Terms and Conditions of Service

TLScontact Ukraine Limited Liability Company (Abbreviate: TLScontact Ukraine LLC), registered in accordance with the laws of Ukraine, with company registration number: EGRPOU 38984214, registered office at 6 Vatslava Gavela blvrd., pav.3, Kyiv, Ukraine, 03124, hereby makes an offer for execution of Fee-Based Services Agreement on the following terms with any individual who submits an application for visa for the Republic of Poland and agrees with all the terms listed below.

This Formal Offer is an offer of TLScontact Ukraine LLC (hereinafter referred to as the Contractor, TLScontact) to sign the Agreement on delivery of services (hereinafter referred to as the Agreement) associated with acceptance of visa applications from individuals on the terms as indicated below for the individuals who performed prior registration on the web site TLScontact and wish to obtain a visa from the Embassy of the Republic of Poland in Ukraine (hereinafter referred to as the Embassy).

In accordance with Article 641 of the Civil Code of Ukraine, this document is a formal offer; if the terms specified below are accepted, consent for personal data processing is granted to the Contractor and preliminary registration on the Contractor’s web site is performed, the person accepting this Formal Offer shall become the Customer in accordance with Article 642 of the Civil Code of Ukraine (acceptance of the Formal Offer shall be equal to execution of the agreement on the terms set forth in the Formal Offer), which shall be unconditionally accepted by the parties.

TLScontact: a legal entity and its individual divisions which were established and operate in accordance with the laws of Ukraine to deliver the services for acceptance and processing of visa applications and associated documents as required to obtain Polish visas in Ukraine.

TLScontact does not have the authority of the Embassy and under no circumstances shall be responsible for the Embassy’s resolution to grant or refuse to grant a visa or for the period of visa application review.

3.1. This Agreement shall regulate the relations associated with the services to be delivered by TLScontact for acceptance and processing of visa applications and associated documents from the individuals and their representatives wishing to obtain visas from the Embassy in Ukraine (hereinafter referred to as the Applicant(s)).

3.2. This Agreement shall be applicable to the registration on the web site of TLScontact, reservation of appointment at the Visa Application Centre, submission of visa application and associated documents, payment of the Service Fee and Added Value Services collection of the individual’s biometric data, transfer of all the data and documents received from the individual by TLScontact to the Embassy, delivery of the passport to the individual following the review of the visa application by the Embassy.

3.3. This Agreement shall be applicable only to the services delivered directly by TLScontact and shall not regulate the relations associated with the payment and/or refund of the visa application fee which shall be collected by the Embassy.

3.4. This Agreement shall also regulate the Added Value Services to be delivered by TLScontact following the additional request of individuals in exchange for consideration.

4.1. In order to sign this Agreement and enable further delivery of the Services to the Applicant by TLScontact, the Applicant shall select the visa application submission method: personal appearance in the Visa Application Centre, personal appearance in the Polish Embassy or by mail.

4.2. To obtain Services by personal appearance in the Visa Application Centre, the Applicant shall:4.2.1. perform registration on the web site TLScontact and confirm their consent with the terms of this Formal Offer;4.2.2. select the date and time for submission of visa application and associated documents at the Visa Application Centre of TLScontact;4.2.3. pay all the required fees, including those applicable to the selected Added Value Services, at the cashier’s window in the Visa Application Centre.

4.3. To submit a visa application by mail, the Applicant shall:4.3.1. make sure that the option of application submission by mail is available, i.e., that the Applicant is relieved of the obligation to submit biometric data (fingerprints) or that the Applicant has already submitted biometric data to the representative body of either of the Schengen countries within the last 59 months;4.3.2. prepare all the documents as required for submission of visa application;4.3.3. register on the web site of TLScontact and confirm acceptance of the terms of this Formal Offer;4.3.4. complete the online application in the TLScontact system for all the applicants who wish to submit their applications by mail;4.3.5. complete the DHL forms in the Application and the Consent to Personal Data Processing;4.3.6. prepare the complete set of documents as required for issue of visa and refer to the Express Courier Return DHL to arrange the delivery of the documents to the Visa Application Centre; the price of document delivery shall be paid directly to the DHL courier;4.3.7. following the review of the visa application and issue of resolution to grant the visa or refuse to grant the visa, the passport shall be returned to the Visa Application Centre and then forwarded by the Express Courier Return to the address specified by the Applicant.

4.4. For personal submission of the application at the Polish Embassy:4.4.1. register on the web site of TLScontact and confirm your acceptance of the terms of this Formal Offer;4.4.2. select date and time for submission of long-term visa (type D) application at the Visa Department of the Polish Embassy in Kyiv; if you apply for a short-term visa (type C), contact the call centre of TLScontact using the phone number indicated on this web site;4.4.3. print the appointment registration notice and come to the Embassy with the package of necessary documents. If the appointment at the Embassy is missed, the applicant data shall be deleted automatically; repeated registration on the web site will be required to select a new date and time for visa application submission.

4.5. The Applicants also may order Added Value Services. The services shall be ordered at the stage of reservation of the date and time for visa application submission via the call centre or personally at the Visa Application Centre of TLScontact on the submission date.

4.6. The Applicant may pay for the Added Value Services in the Visa Application Centre of TLScontact selected for submission or online, provided that this payment method is available for the corresponding services. The Applicant may not request delivery of services from TLScontact, unless the services are fully paid for by the Applicant.

4.7. Order of Added Value Services shall not guarantee issue of visa or shorter period of visa application review. The list of available Added Value Services is presented on the website of TLScontact.

4.8. Added Value Services can be ordered only if the Applicant accepted this Formal Offer and assumed the corresponding obligations as of the time of registration on the web site of TLScontact.

4.9. TLScontact may refuse to accept the Applicant’s order for Added Value Services if the Applicant has failed to perform any obligations or if TLScontact cannot actually deliver the selected services. If the selected Added Value Services was paid for prior to its delivery, the corresponding amount shall be refunded in full. The above event shall not be classified as the use of another party’s finances and no interest shall be accrued in accordance with art. 536 of the Civil code of Ukraine.

4.10. TLScontact shall check the visa application and the associated documents in accordance with the requirements and procedures as established by the Embassy.

4.11. The period of visa application review shall be regulated by the Embassy and shall depend on the season, type of selected visa, completeness and accuracy of submitted documents. Recommended submission periods shall be established by the Embassy and may be changed by the Embassy unilaterally.

4.12. The Applicant agrees to check the conformance of the information and correctness of the data reflected in the visa, provided that the latter was issued thereto.

4.13. The Applicant agrees to submit up-to-date and accurate contact data to TLScontact as required to contact the Applicant should the Embassy need to request additional information or should any unexpected circumstances arise in connection with submission and/or review of visa application.

4.14. The Applicant shall comply with the access control arrangements in the VAC. The Applicant shall familiarize with the list of prohibited items in the VAC. The Applicant shall pass through the door frame metal detector before entering the VAC. If the Applicant carries hand luggage, bag, backpack, etc., the Applicant shall upon the security personnel’s request demonstrate its content or leave it outside of the VAC. In case of the Applicant’s refusal TLScontact may waive the rendering of services to the Customer.

4.15. The Applicant must not use any electronic devices including phones, tablets, laptops during the Applicant’s attendance of the VAC. Photo- and/or video recording of any kind is forbidden in the VAC. In case of the Applicant’s breach of this article TLScontact may waive the rendering of services to the Customer.

4.16. The Applicant must not take food and/or alcoholic and non-alcoholic drinks during the attendance of the VAC except those proposed by TLScontact.

5.1. The Applicants shall pay the Visa and Services Fees as well as the Added Value Services Fees, provided that they selected Added Value Services to be delivered by TLScontact in connection with visa application submission. The Embassy shall establish the currency and the amount of Visa Application Fees, Services Fees, and Added Value Services Fees. If the amount of fees is established in a currency other than the Ukrainian hryvnia, the Embassy shall establish the applicable exchange rate for payment in Ukrainian hryvnia. The information on the applicable exchange rate is available on the web site or in the Visa Application Centres of TLScontact and shall be relevant as of the payment date of the above fees.

5.2. Visa Application Fee5.2.1. For the purpose of delivery of services, i.e., acceptance and processing of visa applications, TLScontact shall accept the Visa Application Fees from the Applicants and transfer the specified amount to the Embassy. The Visa Application Fee shall be paid by all the Applicants for review of their visa applications by the Embassy. The recipient of the Visa Application Fee shall be the Embassy.5.2.2. The amount of the Visa Application Fee shall be regulated by the Visa Code and other regulatory acts in the framework of the Schengen Agreement.5.2.3. The current amount of the Visa Application Fee is available on the web site and in Visa Application Centres of TLScontact.

5.3. Service Fee5.3.1. The information on the amount of the Service Fee is available in the Visa Application Centre and on the web site of TLScontact. The amount of the Service Fee shall be applicable on the payment date and may be revised in the future. The Applicant agrees to check the amount of the Service Fee as applicable on the date of visa application submission.5.3.2. The Service Fee shall be fully paid in one instalment.5.3.3. The amount of the Service Fee includes all the taxes and levies as established by the effective law of Ukraine.

5.4. Added Value Services Fees (Payment for Added Value Services)5.4.1. The Added Value Services selected by the Applicant shall be paid for in the amount as stipulated in the Agreement between TLScontact and the Embassy. The price of Added Value Services shall include all the taxes and levies as established by the effective law of Ukraine.5.4.2. The list and the price of Added Value Services are available on the web site and in Visa Application Centres of TLScontact. The amounts of Added Value Services Fees shall be applicable as of the date of publication on the web site; the price of the services may be changed in the future. The Applicant agrees to review the price of Added Value Services on the date of visa application submission.

5.5. Payment of Fees5.5.1. Payment of Visa Application Fee, Service Fee, and Added Value Services Fees may be made either in cash or by transfer in accordance with the conditions and methods and payment as indicated in the sections of this Wen Site for the corresponding fees and/or services. 5.5.2. Payment with the bank card shall be made via the authorization server of the Processing Centre using:- VISA International;- MasterCard Worldwide;- Maestro.5.5.3. Any additional bank charges, fees shall be paid by the Applicant.

5.6. Refund of Fees5.6.1. The Visa Application Fee, Service Fee, and Added Value Services Fees shall be refunded only if the Applicant has actually paid the above fees. The money shall be refunded using the same method which was followed for payment of the above fees.5.6.2. If the services were paid for by bank card, the payment shall be refunded by transfer to the bank card which was used by the buyer to pay for the services within the timeframe as established by the law. The exact date of payment arrival to the account of the buyer’s bank card shall depend on the bank card issuer and is preliminarily established as Thirty (30) calendar days.5.6.3. In accordance with the general rule, the Visa Application Fee shall not be refunded. The Visa Application Fee may be refunded subject the individual resolution of the Embassy in relation to a specific Applicant. The Visa Application Fee shall also be refunded in case of unilateral cancellation of visa application processing and review by the Applicant prior to the date of actual application transfer to the Embassy and transfer of the collected Visa Application Fee to the account of the Embassy.5.6.4. The Service Fee shall be refunded if the service, i.e., acceptance and processing of visa applications, has not been delivered or if the Applicant has documentary evidence of improper delivery of the service, i.e., acceptance and processing of visa applications, by TLScontact. The service shall be deemed actually delivered in full upon completion of personal data processing, including processing of biometric data, where the visa application is submitted in the Visa Application Centre of TLScontact or where TLScontact receives the documentation package sent by mail.5.6.5. The Additional Fees shall be refunded if the Applicant has documentary evidence of improper delivery of the Added Value Services by TLScontact or if the Customer did not use the Added Value Services which were paid in advance. If the visa application is denied following the review, no payment for the Added Value Services shall be refunded.5.6.6. Refund of the money paid as the Visa Application Fee, Service Fee or Added Value Services Fees shall be made based on the written request signed by the Applicant in cases as stipulated by this Agreement and the effective law of Ukraine.

6.1. TLScontact does not have the authority of the Embassy in terms of resolutions to grant or refuse to grant a visa to the Applicant following the review of the visa application and associated documents. TLScontact shall not be responsible for the resolution made by the Embassy.

6.2. TLScontact shall not bear responsibility for the delay in review of the visa application or issue of resolution to grant a visa or refuse to grant a visa caused by the actions of the Embassy or the Applicant.

6.3. TLScontact shall not be responsible should the Embassy request any additional information and/or documents in order to make the regulation regarding the visa.

6.4. TLScontact shall not be responsible for refusal to grant a visa should the Applicant submit inaccurate information and/or invalid or damaged documents.

6.5. TLScontact shall not be responsible for refusal to grant a visa or increased timeframe for review of visa application caused by impossibility to the Applicant using the contact data indicated thereby.

6.6. TLScontact shall not indemnify the Applicant against transportation losses caused by the increased timeframe of visa application review or refusal to grant a visa.

6.7. TLScontact shall not indemnify the Applicants against direct or indirect losses caused by increased timeframe for of visa application review or refusal to grant a visa.

6.8. TLScontact shall not be responsible for the loss or damage of the visa application, passport, associated documents if the same were held by the Embassy, Applicant, his/her representative, mail or Express Courier Return.

6.9. If the passport is lost or damaged by the Express Courier Return used by TLScontact to deliver the documents to the Applicant and if the courier delivery service was selected by them as an Added Value Services, the Express Courier Return shall pay compensation to the Applicant in the amount of UAH Two thousand (2,000.00).

6.10. If the passport is lost or damaged by TLScontact, the Applicant shall be paid compensation in the amount equal to the state fee for the issue of the new passport as established on the date of loss or damage.

7.1. Personal data of the Applicant shall be processed to enable TLScontact to deliver the services, i.e., acceptance and processing of visa application by virtue of the agreement executed with the Applicant on these terms.

7.2. TLScontact shall request the volume of personal data only as required to the purpose set forth in Clause 6.1.

7.3. TLScontact shall make all reasonable and sufficient measures to ensure the security of personal data and compliance with the rights of the Applicants as personal data subjects in accordance with the effective law of Ukraine.

7.4. Processing, transfer, protection and destruction of personal data shall be performed in accordance with the Confidentiality Policy in Relation to Personal Data of Applicants and Web Site Users, which is available on this web site of TLScontact.

8.1. The content of the web site of TLScontact is the intellectual property of TLScontact and its affiliates. The above rights shall be protected by the law on intellectual property and protection of competition.

8.2. The above information may not be copied or posted in full or in part without indication of reference to the source; failure to comply with this requirements shall be classified as breach of intellectual property rights held by TLScontact.

8.3. TLScontact also holds the intellectual property rights to all the photos, presentations, study courses, conceptual design, trademarks, utility models, colour schemes and stylistic concepts, computer programs, know-how, inventions, industrial designs, and other results of intellectual activities used by TLScontact in the course of its business activities, including delivery of services to the Applicants. Use of wither of the above without prior written consent of TLScontact is prohibited.

9.1. Execution, performance and termination of this Agreement shall be regulated by the effective law of Ukraine.

9.2. The parties shall make every reasonable effort to settle any disputes through negotiations.

9.3. Any disputes associated with execution, interpretation, performance, amendment and termination of this Agreement shall be referred to Ukrainian court at the venue of TLScontact.

9.4. This Agreement is drawn up in English.

10.1. This Agreement shall come into force upon Acceptance of this Formal Offer by the Applicant in accordance with the Preamble to the Agreement and shall remain in force until the Parties have fulfilled their respective oblations hereunder.

10.2. TLScontact may unilaterally introduce amendments and/or additions to this Agreement. The up-to-date version of this Formal Offer is available on the official web site of TLScontact. Any amendments, exclusions, withdrawals, revocations or additions hereto shall also be posted on the official web site. The relations between TLScontact and the Applicant shall be regulated by the edition of the Agreement which was effective on its execution date. This Formal Offer shall prevail over other documents regulating the relations between TLScontact and the Applicant.

10.3. The Agreement shall be terminated on the grounds as stipulated by the effective law of Ukraine.

TLScontact Ukraine Limited Liability Company (Abbreviate: TLScontact Ukraine LLC) EGRPOU 38984214 Location address: 6 Vatslava Gavela blvrd., pav.3, Kyiv, Ukraine, 03124