Last updated: 7th September 2018
- Terms and Conditions
1.1 The Terms and Conditions (the “Terms”) set forth below, apply to all visitors and users of https://incubee.biz website (the “Site”) (whether you are an existing iNCUBEE customer or not). These Terms govern your use and access to our services as a corporate services provider (the “Services”) and our Site, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on our Site (collectively referred to as “Content”).
1.2 By accessing and using our Site and Services you signify your acceptance of these Terms and agree to be bound by them and any and all other applicable terms referenced herein absolutely.
1.3 In these Terms, the words “you” and “your” refer to each customer and Site visitor, “we”, ”us”, “our” and “iNCUBEE” refer to iNCUBEE powered by Ecclesia Limited and iNCUBEE Limited, both limited liability companies registered in Hong Kong.
1.4 If you are entering into these Terms on behalf of an company, partnership, sole proprietorship or other legal entity (entity), you represent that you have the legal authority to bind such entity to these Terms, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority or you do not agree with these Terms, you must not use this Site, or any of our Services. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from an authorized representative of your entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we may, but are not obliged, to require additional authentication from you.
- Changes of Terms
2.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time without notice or liability to you. It is your responsibility to review these Terms and Conditions periodically. What constitutes a material change will be determined at our sole discretion.
2.2 By continuing to access or use our Site and Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site and our Services.
- Other Applicable Terms
5.1 You agree to pay to iNCUBEE any fees for each service you purchase or use, in accordance with the pricing and payment terms presented to you for that service.
5.2 When you request one of our Services through our Site, you will be asked to make payment using Stripe. All payments made in this manner are processed and handled by Stripe. iNCUBEE is therefore not responsible for any issues arising out of your use of Stripe’s service. We strongly advise you to read the terms and conditions and privacy policies of Stripe before proceeding with payment. Please also note:
- 5.2.1 iNCUBEE supports some commission from the Stripe payment option. In light of the aforesaid, we will ask you to support a 5% Stripe commission on top of disbursements only (not applicable to Incorporation Packages). To avoid such commission, you may pay using a different means of payment (see below 5.2.2).
- 5.2.2 In the event you are unable or do not want to make payment as aforesaid through Stripe, upon your request we will provide you with iNCUBEE’s banking information for you to make payment by transfer. As iNCUBEE already offers the Stripe payment option via our Site at our own cost, any additional charges and fees payable in respect of your decision to make payment by transfer will be borne by you alone.
5.3 All fees paid to iNCUBEE are non-refundable.
5.4 If payment is not made in a timely manner, iNCUBEE is entitled to suspend its obligations until full payment has been made, without prejudice to iNCUBEE’s right to damages and without any obligation to compensate you for any loss.
- Cease of Service
6.1 We may cease to provide our Services, without prior notice or liability, for any reason whatsoever, including without limitation if you breach or are in default of these Terms in accordance with clause 7 herein. Whereas to cease our Services includes but is not limited to iNCUBEE’s right to refuse to provide to you the Services you requested, to resign as Company Secretary, and to stop offering our address as the company’s registered address forthwith without notice. Further, in the event of default we reserve the right to inform the relevant administrative authorities regarding the same.
6.2 Under no circumstances will iNCUBEE proceed with providing Services unless and until the necessary payment for the requested Services has been made and confirmed received. If you submit a request for our Services without making payment, we will terminate or suspend our Services immediately as we deem necessary. Only upon confirmation of receipt of the payment will iNCUBEE take further action on your request for Services.
6.3 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Events Of Default By You
7.1 We shall not be liable for any loss or damage resulting from your default of these terms, which events of default include but are not limited to the following:
- (a) you fail to retain a valid Hong Kong registered office for your company;
- (b) you fail to retain a valid Company Secretary for your company;
- (c) you fail to pay the necessary fee and renew your company’s Business Registration Certificate before expiry;
- (d) you fail to file your company’s Annual Return within the prescribed time limit;
- (e) you fail to audit and file your company’s tax within the prescribed time limit;
- (f) you fail to report changes to the particulars of your company within the prescribed time limit;
- (f) you fail to provide the necessary information we require to process your matter in a timely manner;
- (g) you fail to maintain your company in such a way as to comply with the laws of the Hong Kong Special Administrative Region; and
- (h) you fail to pay your iNCUBEE subscription fee, disbursements and any other fees relating to our Services in a timely manner.
8.1 We will communicate with you primarily through email. Usually, the correspondence will concern certain aspects of your company including but not limited to reminders for business registration renewal and annual return filing or will transmit materials for review, signing, comment or discussion. In addition to written correspondence, we will usually send you copies of major documents that are generated or received regarding your company. You should retain these documents for possible future use. As all correspondence will be handled by third parties we will not be held responsible for any correspondence whether email or physical that does not reach you and will not be liable for any damages you may suffer as a result of not being able to receive the same.
- No Guarantee
9.1 We, iNCUBEE, make no guarantee that any application made using our services will be accepted by the relevant institutions including but not limited to the Companies Registry, Inland Revenue Department, banks, etc. Laws, regulations, and administrative requirements often change, and their application and impact vary from company to company and industry to industry. Accordingly, neither the iNCUBEE Site nor any email communication or other communication made howsoever is intended to provide or substitute for accounting, legal, business, tax or other professional advice or services. The information contained in any of these are not and should not be construed or relied on as legal advice. Compliance with all laws and regulations remains your sole and absolute responsibility. Before taking any business action based on any information provided by iNCUBEE either through the Site, email, or any other communication made with iNCUBEE (or any of its agents or affiliates from time to time), you should consult with a financial or legal professional to verify deadlines and to determine whether such actions are appropriate for you based on your personal or business needs. No representations or warranties, express or implied, are given regarding the legal or other consequences resulting from the use of iNCUBEE Services and Site.
9.2 More specifically, iNCUBEE makes no guarantee that, you will be able to successfully incorporate a new company. The Companies Registry has the final decision on all applications and as such iNCUBEE is therefore not responsible for any issues arising out of your application and will therefore not make any refund even if your application has been denied.
9.3 Further, iNCUBEE makes no guarantee that you will be able to successfully open a corporate bank account through any guidance we provide to you in respect of your application to open a corporate bank account at any time. All applications will be processed and handled by your chosen bank. iNCUBEE is therefore not responsible for any issues arising out of your application and will therefore not make any refund even if your new company has already been incorporated. We strongly advise you to make enquiries with your preferred bank in detail before proceeding with making an application.
- Governing Law
10.1 These Terms shall be governed and construed in accordance with the laws of The Hong Kong Special Administrative Region, without regard to its conflict of law provisions.
10.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and Services, and supersede and replace any prior agreements we might have between us regarding the Site and Services.
- Contact Us
11.1 If at any time you would like to contact us about these Terms, you can do so by sending an e-mail to us at info@iNCUBEE.com.hk.