Terms and Conditions
Last updated: January 2026
1. Owner and Provider (Impressum)
Incorp AG (“Incorp”, “Owner”, “we”, “us”) operates the website Incorp.ch and provides the Services described in these Terms.
Registered Office:
Bubenbergplatz 8, 3011 Bern, Switzerland
Commercial Register:
Commercial Registry of the Canton of Bern
Company Identification Number (UID):
CHE-219.506.136
VAT Status:
Not VAT registered
Contact:
Phone: +41 31 312 13 64
Email: support@incorp.ch
2. What these Terms cover
These Terms govern:
The use of the website Incorp.ch (the “Website”); and
Any legally binding relationship or agreement between Incorp and the User/Customer relating to the provision of company formation and administrative services (the “Services”).
By accessing the Website or ordering Services, you agree to be bound by these Terms.
3. Definitions
Incorp.ch / Website:
The online property enabling the provision of the Service.
Agreement:
Any legally binding or contractual relationship between Incorp and the User, governed by these Terms.
User / You:
Any natural person or legal entity using Incorp.ch.
Customer:
A User who places an order for Services.
Consumer:
A User qualifying as a consumer under applicable law (generally, a natural person acting for purposes outside their trade, business, craft, or profession).
Business User:
Any User that does not qualify as a Consumer.
Service(s):
Incorp’s administrative, coordination, and support services for the formation of Swiss companies, specifically:
LTD (Limited Liability Company) = Gesellschaft mit beschränkter Haftung (GmbH) / Société à responsabilité limitée (Sàrl).
PLC (Public Limited Company) = Aktiengesellschaft (AG) / Société anonyme (SA).
Product:
A good or service available through Incorp.ch.
Third Parties:
Independent service providers including but not limited to notaries, commercial registry offices, banks (for capital deposit), couriers, and hosting providers.
PART A — TERMS OF USE (WEBSITE)
4. Eligibility and Acceptable Use
You may use Incorp.ch only strictly in accordance with these Terms and applicable law. You agree not to:
Use the Website for any unlawful purpose or to facilitate fraudulent activity.
Submit false, misleading, or stolen information.
Attempt to bypass security measures or interfere with the proper working of the Website.
Scrape, crawl, harvest, or use automation to extract content or data without our express written permission.
Incorp reserves the right to deny access, suspend accounts, or report misconduct to competent authorities if you violate these rules.
5. Website Content and External Links
Unless otherwise stated, all content on Incorp.ch is owned by Incorp or its licensors. The Website may contain links to third-party websites or resources (e.g., cantonal registers, banking partners). Incorp has no control over these resources and accepts no responsibility for their content, availability, or privacy practices.
6. Accounts
If the Service requires you to create an account:
You must provide complete and accurate information.
You are responsible for keeping your login credentials confidential.
You are fully responsible for all activities that occur under your account.
You must notify Incorp immediately at support@incorp.ch of any unauthorized use or security breach.
PART B — TERMS OF SALE (FORMATION SERVICES)
7. Scope of Services
7.1 What Incorp does
Incorp provides an administrative and coordination service to facilitate the formation of your company. This includes:
Collecting your data and formation choices via our platform.
Preparing draft statutes and formation documents based on your inputs.
Coordinating with Third Parties (notary, commercial register) to execute the formation.
Tracking the process and delivering the final formation pack.
7.2 What Incorp does NOT do
Unless explicitly agreed otherwise in a separate written mandate:
Incorp does not provide regulated legal advice or tax advisory services.
Incorp does not guarantee specific processing times by the Commercial Register or banks, as these are independent third parties.
8. The Notary Partner (Confidentiality)
8.1 Independent Notary
Where Swiss law requires a public deed (e.g., for incorporation), this function is performed by an independent Swiss notary.
8.2 Confidential Business Relationship
You acknowledge that Incorp works with specific notary partners and that the identity of these partners constitutes a confidential business secret of Incorp.
Confidentiality:
Incorp may keep the notary’s identity confidential until disclosure is strictly necessary for the execution of the Service (e.g., for the signing appointment or power of attorney).
No Circumvention:
You agree not to attempt to identify or contact Incorp’s notary partners directly for the purpose of bypassing Incorp’s Service or fee structure regarding the current Order.
9. Ordering and Contract Formation
An Agreement is formed when:
Incorp sends you a written confirmation of your Order (via email or platform); OR
Incorp begins performance of the Service (e.g., drafting documents) upon your instruction.
In the event of a conflict between these Terms and a specific quote/invoice, the specific quote/invoice shall prevail for that specific Order.
10. Customer Obligations
To ensure a successful formation, you must:
Provide truthful, accurate, and complete information regarding the founders, shareholders, directors, and beneficial owners.
Promptly provide valid identification documents (passport/ID) notarized or legalized where required.
Ensure that the company’s intended business activities are lawful.
Promptly sign and return documents as instructed.
Liability:
You are solely responsible for any delays, rejections, or additional costs caused by incorrect, incomplete, or late information provided by you.
11. Compliance and Right to Refuse
Incorp complies with Swiss regulatory standards. We reserve the right to request:
Proof of identity and residence.
Clarification of the company’s business structure and source of funds.
Incorp may refuse, pause, or terminate the Service without liability if:
We suspect fraudulent, illegal, or prohibited activity.
You fail to provide required compliance documentation.
A Third Party (notary/bank) refuses to proceed for compliance reasons.
12. Prices and Payment
12.1 Service Fees
Prices for Incorp’s packages are displayed on the Website or in your Quote.
12.2 Third-Party Costs
Unless explicitly stated as “included” in your package, you are responsible for Third-Party disbursements, such as:
Notary fees (if exceeding the package allowance).
Commercial Registry fees.
Capital deposit bank fees.
Courier or Apostille costs.
12.3 Payment Terms
Services must generally be paid in advance. Incorp may suspend work until full payment is received.
13. Cancellation and Refunds
13.1 Payment Before Service
All services must be paid in full before Incorp begins any work. An invoice will be sent to you, and the service will only commence once payment has been received and confirmed by Incorp.
13.2 Refund Policy
Once payment has been received and Incorp has commenced work on your Order, no refunds will be provided. This includes situations such as:
Cancellation requests after payment.
Delays caused by third parties (notaries, banks, commercial registries).
Failure to provide required documentation or information.
Rejection by third parties for compliance or regulatory reasons.
13.3 Cancellation Before Payment
You may cancel your Order at any time before making payment without any obligation. However, once payment is made, the Order is considered final and binding.
13.4 Third-Party Fees
Any fees paid to third parties (notaries, commercial registries, banks, etc.) on your behalf are non-refundable, as these are services rendered by independent entities outside of Incorp’s control.
14. Timelines
All timelines provided (e.g., “7 days”) are estimates only and are not binding guarantees. Incorp is not liable for delays caused by the Commercial Registry, banks, notaries, or postal services.
PART C — INTELLECTUAL PROPERTY & LEGAL
15. Intellectual Property Rights
15.1 Ownership:
All content on Incorp.ch, including software, designs, text, and specifically Incorp’s proprietary document templates, checklists, and process workflows, remains the exclusive property of Incorp AG or its licensors.
15.2 License to User:
You are granted a limited, non-exclusive license to use the documents created for you solely for the purpose of your company’s formation and internal administration.
15.3 Restrictions:
You strictly may not:
Resell, redistribute, or publish Incorp’s templates or document drafts.
Use Incorp’s materials to build a competing service.
Copy the “look and feel” or code of the Website.
16. Confidentiality
Both parties agree to treat non-public information received from the other (including business secrets, notary relationships, and personal data) as confidential and not to disclose it to third parties, except as required to perform the Service (e.g., filing with the Registry) or by law.
17. Limitation of Liability
To the maximum extent permitted by Swiss law:
Exclusion:
Incorp excludes all liability for indirect or consequential damages, including loss of profit, loss of data, or loss of business opportunity.
Cap:
Incorp’s total liability for any claim arising out of an Order is limited to the total amount of Service Fees paid by you for that specific Order.
Third Parties:
Incorp is not liable for errors or negligence committed by independent Third Parties (notaries, banks, registries).
Exception:
This limitation does not apply to damages caused by Incorp’s intent or gross negligence, or for bodily injury.
18. Data Protection
We process your personal data in accordance with our Privacy Notice and the Swiss Federal Act on Data Protection (FADP). By using the Service, you acknowledge that necessary data must be transferred to the Notary and Commercial Registry (where it becomes public record) to form your company.
19. Governing Law and Jurisdiction
Governing Law:
These Terms and any Agreement are governed by Swiss Law (excluding conflict of law rules).
Jurisdiction:
The exclusive place of jurisdiction for all disputes is Bern, Switzerland.
20. Changes to Terms
Incorp reserves the right to update these Terms at any time. Changes will be posted on Incorp.ch. Continued use of the Service after changes constitutes acceptance of the new Terms.
Key Terms Summary
• Incorp provides coordination services for Swiss company formation (LTD/PLC)
• Services include document preparation and coordination with notaries and registries
• Customers must provide accurate information and valid identification
• Notary partner identity is confidential business information
• Payment required in advance; service commences after payment confirmation
Payment & Refund Policy
1 – Invoice Sent
You receive an invoice before any work begins
2 – Payment Required
Full payment must be received before service starts
3 – Service Commences
Work begins after payment confirmation
You may cancel without obligation before making payment
Contact Information
Incorp AG
Bubenbergplatz 8, 3011 Bern, Switzerland
Phone: +41 31 312 13 64
Email: support@incorp.ch
Website: Incorp.ch
UID: CHE-219.506.136
Liability Limits
• No liability for indirect or consequential damages
• Total liability capped at Service Fees paid for specific Order
• No liability for third-party errors (notaries, banks, registries)
• Exception: Intent, gross negligence, or bodily injury
Important Notes
These Terms are governed by Swiss Law
Exclusive jurisdiction: Bern, Switzerland
Continued use after changes = acceptance of new Terms
Your data is protected under Swiss FADP
Third-party fees are non-refundable in all cases
Intellectual property remains with Incorp AG
Notary partner identity is confidential
Your Responsibilities
Provide truthful and complete information
Submit valid ID documents (notarized/legalized where required)
Ensure business activities are lawful
Sign and return documents promptly
Maintain account security and confidentiality
By using Incorp’s Services, you acknowledge that you have read, understood, and agree to be bound by these
Terms and Conditions.
Thank you for choosing Incorp for your Swiss company formation needs.
Incorp.ch Terms and Conditions
Version 1.0
Last updated: January 2026
Published by Incorp AG, Bern, Switzerland
Professional Swiss Company Formation
We streamline the process of establishing your business in Switzerland with expert coordination and
comprehensive administrative support.