FRANCHISEE AGREEMENT
This Agreement is made between NIITC EDUCATION Private Limited, registered under the Ministry of Corporate Affairs (Govt. of India), Reg. No. U854900D2026PTC053310, New Delhi, through its Managing Director Mr. Susanta Kumar Pradhan (hereinafter called the "FRANCHISOR") and the Franchisee (hereinafter called the "FRANCHISEE").
PREAMBLE
The Franchisor has been engaged in the business of operating computer and vocational education centers for imparting education in IT, Computer, Aerospace & Aviation, Agricultural, Fire & Safety, Hardware education, and other courses under the trade name of "NIITC EDUCATION".
The Franchisee is desirous of establishing and operating an education center under the NIITC Education brand and has requested the Franchisor to supply and transfer the necessary know-how relating to setting up and operating the said education center.
TERMS AND CONDITIONS
1. Confidentiality
The Franchisee agrees, declares, and undertakes that they shall not, directly or indirectly, disclose the whole or any part of the know-how or technical information received from the Franchisor to any person, firm, or company.
2. Sub-Franchising Prohibited
The Franchisee shall not be entitled to grant any Sub-Franchise or enter into any arrangements with any other person to delegate the rights and duties granted under this agreement.
3. Non-Compete Clause
The said know-how shall not be used, transferred, or conveyed elsewhere. The Franchisee agrees that during the term of this agreement, they shall not directly or indirectly engage or have an interest in any other competing Computer & Vocational education business.
4. Premises Restriction
The use of the said know-how by the Franchisee shall be restricted to the approved premises only. The Franchisee shall not conduct any training outside the approved premises or shift the Education Center without prior written consent from the Franchisor.
5. Franchise Location Rights
This Franchise is valid only for the specified premises and does not allow opening of any other branch. The Franchisor retains the sole right to set up franchises at any place in any number, irrespective of existing franchises in any locality, town, city, district, or state in India.
6. Modifications
The Franchisee shall not change, amend, or alter the design, specifications, features, or layout of the education center without prior written consent from the Franchisor.
7. Compliance
During the continuance of this Agreement, the Franchisee shall strictly follow the procedures and methods prescribed by the Franchisor in setting up and operating the education center.
ROYALTY STRUCTURE
| Course Category |
Royalty Per Student |
| Any Basic Course | ₹350 |
| Any Diploma Course | ₹550 |
| Any Advance Diploma Course | ₹850 |
| Any PG Diploma Course | ₹1,050 |
| Specific 2 Years Courses | ₹2,050 |
Course Categories: IT & Computer, Vedic Science, Renewable Energy, Agricultural & Farming, Veterinary, Education & Teacher Training, Management & Professional, Media & Journalism, Hotel & Tourism, Art & Design, Beauty & Fashion Designer, Yoga, Construction & Trade Sector, Industrial Training, Medical & Paramedical Science
8. Royalty Payment
Franchisee must pay their new admission Royalty online through the official NIITC Education website (www.niitceducation.in).
9. Trade Name Usage
The Franchisee is permitted to use the Trade Name "NIITC EDUCATION" subject to the restrictions and conditions contained in this agreement. The Franchisee shall not project or give to understand that the education center belongs to the Franchisor.
10. Course Updates
The Franchisor shall keep upgrading its courses from time to time and introduce new courses as new technology is announced. These new courses will be offered to the franchisee at a cost determined by the Franchisor.
11. Advertising
The Franchisor will advertise regularly in newspapers and other media. The Franchisee has to pay the cost of such advertisement as prescribed by the Franchisor, subject to pro-rata increase in advertisement rates.
12. Payment Default
If the Franchisee fails to make any payments for 10 days, the Franchisor has the right to stop all support including Franchisee Login ID, advertisements, examinations, and certification. After 15 days, if payments have still not been made in full, the franchise would be deemed cancelled.
13. Agreement Validity & Renewal
This agreement is valid for one year. For renewal, the Franchisee will have to pay ₹2,000 (Rupees Two Thousand only) to the Franchisor for another year.
14. Minimum Admissions
The Franchisee agrees to give minimum Ten admissions per month or Thirty admissions in three months on the website portal, otherwise the Franchisor can terminate the franchise.
15. Inspection
NIITC Education Private Limited will make inspections through a special squad. The Franchisee should provide all necessary papers, forms, and support. If any student admissions are found not shown, a penalty of ₹2,000 per student will be charged. Failure to pay may result in judicial action.
16. Examinations & Certificates
The Franchisor is responsible for conducting examinations and giving Certificates ONLY for authorized courses and only to students enrolled with the Franchisor. There will be No Examination fees. If any franchisee is found giving duplicate certificates (other than issued by NIITC EDUCATION), the Franchisor will take criminal action and terminate the Franchise immediately.
17. Student Records
The Franchisee will maintain proper records of the students as explained by the Franchisor and submit the same as and when required. The Franchisor may conduct visits without prior intimation.
18. Standards & Compliance
The Franchisee shall adhere to strictest standards of cleanliness and operate the Education Center in compliance with all applicable laws including labor laws, health & safety regulations, insurance requirements, and provident fund obligations.
19. Taxes & Duties
Any taxes or duties imposed by the Central Government, State Government, or Local Authority in respect of payments made under this agreement shall be borne by the Franchisee.
20. Intellectual Property
The Franchisor has the right to terminate this Agreement if the Franchisee disputes or attacks the validity of the Franchisor's Trade Marks, Trade Names, Designs, Patents, Copyrights, or other intellectual property rights.
21. Liability & Indemnification
The Franchisor shall not be responsible or liable for any financial transaction and commitment made by the Franchisee. The Franchisee agrees to indemnify and save the Franchisor harmless from any claims, losses, or damages.
22. Termination
Upon termination of this agreement, the Franchisee shall not identify itself as a Franchisee or use any of the Franchisor's Trade marks, Trade names, Signs, Symbols, or other distinctive materials.
23. Dispute Resolution
Any dispute arising between the parties shall be referred to arbitration in accordance with the Indian Arbitration Act. All proceedings may be made a rule of the Khordha District Court. This agreement is subject only to Khordha Jurisdiction.
24. Outstanding Dues
The Franchisee agrees to pay all outstanding amounts to settle all debit notes or dues to the Franchisor at the time of renewal, termination, or non-renewal without any delay.
25. Termination by Franchisor
In the event of demise, bankruptcy, illegal activities, or conduct detrimental to the reputation of the Franchisor, the franchise may be terminated unilaterally. The liability shall be valid and binding on the estate of the partners, directors, proprietors, and their legal heirs.
