Introduction: Nexus Pass Online is owned and operated by Travel Flow Services Inc. (referred to as TFS Inc in this document). TFS Inc helps individuals in obtaining their NEXUS, Global Entry, FAST and TSA Pre Memberships, referred to as “membership” in this document. By using the services of TFS Inc and/or signing this document, you agree to the terms and conditions of this service as set forth in this document and as set forth on the website of TFS Inc (www.nexuspassonline.com). Authorization: You hereby authorize TFS Inc to act on your behalf for the purpose of obtaining your membership from the Canadian Customs, Border Protection Agency (CBSA), U.S. Customs and Border Protection (CBP) and any other government or non-government agencies or organizations that are involved in the process. Your Privacy: You give permission to TFS Inc to contact, work with and obtain information on your behalf from any and all government or non-government agencies that it may deem necessary to contact during the processing of your membership. TFS Inc will collect and obtain all required documents for the membership application, such information will ONLY be shared with government agencies (such as the CBSA and CBP) and any agencies directly involved in the processing of your membership application. Eligibility & Information: You understand that TFS Inc’s staff calculates your eligibility for said services based on the information you provided us when initiating your application process. Any discrepancy in this initial information that is provided to our staff at or after the initial contact, which may affect your eligibility at the time of receipt of your actual client intake documents or responses from other government agencies, waives our responsibility of completing your membership process in a timely manner. This applies to the client’s incorrect/false/misleading information to TFS Inc, both knowingly or unknowingly. In such a case, your application will be placed on hold until you are eligible, and we will resume the services once you are eligible based on government regulations. No refunds will be provided to the client in such cases. You understand that in such an event where you are not eligible for a membership at this time, you authorize TFS Inc to hold your file until you meet the eligibility requirements. Fees & Service Provision: You understand that the fees paid by you as a client to TFS Inc are for the completion of your membership application which includes obtaining all required documents for your NEXUS application, including but not limited to revision and correction by our experts prior to submission for final or conditional approval and where necessary, verification and validation of additional information, criminal record/background checks, FOIA requests, entry/exit records and submission of your application. The service is deemed complete upon application submission and confirmation of receipt by the government agency involved. Where TFS Inc may, at its discretion and where necessary, cover a limited amount of fees payable to certain organizations involved, all other fees payable to governing agencies will remain the client’s responsibility. Completion of Service & Responsibility: TFS strives to complete and submit each application within a maximum of 30 business days. Service is deemed complete upon application submission and receipt of confirmation from USDHS/CBP, after which TFS Inc will provide the complimentary service of scheduling an appointment with the concerned government agency for the client where necessary and where requested by the client. Appointments may be scheduled based on the availability of government agencies involved within the continental United States or Canada. It is the client’s responsibility to be available for a scheduled appointment, and in the event of an inability to attend a scheduled appointment, contact our offices to request a cancellation/rebooking of a scheduled appointment at least 7 days prior to such an appointment. The booking/scheduling/rescheduling of an appointment with government agencies is a complimentary, value-added service provided to all clients of TFS Inc where/when applicable or necessary and does not carry any monetary value. Errors or Omissions: While TFS Inc will do everything possible to ensure all files and documents are complete and are filed with the correct departments and organizations, in case of an error caused by the staff at TFS Inc, every effort will be made to correct the said error. If such an error causes an interruption in the provision of services, TFS Inc will correct the said error and re-file any paperwork, document or file with the said organization or department. Such an error will be compensated by correcting the error and ensuring the processing of the client’s file is completed in a timely manner. A refund for the fees paid will not be provided in such situations. Timely Completion & Delivery of Documents: You also agree it is not the responsibility of TFS Inc to send you repetitive reminders to meet or complete your obligations, such as completing your initial forms. Please refer to your “Welcome Package” for more details & instructions. It is also the client’s responsibility to complete their welcome package and return it to our office in a timely manner. Responsibility of Client: It is the policy of TFS Inc. to expedite the processes for which the service is being provided to the client in each and every possible way. However, depending on exceptional circumstances, some clients may need to physically be present/submit their files to the said organization or agency. This is due to the fact that some agencies will not release information to a third party or agency until and unless the client authorizes those organizations or departments in person. If a client’s application process poses such a circumstance, it will be the sole responsibility of the client to assist TFS Inc in doing the needful for that organization to release the required information or paperwork to TFS Inc. TFS Inc does everything possible to ensure the client does not have to obtain their information from government or non-government agencies physically. The majority of our clients do not need to obtain their paperwork from the court or police departments physically however, in such a case where a client is required to physically obtain their own records from a court, police station or any other organization or agency, no compensation, monetary or otherwise can be claimed by the applicant from TFS Inc. Refund & Cancellation Policy: Applications may be cancelled for a full refund within 7 calendar days of the initial payment and where this legally binding agreement is signed. For cancellation requests received after 7 calendar days, a 30% cancellation fee applies. The client understands that TFS Inc does not accept cancellations and/or refunds after the services have been completed and the application has been submitted. The client further understands that in the event a chargeback is initiated claiming that the charge was unauthorized, TFS Inc reserves the right to terminate services with no refunds immediately. TFS Inc reserves the right to dispute and/or prosecute such cases in a court of law, and all emails, phone call recordings, signed agreements and communication will be used during such a process where permitted by law. Indemnification: The client agrees to defend, indemnify and hold harmless each of TFS Inc, its affiliates and licensors and each of their respective officers, directors, employees, contractors and agents from and against any and all claims, actions or demands, including without limitation legal and accounting fees, resulting from or related to (a) your breach of any of these Terms and Conditions; (b) your access to or use of services provided by TFS Inc, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from any of the Services provided by TFS Inc. You shall use your best efforts to cooperate with us to defend any claim. At our own expense, we reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. Claims & Disputes: The client understands and agrees that any controversy, claim or dispute arising out of or relating to these terms and conditions, the client’s use of services provided by TFS Inc, or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. All costs arising from the settlement will be covered by the unsuccessful party. Criminal Activity: You understand that any criminal activity will affect your membership eligibility. If you are arrested, convicted or tried in a court of law, a new eligibility period may apply. In such a case, no refunds of fees will be provided to you. However, we may hold your file and resume the process later when you become eligible for the said services. Misconduct: Misconduct, threatening, foul language, harassment or any sort of conversation either by way of written, oral, or any other type of communication that may be offensive to an employee or officer of TFS Inc will cause immediate termination of a client’s file without any monetary compensation or refund of the fees paid. TFS Inc reserves the right in such situations to prosecute such individuals by way of legal action in a court of law. After such an event, the provision of services to an individual is at the sole discretion of TFS Inc. Questions and Inquiries: TFS Inc guarantees superior service to our clients by offering a dedicated customer service team available to address any questions and/or inquiries a client might have concerning their file. Our customer service department can be reached at support@nexuspassonline.com.
