder (statement of reasons under Art. 17), except where the law requires confidentiality.

18. Changes to the Terms & Conditions

The Provider reserves the right to modify these T&C, the structure of plans, and prices at any time, with notice given by posting on the site and/or through the Client Account. Price changes for ongoing services are communicated by email at least 30 calendar days before taking effect, and services paid in advance are only affected at renewal. Continued use of the services after the changes take effect constitutes acceptance of them.

19. Unusual clauses (Art. 1203 Civil Code)

By ticking the acceptance box when placing the order, the Beneficiary declares that they have read and expressly accept, within the meaning of Art. 1203 of the Civil Code, the unusual clauses of these T&C, in particular: limitation of the Provider's liability (Ch. 15), the right to restrict the Service (Chs. 8 and 10), late-payment penalties (Ch. 4), the right to unilaterally modify prices and the T&C (Chs. 4 and 19), automatic renewal (Ch. 5), and the applicable law and competent courts (Ch. 21). In the case of consumers, this acceptance does not remove the protection afforded by the legislation on unfair terms (Law no. 193/2000).

20. Applicable law and disputes

These T&C are governed by Romanian law. Any dispute not resolved amicably shall be settled by the competent courts of Mureș county (the Provider's registered office). Consumers may also use alternative dispute resolution mechanisms (ANPC/SAL, the European Commission's ODR platform).

21. Specific rules for reseller, VPS, and dedicated servers

A Beneficiary who resells the services is directly liable to their own customers, has the obligation to pass on these T&C and ensure their compliance, and indemnifies the Provider for any damage caused by them. For managed VPS and dedicated servers, best-effort 24/7 support is included; requests outside the standard scope are handled within the support-hours framework, in accordance with the server-administration offer (https://www.hostx.ro/administrare-servere/). For unmanaged VPS and servers, administration responsibility lies with the Beneficiary.

22. Final provisions and validity

These T&C are valid for an indefinite period. In case of inconsistency between these T&C and an annex specific to a service, the provisions of the annex prevail for the service to which they refer. If a provision is declared void, the others remain in force. Chapter titles are indicative. Clients are asked to periodically consult these T&C.