Non-refundable deposit legally binding?

[Hinam]

Hi there, so a few months ago my company signed a contract with another company who would provide us with their services.As part of the contract they had a £1000 non-refundable set up fee. For the first few weeks they provided a decent service however this quickly devolved to the point where they provided none of the contracted services and very little communication from them. I just wanted to know if there is any way in which we can receive the £1000 deposit back? There is nothing in the contract to imply it is possible however if they are not providing any service, let alone the services that were stipulated in the contract, do we have any rights in relation to getting the deposit back.

[atticus]

Was it a set-up fee or a deposit?

The contract as a whole needs to be looked at to ascertain the extent of a possible breach of contract claim.