Student Advisory & Success-Linked Fee Agreement

EduSail Abroad Solutions Pvt Ltd

Registered Office: Plot No. 20, Block H-1A/20, Sector-63, Noida, Gautam Buddha Nagar – 201301, Uttar Pradesh, India

This Agreement (“Agreement”) is executed on ___ / ___ / _____

BETWEEN

EduSail Abroad Solutions Pvt Ltd, a company incorporated under the Companies Act, 2013, having its registered office at the address mentioned above, hereinafter referred to as “EduSail Abroad”,

AND

[Student Name, Address, Email, Mobile], hereinafter referred to as the “Student”.

EduSail Abroad and the Student are hereinafter individually referred to as a “Party” and collectively as the “Parties”.

1. Definitions

For the purposes of this Agreement, the following terms shall have the meanings assigned below:

Offer Letter

Means a conditional or unconditional admission letter issued by a foreign educational institution specifying program details and stipend or scholarship, if applicable. Where multiple Offer Letters are received, the stipend used for fee calculation shall be based on the Offer Letter accepted by the Student.

Stipend

Means the monthly financial support specified in the Offer Letter for living and accommodation. If the stipend is stated annually, the amount shall be divided by twelve to determine the monthly equivalent.

Visa Approval

Means formal issuance of a valid student visa by the relevant embassy or consulate permitting the Student to travel and pursue studies abroad.

Final Outcome

Means Visa Approval or closure of the application process due to rejection or ineligibility after reasonable efforts, excluding voluntary withdrawal by the Student without valid cause.

Confidential Information

Means all non-public information disclosed by either Party, including personal data, academic records, application materials, and proprietary advisory processes.

2. Scope of Services

EduSail Abroad shall provide advisory and guidance services, which may include:

  • Profile evaluation and academic counselling
  • Shortlisting of suitable universities and programs
  • Application strategy and counselling support
  • SOP and LOR content guidance and drafting assistance
  • Access to complimentary IELTS/TOEFL preparation resources, where applicable
  • Visa interview preparation and guidance
  • Mock interviews and counselling sessions
  • Pre-departure orientation and general travel guidance

EduSail Abroad provides advisory services only and does not guarantee admission, funding, scholarship, or visa approval.

3. Fees

3.1 Administrative and Onboarding Fee

An administrative and onboarding fee of ₹1,000 (Rupees One Thousand only) shall be payable upfront upon execution of this Agreement.

This fee covers initial profile evaluation, counselling, and onboarding services and shall be non-refundable once services have commenced.

3.2 Success-Linked Advisory Fee

EduSail Abroad operates on a success-linked advisory fee model.

  • Total Success Fee: An amount equivalent to one (1) month of stipend, as specified in the Offer Letter.
  • Payment Structure:
    • 30% of the Success Fee payable within 14 days of receipt of an Offer Letter
    • 70% of the Success Fee payable within 14 days of Visa Approval

The Success Fee is a professional advisory fee payable directly by the Student for services rendered and is not charged by, on behalf of, or collected for any university, government authority, or scholarship provider.

The Success Fee becomes due and payable upon Visa Approval, irrespective of whether the Student subsequently chooses to defer, cancel, or not pursue travel or enrollment for personal reasons.

If Visa Approval is not obtained, any amount paid toward the Success Fee shall be adjusted or refunded proportionately, excluding fees attributable to services already rendered.

4. Payment Terms

All payments shall be made within the timelines specified above.

In the event of delay or non-payment:

  • EduSail Abroad may suspend further advisory services until outstanding dues are cleared.
  • No original academic, personal, or official documents shall be withheld under any circumstances.

5. Obligations of the Student

The Student agrees to:

  • Provide accurate, complete, and truthful information
  • Submit documents and forms in a timely manner
  • Acknowledge that certain documents (e.g., LORs) must be issued by official academic authorities
  • Bear all third-party costs, including application fees, visa fees, examination fees, medicals, travel expenses, and any university-imposed charges

6. Intellectual Property

EduSail Abroad retains ownership of its proprietary templates, formats, methodologies, frameworks, and advisory processes.

The Student is granted a limited, non-transferable right to use final SOPs and guidance materials solely for personal admission purposes.

Redistribution, reproduction, or commercial use of EduSail Abroad’s proprietary materials without written consent is prohibited.

7. Confidentiality

Both Parties agree to maintain strict confidentiality of all Confidential Information and not disclose such information to third parties, except where required by law.

This obligation shall survive termination of this Agreement.

8. Limitation of Liability and Disclaimer

EduSail Abroad shall provide services with reasonable care and skill but does not guarantee any specific outcome.

EduSail Abroad’s total liability, if any, shall be limited to the total fees paid under this Agreement.

In no event shall EduSail Abroad be liable for indirect, incidental, consequential, or punitive damages, including admission denials or visa rejections.

9. Term and Termination

This Agreement shall commence on the date of payment of the administrative fee and shall continue until the Final Outcome.

Either Party may terminate this Agreement for material breach with 15 days’ written notice.

Upon termination:

  • Fees shall be settled on a pro-rata basis for services rendered
  • If termination occurs due to EduSail Abroad’s breach, a proportionate refund of the Success Fee shall be made

10. Force Majeure

Neither Party shall be liable for failure or delay caused by events beyond reasonable control, including acts of God, government actions, policy changes, pandemics, or natural disasters. The affected Party shall notify the other as soon as reasonably possible.

11. Marketing Consent

The Student authorizes EduSail Abroad to use anonymized admission outcomes (such as university name, program, and testimonial) for marketing and promotional purposes, provided that personal contact details are not disclosed.

12. Dispute Resolution

All disputes arising out of or in connection with this Agreement shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended.

  • Sole arbitrator appointed mutually; failing agreement, by the Indian Council of Arbitration (ICA)
  • Seat and venue: Noida, Uttar Pradesh, India
  • Language: English

Electronic communications, including emails and WhatsApp confirmations, and digital signatures shall be valid and admissible as evidence.

The arbitral award shall be final and binding on both Parties.

13. Governing Law and Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of India.

It constitutes the entire agreement between the Parties and supersedes all prior discussions or understandings.

If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Signatures

For EduSail Abroad Solutions Pvt Ltd

Name: ____________________

Designation: ____________________

Signature: ____________________

Date: _______

Student

Name: ____________________

Signature: ____________________

Date: _______