Godot is right, though, my attorney said that you should use the word "retainer" if you don't intend to give the money back under any circumstances. "Deposit" can be interpreted as something that's put down against the cost of a finished product, and if they cancel and don't get the finished product the customer can argue that they should get the deposit back. If you say "retainer" then it's implied that the fee is to secure your services as well, so it isn't necessarily refundable. But I'm sure that someone with a weasely attorney could argue it either way if they wanted to take it that far.
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