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Non Refundable Contract Template for India

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Key Requirements PROMPT example:

Non Refundable Contract

"I need a Non-Refundable Contract for my private coaching institute in Mumbai, to be used for student enrollments starting January 2025, which should include terms for advance fee payment and specify conditions where partial refunds might be considered in exceptional circumstances."

Document background
The Non-Refundable Contract serves as a crucial legal instrument in transactions where certain payments or deposits are intended to be non-returnable. This document type is particularly relevant in situations involving advance bookings, reservations, deposits for services, or commitment fees where businesses need to protect themselves against last-minute cancellations or customer defaults. The agreement, governed by Indian law, must carefully balance the rights of both parties while ensuring compliance with the Indian Contract Act, 1872, and consumer protection regulations. The Non-Refundable Contract typically includes detailed payment terms, clear conditions under which payments become non-refundable, any applicable exceptions, and specific performance obligations. It's essential in industries where upfront commitments and advance payments are standard practice, providing legal security for businesses while ensuring transparency for customers.
Suggested Sections

1. Parties: Identification and details of all parties to the contract

2. Background: Context of the agreement and relationship between the parties

3. Definitions and Interpretation: Key terms used in the agreement and rules for interpretation

4. Subject Matter: Clear description of the products, services, or rights being provided

5. Payment Terms: Detailed payment obligations including explicit non-refundable provisions

6. Non-Refundable Nature: Specific clause clearly stating the non-refundable nature of payments and circumstances

7. Obligations of the Parties: Detailed responsibilities and commitments of each party

8. Representations and Warranties: Statements of fact and promises made by each party

9. Term and Termination: Duration of the agreement and circumstances for termination

10. Consequences of Termination: Effects of contract termination, especially regarding non-refundable payments

11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

12. Dispute Resolution: Process for resolving disputes between parties

13. Notices: Method and addresses for official communications

14. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.

Optional Sections

1. Force Majeure: Used when parties want to address circumstances beyond their control that might affect performance

2. Confidentiality: Include when sensitive information will be shared between parties

3. Intellectual Property: Required when IP rights are involved in the transaction

4. Insurance: Include when specific insurance requirements need to be maintained

5. Assignment: Include when transfer of rights needs to be specifically addressed

6. Indemnification: Used when specific indemnity obligations need to be detailed

7. Service Level Requirements: Include for service-based contracts with specific performance metrics

8. Change Control: Include when the scope or terms might need future modifications

Suggested Schedules

1. Schedule 1 - Payment Schedule: Detailed breakdown of payment amounts, dates, and non-refundable portions

2. Schedule 2 - Service/Product Specifications: Detailed description of services or products covered by the contract

3. Schedule 3 - Contact Details: Complete contact information for all parties and key personnel

4. Schedule 4 - Special Terms: Any special conditions or variations applicable to specific aspects of the agreement

5. Appendix A - Required Documents: List of documents required from parties for contract execution

6. Appendix B - Compliance Requirements: Specific regulatory or compliance requirements applicable to the contract

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses






























Relevant Industries

Real Estate

Education

Hospitality

Tourism

Event Management

Professional Services

Construction

Manufacturing

Retail

Healthcare

Technology Services

Entertainment

Transportation

Consulting

Relevant Teams

Legal

Finance

Sales

Operations

Compliance

Risk Management

Business Development

Customer Service

Project Management

Procurement

Account Management

Property Management

Event Management

Contract Administration

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Sales Director

Finance Manager

Operations Manager

Compliance Officer

Risk Manager

Project Manager

Account Executive

Customer Service Manager

Property Manager

Event Coordinator

Procurement Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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