Student Counselling & Success Fee Agreement

For clarity, the following terms shall have the meanings ascribed:

• Offer Letter: A conditional or unconditional admission letter from a university specifying stipend/scholarship details. If multiple Offer Letters are received, the stipend for Success Fee calculation shall be based on the university chosen by the Student.
• Stipend: The monthly financial support for survival and accommodation as stated in the Offer Letter. If stated annually (e.g., USD 100,000), it shall be divided by 12 to determine the monthly equivalent.
• Visa Approval: The formal issuance of a valid student visa by the relevant country's embassy (e.g., US Embassy for USA), confirming the Student's ability to travel abroad with certainty.
• Final Outcome: Either Visa Approval or the Student's written confirmation (via email) that they have decided not to pursue studying abroad under this Agreement (e.g., after a final rejection or personal choice).
• Confidential Information: Any non-public information disclosed by one party to the other, including personal details, application materials, or proprietary guidance methods.

EduSail agrees to provide the following services to the Student:

• Profile evaluation and guidance
• Selection of 3–5 suitable universities
• Counselling and application guidance throughout the admission process
• Drafting of SOP and LORs
• IELTS/TOEFL free course
• Visa Interview guidance
• 1-on-1 doubt clearing sessions with USA-based counsellor
• Preparation for mock interviews
• Pre-departure guidance and travel planning

• Counselling Fee: ₹1,000 payable upfront (non-refundable).
• Success Fee: Equivalent to 1 month of Stipend (calculated basis Offer Letter from university), payable in two stages:
  • 50% after receiving an Offer Letter from university
  • 50% after Visa Approval

• Payment must be made within 14 days of the trigger (Offer Letter or Visa Approval).
• EduSail Abroad retains the right to hold final documents and institutional endorsements in case of payment delays.

• Students agree to provide accurate personal information and timely submission of required forms.
• Students acknowledge EduSail Abroad’s role in creating SOPs, LORs, providing counselling, and additional services listed above. (Some documents such as SOPs, LORs must be issued by your college authority although we provide what is written inside it)
• Students shall bear all additional expenses related to the study abroad process, including but not limited to university application fees, visa fees, TOEFL/IELTS exam fees (if required), flight tickets(if it is not offered by university).

Any dispute, controversy, or claim arising out of or in connection with this Agreement, including its validity, breach, or termination, shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a sole arbitrator appointed mutually by the parties within 15 days of written notice of dispute; failing agreement, the arbitrator shall be appointed by the Indian Council of Arbitration (ICA). The seat and venue of arbitration shall be Noida, Uttar Pradesh, India, and the language shall be English. The arbitrator shall endeavor to issue the award within 6 months from the commencement of arbitration. Electronic communications, including WhatsApp confirmations and digital signatures, are legally binding and admissible as evidence. The arbitration award shall be final and binding on both parties.

This Agreement commences on the date of payment of the Counselling Fee and continues until the Final Outcome. Either party may terminate for material breach (e.g., non-payment by Student or failure to provide services by EduSail Abroad) with 15 days' written notice. Upon termination, the student pays pro-rata fees for services rendered. If terminated due to EduSail's breach, Student is entitled to a pro-rata refund of any paid Success Fee (excluding Counselling Fee).

Both parties agree to keep all confidential Information strictly confidential and not disclose it to any third party without prior written consent, except as required by law. This obligation survives termination of the Agreement.

All SOPs, LORs, and guidance materials created hereunder are owned by EduSail Abroad. It also retains rights to its pre-existing templates and methods. Students may use these documents solely for their personal admission process and shall not distribute, reproduce, or share them with third parties for any means without permission.

Student indemnifies EduSail against losses from inaccurate information provided by Student. EduSail Abroad warrants that services will be provided with reasonable care and skill but makes no guarantees regarding admission or Visa Approval outcomes. EduSail's liability is limited to the total fees paid; no liability for indirect, consequential, or punitive damages, including visa rejections or admission denials.

Neither party is liable for delays or failures due to events beyond reasonable control, such as acts of God, government actions (e.g., visa policy changes), war, or pandemics. The affected party shall notify the other promptly and resume performance as soon as possible.

The Student authorizes EduSail Abroad to mention their admission success (university name, program, and testimonial) for marketing purposes, provided personal contact details remain confidential.

This Agreement is governed by the laws of India. It constitutes the entire understanding between the parties, superseding prior discussions. If any provision is held invalid, the remainder remains enforceable (severability).