BOSTON INSTITUTE OF ANALYTICS LLC

FRANCHISE TERMS AND CONDITIONS

  1. By accessing or using this website (Franchise Campus Portal of BIA), you expressly acknowledge and agree that, by doing so, you indicate your full and unconditional acceptance of all franchise terms and conditions as presented on this website and as stated in the Franchise Agreement. Your acceptance of these terms and conditions signifies your understanding that they constitute a legally binding agreement between you and THE INSTITUTE. Furthermore, you acknowledge that any failure to comply with the terms and conditions outlined herein and in the Franchise Agreement may result in the termination of your rights and privileges as a franchisee, subject to the remedies and penalties allowed by law.

  2. Please note that all the obligations of the Franchisee under the Agreement and those mentioned on this website are legal, valid, and binding obligations enforceable in accordance with its terms. 

  3. Franchisee will adhere to the guidelines as communicated by THE INSTITUTE on all matters including but not limited to quality of classrooms, infrastructure, internet network, marketing material, etc. 

  4. The Franchisee is responsible to ensure it has the requisite legal and statutory permissions to run the Centre. THE INSTITUTE takes no responsibility of non-compliance on the part of the Franchisee on legal and licensing requirements. Apart from that, the statutory benefits like payment of wages, PF, and other benefits for Faculty/Employees who are working at the Franchise Centre shall be borne/complied by the Franchisee. Any liability arising out of these statutory or other requirements will be the sole responsibility of the Franchisee and THE INSTITUTE shall not be liable for the same by any means.

  5. The said Centre will be exclusively used for the purposes of executing the Franchise Agreement. The branding on the Centre will exclusively be as per the formats approved by THE INSTITUTE. Running any other side operations will not be tolerated and result in IMMEDIATE TERMINATION of the Agreement.

  6. Any misuse of THE INSTITUTE identity and name amounts to violation of the Franchise Agreement and Franchise stands cancelled automatically. Any tie-ups or associations with other organizations must first be taken approval from THE INSTITUTE failing which the association will be regarded as misuse of THE INSTITUTE name, and the Agreement stands cancelled with immediate effect.

  7. All faculty, instructors, employees, and staff working at the Franchise Centre shall be on the payroll of the Franchisee. THE INSTITUTE will have no financial or other responsibilities towards these members directly or indirectly in any manner whatsoever.

  8. The Franchisee shall issue any promotional materials or advertisement only after receiving consent from THE INSTITUTE on email.

  9. Any disagreement between the student and the Franchise Centre will be the sole responsibility of the Franchisee. THE INSTITUTE will not be responsible for any shortfalls in commitments by the Franchisee to the student, or any other issues arising out of dissatisfaction among the students.

  10. Franchisee agrees to abide by the rules, regulations and guidelines set by THE INSTITUTE from time to time. Once communicated by THE INSTITUTE, the onus of implementing the rules, regulations and guidelines lies solely with the Franchisee and the same must be executed with immediate effect.

  11. The Franchisee shall undertake necessary steps to protect the Intellectual Property Rights of THE INSTITUTE. Any violation will result in immediate cancellation of the Franchise Agreement.

  12. THE INSTITUTE Franchisees are independent Franchisees operating their own business. They shall not convey the impression or refer to themselves as employees, agents, managers, or representatives of THE INSTITUTE nor use such terminology on their marketing, stationary or other printed/digital matter. That the relation between the parties shall remain that of principle to principle basis. The Franchisee shall indemnify THE INSTITUTE in respect of any cost or damages arising because of any such misrepresentation of his relationship with THE INSTITUTE.

  13. The Franchisee shall duly and punctually make payments of all amounts due and payable to THE INSTITUTE. Non-payment of any amount under this by the Franchisee to THE INSTITUTE within the prescribed time shall be construed as an act of default and without prejudice to any other rights to recover such amount from the Franchisee, THE INSTITUTE shall also be entitled to terminate his Franchise forthwith without giving any prior notice.

  14. The Franchisee disclaims any right or interest in THE INSTITUTE’s copyrights, trademarks, trade names, service names or marks and logos, and design and all advantages and benefits derived there-from and in the techniques/know-how and training resource/material, student course materials and other literature. The Franchisee agrees that certain confidential information and secret knowledge which may be made available to him in confidence, the Franchisee shall not divulge such confidential information, secrets and procedures or performance or exhibit any portion or part thereof to any person. The Franchisee shall include a secrecy obligation relating to the above matters in the contracts of employment with his employees. The Franchisee shall keep all information of confidential nature received from THE INSTITUTE in whatever form as strictly confidential and shall not disclose it to third parties without the prior written consent of THE INSTITUTE during the term of this Agreement. The Franchisee agrees not to disclose revenue information to any third party without the prior written consent of THE INSTITUTE.

  15. In the event the Franchise Agreement naturally expires, or is terminated or the Franchisee wants to separate from THE INSTITUTE within the tenure of the Agreement, the Franchisee hereby agrees to the following:
    • Immediately cease using THE INSTITUTE’s copyrights, trademarks, trade names, service name, logos and other proprietary marks and materials for any business or activity
    • Remove any signs or advertisements which identify THE INSTITUTE
    • Transfer full access of all social media handles and digital accounts used during the tenure of the Agreement to THE INSTITUTE
    • All the physical properties relating to the Intellectual Property to be handed over within a period of 03 days from the date of termination.
    • Upon termination, separation or the expiration of this Agreement, the Franchisee shall not be permitted to act in a similar manner or role for any entity or individual who is in direct Competition with the INSTITUTE, for a period of One year from the date of termination, separation or expiration of this Agreement, whichever is later.

  16. The Franchisee must kick start the operations of the center and make it active within the first 2 months of the tenure mentioned in the Agreement. The Agreement will automatically get terminated if the center fails to start its operations within this time frame. Once the center starts its operations, the Franchisee must keep the operational status of their center as active during the entire tenure of the Agreement. The Agreement will automatically get terminated if the center becomes operationally inactive at any point during the tenure of the Agreement. The center will be automatically deemed inactive if there are no admissions for a consecutive 2 months at any point during the tenure of this Agreement. In such cases of termination of Agreement, THE INSTITUTE has the right to appoint another Franchise in the same vicinity/territory.

  17. The entire cost of running the centre for teaching, including acquisition of space, infrastructure, furniture & fixtures, facility costs, engaging of personnel, marketing and other spend towards student enrolment, local advertising and promotion by the Franchisee, and all other expenditure shall be borne and paid by the Franchisee only and the Franchisee shall not be entitled to require THE INSTITUTE to share any part or portion of such expenditure or reimburse any part thereof.

  18. The Franchisee shall keep the operational status of their center as active during the entire tenure of the Agreement. At any point during the tenure of this Agreement, if the center is found to be operationally inactive or shut for consecutive 2 months, THE INSTITUTE reserves the right to issue notice to the Franchisee and terminate this Agreement and entitled to appoint another Franchise in the same vicinity/territory. The center will be automatically deemed inactive if there are no admissions for a consecutive 3 months at any point during the tenure of this Agreement. 

  19. Liquidated Damages: The Franchisee shall abide by all the terms referred on this website and the Franchise Agreement and other terms that are agreed through emails and website notifications issued time to time. If any of the terms is violated, a sum of INR 10 Lakhs shall be paid by the Franchisee to THE INSTITUTE as liquidated damages.

  20. Non-Compete: During the tenure of the Franchise Agreement, the Franchisee shall not be permitted to work or act in a similar manner or role for any entity or individual who is in direct Competition with THE INSTITUTE, for a period of One year from the date of termination, separation or expiration of this Agreement, whichever is later.

  21. Jurisdiction: The Franchisee shall expressly agree that the court in Mumbai in the state of Maharashtra (INDIA) and none other courts shall have jurisdiction to try any matter arising between THE INSTITUTE and the Franchisee. All differences and disputes which may arise between THE INSTITUTE and the Franchisee shall be referred to a sole arbitrator for adjudication to be appointed by THE INSTITUTE only. The provisions of the Indian Arbitrator and Conciliation Act, 1996 shall apply.

  22. Royalty Fee on the maximum allowable course fees (as communicated on official email from time to time) will be due on all student enrolments as per the program selection. The Royalty Fee due to THE INSTITUTE is 20% on Certification programs, 30% on Diploma programs and 40% on Master Diploma programs. Please note that any discount borne by the Franchisee will bear no impact on the Royalty Fee due to THE INSTITUTE.

  23. The Franchisee agrees to abide by the following Go Live Checklist for the entire duration of the Franchise Agreement and association with THE INSTITUTE. 

    GO LIVE CHECKLIST (PER CAMPUS)

    MANDATORY REQUIREMENTS FOR CAMPUS TO FULFIL BEFORE GOING LIVE AND DURING ANY POINT OF OPERATIONS
    • Full time staff of 5 members (5 FTEs):
      1. 2 Academic Counsellors
      2. 1 Senior Academic Counsellor
      3. 1 Digital Marketing Executive
      4. 1 HR Executive

      Please note that the above staff must be approved by Corporate Office (for capability and skill-set so as to meet the BIA standards) and must have cleared the mandatory trainings conducted by the Corporate Office. 

    • 2 dedicated cabins at approved co-working space OR independent unit (approved) of minimum 750 Sq Ft carpet area at an approved commercial building. 
    • Promoters and staff members must have completed all mandatory trainings.
    • Minimum budget of 1.8 Lakh per month (for 2 courses) has been allotted to digital ad campaigns as per the Digital Marketing SOP. 
    • All staff are well-versed with BIA SOPs and follow the mentioned procedures & protocol for every activity. 

    Absence of ANY of the above condition would be grounds for declaring the Campus as  NOT MEETING THE CRITERIA FOR GOING LIVE / CONTINUING OPERATIONS” that would entail suspension of:

    • Support from Corporate Office
    • Listing of the campus location on the BIA website
    • BIA email access
    • BIA ONE Drive
    • BIA Dashboard access

  24. Failure to pay the Pending Franchise License Fees as per the due date mentioned in the invoice will put the campus UNDER SUSPENSION. The pending payment must be cleared within stipulated time to resume campus operations. Please note that no requests or communication will be entertained by the BIA Corporate Office while the franchise is in PAYMENT DEFAULT status. 

  25. Failure to pay Pending Franchise License Fees within 3 days of due date will result in CANCELLATION of the allotted territory. Please note that Territory Cancellation is an irreversible event which will require the Franchisee to choose another available territory post clearance from the BIA Corporate Office. 

  26. The Franchisee will be regarded as an Authorized Franchisee only if the entire License Fee has been paid by the Franchisee within the stipulated period. Failure to pay the License Fee along with penal interest within 3 months of due date will result in IMMEDIATE TERMINATION of the Franchise Agreement. Please note that FRANCHISE AGREEMENT TERMINATION is an irreversible event which will terminate the relationship between the franchisee and THE INSTITUTE. 

  27. During the course of this SUSPENSION OR CANCELLATION OR TERMINATION, the Franchisee will be required to: 
    • immediately cease using THE INSTITUTE’s copyrights, trademarks, trade names, service name, logos and other proprietary marks and materials for any business or activity in the said territory 
    • remove any signs or advertisements which identify THE INSTITUTE in the said territory 
    • transfer full access of all social media handles and digital accounts used during the tenure of the Agreement to THE INSTITUTE with respect to the said territory.  

    During the course of your suspension or cancellation or termination, if you are found running business operations under the brand name of Boston Institute of Analytics, or make use of any material proprietary to BIA, your actions will trigger liquidated damages and you will be liable to face legal action including payment towards damages.  

  28. Non-Interference Clause: The Franchisee agrees not to engage in direct communication or correspondence, whether in writing, orally, or through any other means, with other Franchisees or Channel Partners of THE INSTITUTE regarding matters related to student admissions, payment, revenue, expenses, profits, operations, or any other business dealings. The Franchisee shall refrain from entering into any joint ventures, collaborations, or partnerships with other Channel Partners or Franchisees of THE INSTITUTE for the purposes of conducting business or soliciting students. Communication with members outside of THE INSTITUTE Corporate Office staff is strictly prohibited and will result in breach of confidentiality as well as immediate termination of the Franchise Agreement. 

  29. The Franchisee acknowledges that he/she has thoroughly reviewed, read, and comprehended all the terms and conditions of doing business as detailed in the Agreement. The Franchisee further acknowledges that he/she fully understands the implications and consequences of the terms and conditions set forth in the Agreement.

  30. The Franchisee understands and agrees that, for any reason, if the business venture or the relationship with THE INSTITUTE does not yield the desired outcomes or results, the Franchisee shall be solely responsible for such outcomes or results. The Franchisee acknowledges and accepts that any successes or failures arising from the execution of the Agreement shall rest entirely on his/her decisions, actions, and undertakings.

  31. The Franchisee agrees not to hold THE INSTITUTE, its officers, directors, employees, or affiliates liable for any losses, damages, liabilities, or expenses incurred by the Franchisee in connection with the execution of the Franchise Agreement. The Franchisee hereby waives any claims, demands, actions, or causes of action against THE INSTITUTE, and releases THE INSTITUTE from any and all liability arising out of or in connection with the business relationship established by the Franchise Agreement.

  32. The Franchisee acknowledges and agrees that all expenses incurred in connection with the business venture, including but not limited to marketing, advertising, promotions, operational costs, and any other business-related expenses, shall be solely borne by the Franchisee.

  33. The Franchisee understands that THE INSTITUTE shall not be responsible for any financial obligations arising from the Franchisee's business expenses, and THE INSTITUTE shall not contribute or share any portion of the said expenses.

  34. The Franchisee further agrees that any financial losses or debts arising from the business venture shall be the sole responsibility of the Franchisee, and THE INSTITUTE shall have no liability or obligation to cover or reimburse such losses.

  35. Any disputes arising out of or in connection with the Franchise Agreement shall be resolved through arbitration in accordance with the rules and procedures of the designated arbitration authority in the jurisdiction of THE INSTITUTE.