This Agreement is made and entered into between NIITC EDUCATION Private Limited, registered under the Ministry of Corporate Affairs, Government of India, bearing Registration No. U85490OD2026PTC053310, represented by its Managing Director, Mr. Susanta Kumar Pradhan (hereinafter referred to as the “FRANCHISOR”), of the One Part; and the Franchisee, represented by its Director/Partner/Proprietor/Franchisee, the Director / Partner / Proprietor, having its registered office/principal place of business at the registered office address on record (hereinafter referred to as the “FRANCHISEE”), of the Other Part.
PREAMBLE
The Franchisor is engaged in the business of operating and managing computer, vocational, and skill development education centers for imparting education and training in Information Technology (IT), Computer Education, Aerospace & Aviation, Agriculture, Fire & Safety, Hardware & Networking, and other professional and vocational courses under the trade name and brand of "NIITC EDUCATION".
The Franchisee desires to establish and operate an education and training center under the NIITC EDUCATION brand and has requested the Franchisor to provide the necessary know-how, guidance, systems, operational support, and other assistance required for setting up and managing the said education center.
TERMS AND CONDITIONS
1. Confidentiality
The Franchisee agrees, declares, and undertakes that it shall not, directly or indirectly, disclose, communicate, reproduce, share, transfer, or make available, in whole or in part, any know-how, technical information, business information, operational procedures, training materials, or confidential information received from the Franchisor to any individual, firm, company, organization, or third party without the prior written consent of the Franchisor.
2. Sub-Franchising Prohibited
The Franchisee shall not be entitled to grant, assign, transfer, sublicense, or create any Sub-Franchise, nor enter into any arrangement, agreement, partnership, or understanding with any person, firm, company, organization, or third party for the purpose of delegating, transferring, or sharing any rights, responsibilities, obligations, or benefits granted under this Agreement without the prior written consent of the Franchisor.
3. Non-Compete Clause
The know-how, business methods, operational systems, training materials, and other proprietary information provided by the Franchisor shall not be used, disclosed, transferred, reproduced, or utilized for any purpose other than the operation of the authorized NIITC EDUCATION Centre.
The Franchisee agrees that during the term of this Agreement, it shall not, directly or indirectly, engage in, operate, manage, promote, assist, or have any financial or beneficial interest in any business, institution, organization, or activity that competes with the educational, training, or vocational services offered by the Franchisor.
4. Premises Restriction
The use of the know-how, systems, training materials, brand name, and other resources provided by the Franchisor shall be strictly restricted to the approved premises specified under this Agreement.
The Franchisee shall not conduct any training, educational, promotional, or franchise-related activities from any location other than the approved premises, nor relocate, shift, transfer, or operate the Education Centre from any other location without obtaining the prior written consent of the Franchisor.
5. Franchise Location Rights
This Franchise is granted exclusively for the approved premises specified under this Agreement and shall not authorize the Franchisee to establish, operate, or promote any additional branch, extension centre, sub-centre, or franchise location without the prior written approval of the Franchisor.
The Franchisor reserves the absolute and exclusive right to establish, appoint, authorize, or operate additional franchises, study centres, branches, business associates, or affiliated institutions at any location and in any number throughout India, irrespective of the existence of any Franchisee in the same locality, town, city, district, state, or region.
6. Modifications
The Franchisee shall not, without the prior written consent of the Franchisor, modify, alter, amend, remove, replace, or make any changes to the design, layout, specifications, branding, infrastructure, operational setup, signage, identity, or other approved features of the Education Centre established under this Agreement.
Any unauthorized modification or alteration shall constitute a breach of this Agreement and may result in appropriate action by the Franchisor, including suspension or termination of the Franchise.
7. Compliance
During the term of this Agreement, the Franchisee shall strictly comply with and adhere to all policies, procedures, systems, standards, guidelines, instructions, operational methods, and directions prescribed or issued by the Franchisor from time to time for the establishment, management, and operation of the Education Centre.
Failure to comply with such policies, procedures, or directions shall be deemed a breach of this Agreement and may result in appropriate action by the Franchisor.
ROYALTY STRUCTURE
(Subject to Revision and Update by the Management from Time to Time)
Basic Courses – Rs. 350
Diploma Courses – Rs. 550
Advanced Diploma Courses – Rs. 850
PG Diploma Courses – Rs. 1,050
Two-Year Specialized Courses – Rs. 2,050
Additional Note:
Royalty for certain Specialized, Professional, Premium, Industry-Oriented, or High-Value Courses may vary and shall be determined separately by the Management from time to time.
NOTE:
NIITC EDUCATION reserves the right to amend, modify, revise, update, or withdraw any royalty structure, fee structure, admission scheme, policy, guideline, operational procedure, or related terms and conditions at any time as deemed necessary by the Management. All Franchise Partners, Study Centres, and Associated Institutions shall be bound by and comply with the latest policies, guidelines, notifications, and decisions issued by the Organization from time to time. Any such revision or update shall automatically become effective and applicable to all affiliated franchise partners from the date of implementation.
Course Categories :
Information Technology (IT) & Computer Education
Vedic Science & Traditional Knowledge
Renewable Energy & Green Technology
Agriculture, Farming & Allied Sciences
Veterinary & Animal Husbandry Studies
Education, Teaching & Teacher Training
Management, Business & Professional Studies
Media, Journalism & Mass Communication
Hotel Management, Hospitality & Tourism
Arts, Design & Creative Studies
Beauty, Wellness & Fashion Designing
Yoga, Naturopathy & Holistic Health
Construction, Infrastructure & Trade Sector Skills
Industrial Training & Technical Education
Medical, Healthcare & Paramedical Sciences
Additional Note :
The above categories are illustrative and not exhaustive. The Organization reserves the right to introduce, modify, revise, merge, rename, suspend, discontinue, or add any new courses, programs, subjects, certifications, training modules, or educational services under any category from time to time as deemed necessary by the Management.
8. Royalty Payment
The Franchisee shall pay all applicable royalty, admission, registration, examination, certification, and other prescribed fees through the official NIITC EDUCATION website (www.niitceducation.in) or through any payment channel authorized by the Franchisor from time to time, including the official online portal, UPI, QR Code, bank transfer, direct bank deposit, or any other approved mode of payment.
The Franchisee may submit franchise applications, student registrations, admissions, examination forms, certification requests, and other related services through the official website or portal wherever such facilities are made available.
Any payment made through an unauthorized channel shall not be considered valid. Payment shall be deemed accepted only upon receipt and confirmation by the Franchisor through an approved payment method.
For the avoidance of doubt, the Franchisor reserves the right to introduce, modify, replace, discontinue, or authorize additional payment methods from time to time, and such authorized payment methods shall automatically form part of this Agreement without requiring any amendment, revision, or re-execution of this Agreement.
9. Trade Name Usage
The Franchisee is permitted to use the trade name "NIITC EDUCATION" strictly in accordance with the terms, conditions, and guidelines prescribed by the Franchisor under this Agreement.
The Franchisee shall not represent, imply, or hold out that the Education Center is owned, managed, operated, or controlled by the Franchisor. The Franchisee shall at all times remain an independent entity and shall not create any impression contrary to the provisions of this Agreement.
10. Course Updates
The Franchisor may, from time to time, upgrade, revise, modify, discontinue, or introduce new courses, programs, curricula, technologies, and training modules in accordance with industry requirements and technological advancements.
Such new or updated courses, programs, or services shall be made available to the Franchisee on such terms, conditions, and fees as may be determined by the Franchisor from time to time.
11. Advertising and Promotional Contribution
The Franchisor may undertake advertising, branding, marketing, and promotional activities through newspapers, digital media, social media, electronic media, print media, or any other communication channels for the promotion of the NIITC EDUCATION brand.
The Franchisee shall contribute towards such advertising and promotional expenses as may be prescribed by the Franchisor from time to time. Such contribution may be revised by the Franchisor in accordance with changes in advertising, marketing, and promotional costs.
12. Franchise Renewal and Portal Access
This Franchise Agreement shall remain valid for a period of one (1) year from the date of execution unless renewed in accordance with the terms of this Agreement.
The Franchisee shall be notified prior to the expiry of the Agreement regarding the renewal due date. The Franchisee must complete the renewal formalities and pay the applicable renewal fees on or before the expiry date of the Agreement.
If the Franchisee fails to renew the Agreement by the expiry date, access to the Franchise Portal, Login ID, Student Registration, Examination, Certification, and all other related services shall be automatically suspended from the following day until the renewal process is completed and approved by the Franchisor.
Upon successful renewal and payment of the prescribed renewal fees, all authorized services and portal access shall be restored for the renewed term.
13. Agreement Validity and Renewal Fee
This Agreement shall remain valid for a period of one (1) year from the date of execution. Upon expiry, the Franchisee may renew the Agreement for a further term by paying the applicable renewal fee of Rs. 2,000/- (Rupees Two Thousand Only) or such revised fee as may be prescribed by the Franchisor from time to time.
14. Minimum Admissions Requirement
The Franchisee shall ensure a minimum of ten (10) student admissions per month or thirty (30) student admissions within any consecutive three-month period through the official portal of the Franchisor. Failure to meet this minimum admission requirement may, at the sole discretion of the Franchisor, result in suspension or termination of the Franchise Agreement.
15. Inspection
NIITC Education Private Limited shall conduct inspections through a duly authorized inspection team. The Franchisee shall provide all necessary documents, records, forms, and cooperation required for such inspection. If any student admissions are found to have been concealed, omitted, or not reported to NIITC Education Private Limited, a penalty of Rs. 2,000/- (Rupees Two Thousand only) per student shall be imposed. Failure to pay the applicable penalty may result in appropriate legal action.
16. Examinations & Certificates
The Franchisor shall be solely responsible for conducting examinations and issuing Certificates for the courses duly authorized by the Franchisor. Such examinations and Certificates shall be applicable only to students duly enrolled with the Franchisor through the Franchisee. No separate examination fee shall be charged by the Franchisor.
The Franchisee shall not print, prepare, issue, reproduce, duplicate, alter, or distribute any Certificate, Mark Sheet, Diploma, Transcript, or other academic document in the name of NIITC EDUCATION or representing the Franchisor, unless specifically authorized in writing by the Franchisor.
Any unauthorized issuance, duplication, alteration, reproduction, or misuse of Certificates or other academic documents shall constitute a material breach of this Agreement. In such an event, the Franchisor shall have the right to immediately terminate the Franchise Agreement, without prejudice to its right to initiate appropriate civil and/or criminal legal proceedings and to claim damages or any other remedies available under applicable law.
17. Student Records
The Franchisee shall maintain complete, accurate, and up-to-date records of all students enrolled through the Franchisee, in accordance with the procedures and requirements specified by the Franchisor. The Franchisee shall submit such records to the Franchisor as and when required.
The Franchisor shall have the right to inspect and verify the student records and related documents maintained by the Franchisee and may conduct visits to the Franchisee’s premises, including without prior notice, for the purpose of inspection, verification, monitoring, and ensuring compliance with the terms and conditions of this Agreement.
18. Standards & Compliance
The Franchisee shall maintain the highest standards of cleanliness, hygiene, safety, and professional conduct at the Education Center and shall operate the Education Center in full compliance with all applicable laws, rules, regulations, and statutory requirements, including applicable labour laws, health and safety regulations, insurance requirements, provident fund requirements, and other statutory obligations.
The Franchisee shall be solely responsible for obtaining and maintaining all registrations, licences, permissions, approvals, insurance policies, and statutory compliances required for the lawful operation of the Education Center and for ensuring that all employees, staff, and personnel engaged by the Franchisee comply with all applicable laws and regulations.
19. Taxes & Duties
Any taxes, duties, levies, charges, or other statutory payments imposed by the Central Government, State Government, or any Local Authority in connection with or arising from payments made under this Agreement shall be borne and paid by the Franchisee, except where otherwise required by applicable law.
20. Intellectual Property
The Franchisee acknowledges and agrees that all Trade Marks, Trade Names, Designs, Patents, Copyrights, logos, brand names, and other intellectual property rights of the Franchisor are and shall remain the exclusive property of the Franchisor or their respective lawful owners, as applicable.
The Franchisee shall not dispute, challenge, contest, attack, or otherwise question the validity, ownership, or enforceability of any such intellectual property rights. The Franchisee shall also not use, reproduce, modify, register, copy, or permit the unauthorized use of any such intellectual property except as expressly authorized by the Franchisor in writing.
Any violation of this Clause shall constitute a material breach of this Agreement. The Franchisor shall have the right to immediately terminate this Agreement, without prejudice to its right to seek appropriate civil and/or criminal remedies and any other relief available under applicable law.
21. Liability & Indemnification
The Franchisor shall not be responsible or liable for any financial transactions, debts, liabilities, commitments, contracts, or obligations entered into or incurred by the Franchisee, whether with students, employees, suppliers, customers, financial institutions, government authorities, or any other third party.
The Franchisee shall be solely responsible for all such transactions, debts, liabilities, commitments, contracts, and obligations and shall indemnify, defend, and hold harmless the Franchisor, its directors, officers, employees, and representatives from and against any claims, demands, actions, losses, damages, liabilities, costs, expenses, or legal proceedings arising out of or in connection with the Franchisee’s business, acts, omissions, or obligations.
22. Termination
Upon termination or expiry of this Agreement for any reason, the Franchisee shall immediately cease to identify or represent itself as a Franchisee, authorized centre, representative, or associate of the Franchisor and shall immediately discontinue all use of the Franchisor’s Trade Marks, Trade Names, Signs, Symbols, logos, brand names, and other distinctive materials or intellectual property.
The Franchisee shall also remove and discontinue the display of all such Trade Marks, Trade Names, Signs, Symbols, logos, brand names, and other distinctive materials from its premises, website, social media, advertisements, stationery, promotional materials, and any other medium or platform, and shall not use or represent itself as being associated with the Franchisor thereafter.
23. Dispute Resolution
Any dispute, difference, or claim arising out of or in connection with this Agreement shall, where not resolved amicably, be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall be conducted in Bhubaneswar, Khordha, Odisha, and the competent courts having jurisdiction in Bhubaneswar, Khordha, Odisha, shall have exclusive jurisdiction over matters arising out of or in connection with this Agreement, subject to applicable law.
24. Outstanding Dues
The Franchisee shall pay and settle all outstanding amounts, debit notes, dues, and other financial obligations payable to the Franchisor without delay upon renewal, termination, or non-renewal of this Agreement.
25. Termination by Franchisor
In the event of the demise, bankruptcy, insolvency, involvement in illegal activities, or any conduct detrimental to the reputation or interests of the Franchisor, the Franchisor shall have the right to terminate the Franchise Agreement with immediate effect. Such termination and all outstanding obligations of the Franchisee shall, to the extent permitted by applicable law, be binding upon the estate and legal representatives of the concerned partners, directors, proprietors, or other persons legally responsible for the Franchisee.
26. Digital Acceptance and Binding Agreement
By clicking the “I Have Read and Agree” checkbox and submitting this Application/Agreement through the NIITC EDUCATION Franchise Portal, the Applicant confirms that he/she has carefully read, understood, and accepted all the terms, conditions, policies, guidelines, rules, regulations, and provisions contained herein. The Applicant further acknowledges and agrees that such electronic acceptance, online submission, digital consent, and system-generated confirmation shall constitute a valid, binding, and enforceable agreement between the Applicant and NIITC EDUCATION and shall have the same legal force and effect as a physically signed written agreement. This electronic acceptance and agreement shall be governed by and interpreted in accordance with the applicable laws of India, including the principles of the Information Technology Act, 2000 and the Indian Contract Act, 1872, as amended from time to time.
