The services subject to the present terms of service are provided by TLSCONTACT South Africa (PTY) LTD, registered address 2nd Floor 11 Adderley Street Cape Town Western Cape 8001, South Africa, Registration Date 31.10.2013, Companies Register under number 2013/202802/07 (“TLScontact”).
TLScontact is an official service provider to His Majesty Passport Office (referred to hereinafter as “HMPO”) and to the UK Visas & Immigration authority (referred to hereinafter as “UKVI”) for the purpose to ease the collection of your British passport application and/or your overseas British citizenship biometric enrolment (referred to hereinafter as “OCBE”).
TLScontact has neither HMPO or UKVI competences nor responsibility to make decisions about issuing or denying British passport or citizenship applications. TLScontact doesn’t have neither any competence nor knowledge as to the carrying out of the DNA tests, required by HMPO, or the DNA tests results. TLScontact provides only the amenity where HMPO accredited laboratory personnel collects the DNA sample for testing purposes to the accredited laboratory. For any and all claim with regard to the decision made with regard to your application please contact directly HMPO on the following link, Biometrics Enrolment service on the following link and for DNA testing on the following link.
These terms of service (“Terms of Service”) apply to any and all services (referred to hereinafter as “Services or Service”) offered by TLScontact on behalf of HMPO or UKVI to persons (collectively referred to hereinafter as “the Customer(s) or “You”) applying for a British passport, which could in certain cases be required to submit in addition a DNA test as per HMPO request or to persons applying for a British overseas citizenship requiring to submit their biometrics to TLScontact (scanned fingerprints, signature and photograph).
The Services may include, without limitation and depending on the nature of your application, the registration of your application, the booking of your appointment, the payment of the TLScontact Service fee (where applicable), the attendance to your appointment for the purpose of collection by TLScontact of your passport application, of your DNA sample or of your OCBE and the return of your travel document.
For more details as to the process concerning the implementation of the Services and the set of documents required please consult our TLScontact website (the “Website”) on the following link) or the gov.uk on the following link or UKVI – Biometrics on the following link.
The Customer is required to read and understand these terms and conditions before placing an order for the Service. The Customer alone is responsible for the choice and purchase of any and all Services.
These Terms of Service may be consulted on the Website at any time. They shall prevail over any other version and any other conflicting document.
Save proof to the contrary, the data recorded in the TLScontact information system shall constitute proof of all transactions entered into with the Customer.
The Customer acknowledges that he or she has read and understood these Terms of Service and agrees to abide by them, without any reservation, either by checking the relevant box before submitting the Service order online (“TLScontact Centre”).
The Customer represents and warrants that he or she has the requisite capacity to contract and to acquire any and all of the Services offered by TLScontact.
Given that subsequent amendments may be made to these Terms of Service, the applicable version on the Customer purchase date shall be the current version displayed on the Website or at the TLScontact Centre.
On the Website, the Customer selects the Services he or she wishes to order according to the following procedure:
Orders of Services placed via the Website will only be accepted if the Customer has previously agreed to abide by these Terms of Service. The Customer can verify the details of the order and the total price and correct any errors before confirming acceptance of the Terms of Service. Such confirmation implies acceptance of all of these Terms of Service and constitutes proof of a sale contract.
It is therefore up to the Customer to check the accuracy of the order and report any errors without delay.
The purchase shall not be deemed final until TLScontact has sent the Customer email confirmation of receipt of the order and has received full payment of the fee for the Service, where such payment is required.
TLScontact reserves the right to cancel or refuse any Service order in the event of a pending dispute with the Customer regarding the payment of a previous order.
3.1 Price of the Service fee of TLScontact
The fee of any or all of the Services paid to TLScontact, such as for the DNA testing service and/or the OCBE service, where applicable, is as currently shown on the Website.
The price paid is firm and non-revisable, displayed either in GBP or in any other applicable local currency and includes all taxes.
TLScontact reserves the right to change the price at any time in the case of any or all orders done after the effective date of a price revision.
TLScontact will issue the Customer with an invoice upon payment of the Service.
3.2 Price of the service fee of HMPO/UKVI
TLScontact does not have any competence or liability whatsoever for fees payable directly to HMPO or UKVI by the Customer such as the passport application fee. For any question as to such fees please consult the following link.
4.1 The price is payable in full on the day the Customer books its appointment, in accordance with the procedure specified on the Website, by secure payment method:
All fee payments are converted into the currency of payment by reference to the HMPO Rate of Exchange as stated and maintained on the Payment Page. TLScontact will issue a receipt for the transaction upon receipt of payment.
You will remain liable to pay all Service fees charged by your payment card issuer. Before making the payment, you are advised to consult the bank that issued your payment card regarding any charges and interest you may incur by using this payment method.
4.2 Payment data is encrypted before transfer and there are two protocols: For ecommerce card payments, a new authentication protocol is being introduced by the Card Schemes (Mastercard, Visa, American Express etc.) called 3D Secure v2 (3DS v2) that will comply with the new regulation.
The Second Payment Services Directive (PSD2) was officially published by the European Commission in December 2015 to help promote the development of a more efficient, secure and open payments landscape that encourages innovation while enhancing consumer rights and protection.
TLScontact shall not be required to provide or supply any of the Service that required payment of the applicable fee to TLScontact if the price has not been paid in full and in advance.
Payments made by the Customer will not be deemed final until TLScontact has actually received the amounts due.
For further information on payment terms, please leave a message on the “Contact us” page of the Website.
The Services ordered by the Customer and offered by TLScontact on behalf of HMPO/UKVI, will be provided, to the extent possible, in accordance with the date the Customer has chosen the appointment to submit the passport application, the DNA sample or the biometric enrolment at the TLScontact Centre.
Subject to a reasonable efforts obligation, TLScontact undertakes to do its utmost to provide the Services to the Customer depending on the applicable appointment date. TLScontact accepts no liability for any delay in the provision of the Service caused by an event which is beyond the control of TLScontact.
The processing times for any of your applications or of the DNA sample are estimates only. These are based on information and experience of HMPO/UKVI over which over which TLScontact have no control.
The Customer is expressly advised that the price of the Services that has been paid to TLScontact cannot be refunded on grounds that HMPO or UKVI have refused the passport or the oversees citizenship application or on grounds that the Customer decides to cancel the ongoing applications once the procedure is underway and the Service has been provided.
6.1 Online purchase of Services from a TLScontact Centre located in the European Union
6.1.1 The Customer is expressly advised that the right of cancelation towards TLScontact exists only for orders of Services placed exclusively via the Website.
The Customer has a cooling off period of 14 days, starting on the day following the day the service is subscribed to on line, to exercise his or her right of cooling off vis-à-vis TLScontact and to cancel the order, without having to justify such cancellation or pay any penalties. To duly exercise this right of cooling off, the Customer must notify TLScontact of his or her decision to cancel, before the end of the aforementioned cooling off period, using the Contact Us form.
If the right of cooling off is exercised within the aforementioned period and the Service has not even started, solely the price for the Services shall be refunded to the Customer, no later than 14 days after TLScontact has received notification of the Customer’s decision to cancel.
The Customer is invited to take note of all of the points mentioned in clause 6.1.2 below in order to fully understand the circumstances liable to render the right of cancellation inapplicable or limit the refund.
6.1.2. The Customer is advised that:
6.2 Online purchase of Services from a TLScontact Centre located outside the European Union
6.2.1 Any and all request for refund of Services sold online by TLScontact, excluding any and all service fees paid by the Customer to HMPO or UKVI, must be received by TLScontact at least five (5) working days before the scheduled appointment otherwise, you will not be entitled to receive any refund.
7.2 TLScontact is not authorized to take part in the UKVI/HMPO decision-making process regarding your application and accepts no liability regarding the decisions made by any of these institutions.
TLScontact accepts no liability as to the collection and/or testing of your DNA sample and/or as to the test results, any such Service is performed by an HMPO chosen and accredited laboratory.
Our staff is not authorized to provide advice or comments on the regulations applicable to your applications/Services and TLScontact accepts no liability if such advice or information is given.
Any complaints regarding the decision made in response to your passport application, DNA testing or citizenship application should be sent solely to HM Passport Office or UKVI or DNA testing.
7.3 TLScontact accepts no liability if any information provided by the Customer is inaccurate or if the documents provided by the Customer in support of the application are insufficient.
7.4 TLScontact accepts no liability to any Customer or any other person relying on or benefiting from any application to UKVI or HMPO for business losses, damages or for any obligations, costs or expenses incurred in reliance on or anticipation of receiving a passport or citizenship, whether within a particular timescale or at all, including but not limited to air travel, hotel, and other travel and accommodation arrangements, and any other arrangements made. The Services are provided and supplied for private use. If you order them for trading or reselling purposes, we will accept no liability for any lost profits, loss of business, business interruption or loss of business opportunity suffered or incurred as a result of delay, misplacement, loss or damage of applications, passports or other documents, or due to negligence or breach of contract in connection with any application or any advice or information given in relation to any application.
7.5 TLScontact shall also have no liability to any Customer or any other person relying on or benefiting from any application to UKVI or HMPO for any direct, indirect, punitive, incidental, special, or consequential damages or any damages whatsoever due to delay, misplacement, loss or damage of applications, passports and other documents, or due to negligence or breach of contract in connection with any application or any advice or information given in relation to any application.
7.6 TLScontact shall not be held liable or in default due to any delay or non-performance due to a force majeure or to any other event which is beyond TLScontact reasonable control or for any act or omission not attributable to TLScontact.
7.7 In particular, TLScontact shall have no liability for any delays, loss or damage to any application or to any passport or other documents, including the DNA sample/results or the biometric enrolment, caused by, or occurring whilst any application, passport or any other document is in the possession of, any third party postal or courier service, including transportation of applications, passports or any other documents between TLScontact and the UKVI/HMPO or between TLScontact and the accredited DNA testing laboratory or when being returned to the Customer’s address.
7.8 If TLScontact is in breach of contract or negligent in relation to any application submitted, resulting in the passport or citizenship application not being granted or loss of Customer passport, TLScontact will refund to the applicant the amount of the service fee paid only.
7.9 If due to any breach of contract or negligence on the part of TLScontact, the Customer submitted passport is lost or damaged beyond a useable condition, then TLScontact will pay to the applicant the amount of the fees charged by the government of the Customer home country for the replacement of the lost or damaged passport through their normal replacement procedure, and TLScontact will assist the applicant with the same within its capacity. Such payments will be made by TLScontact to the applicant on the presentation of the payment receipt issued by the government of their respective home country for the replacement of such lost or damaged passport.
The Customer is reminded that the personal data requested from the Customer is strictly required for the purposes of processing the Customer’s request for Services which may include, such as set forth in clause 1 here above, the purpose of registration of your application, the booking of your appointment, the payment of the TLScontact Service fee (where applicable), the collection and processing of your passport application, the collection of your DNA sample, the collection and processing of your biometrics enrolment.
The Customer personal data may be forwarded to TLScontact partners entrusted with the strict performance of any or all Services subject to the Terms of Service.
Information communicated via the Website is processed in accordance with legal requirements regarding personal data protection and the information system used ensures optimal protection of this data.
In accordance with applicable national and/or European regulations, the Customer may have the right to access, alter and rectify its personal data such as the right to object, to data portability or to restrict processing.
These rights may be exercised in accordance with the conditions and procedures set out on the Website.
The content of the Website is the property of TLScontact and is protected by intellectual property laws.
All reproduction of this content in whole or in part is strictly forbidden and is liable to constitute an act of infringement.
Furthermore, TLScontact shall retain all intellectual property rights in the photographs, presentations, studies, designs, models, prototypes, etc. created (including at the Customer’s request) for the purposes of providing or supplying the Services. The Customer therefore agrees not to reproduce or use said studies, designs, models, prototypes, etc. without TLScontact’s express prior written authorization, for which TLScontact shall be entitled to request a financial compensation.
These Terms of Service and the transactions resulting therefrom shall be governed by the laws applicable in the country of the TLScontact Centre where you have submitted your Service order.
All disputes arising from the purchase and sale transactions entered into pursuant to these Terms of Service regarding their validity, interpretation, performance, termination, consequences and implications that cannot be resolved amicably between TLScontact and the Customer shall be referred to the courts with jurisdiction in accordance with the provisions of ordinary law applicable in the country of the TLScontact Centre where you have submitted your Service order.
TLScontact in its sole discretion, may change, amend, cancel or withdraw any or all of these terms and conditions at any time without any prior notice.