Escrow Agreement

Tafsiri kamili ya Kiswahili ya maandishi haya ya kisheria bado inaandaliwa na inasubiri ukaguzi wa kitaalamu. Toleo la Kiingereza hapa chini ndilo linalotumika kisheria kwa sasa.

Standard Agreement v2.1 — Effective January 15, 2026

Important Notice: This is the standard Escrow Agreement that governs all transactions conducted through SecureEscrow Kenya. By initiating an escrow transaction, all parties acknowledge and accept these terms.

1. Parties to Agreement

This Escrow Agreement is entered into by and between:

Buyer: The party depositing funds into escrow
Seller: The party providing goods or services
SecureEscrow Kenya Limited: The neutral third-party escrow agent

2. Transaction Terms

2.1 Description of Goods or Services

The Seller agrees to provide the goods or services as described in the transaction details, including specifications, quantity, quality, and any other material terms.

2.2 Purchase Price

The Buyer agrees to deposit the full purchase price plus applicable escrow fees into the designated escrow account.

2.3 Delivery Terms

The Seller shall deliver the goods or complete the services by the agreed deadline. For physical goods, the Seller shall provide valid tracking information upon shipment.

2.4 Inspection Period

The Buyer shall have forty-eight (48) hours from confirmed delivery to inspect the goods or verify service completion ("Inspection Period").

3. Escrow Agent Duties

SecureEscrow Kenya agrees to:

Hold all funds in a segregated trust account with a licensed Kenyan bank
Notify the Seller when funds are secured and ready for fulfillment
Notify the Buyer when delivery is confirmed or service completed
Release funds to the Seller upon Buyer approval or as otherwise provided herein
Maintain accurate records of all transactions
Provide neutral dispute resolution services if required

4. Buyer Obligations

The Buyer agrees to:

Deposit the full purchase price plus escrow fees before the Seller is obligated to perform
Inspect goods or verify services within the Inspection Period
Notify SecureEscrow of acceptance or rejection within the Inspection Period
Not unreasonably withhold acceptance of conforming goods or services
Provide accurate delivery information and contact details

5. Seller Obligations

The Seller agrees to:

Deliver goods or perform services exactly as described in the transaction details
Meet the agreed delivery deadline
Provide valid tracking information for shipped goods
Respond promptly to Buyer inquiries regarding the transaction
Accept return of goods if they do not conform to the description
Not request release of funds outside the SecureEscrow platform

6. Acceptance and Release

6.1 Buyer Acceptance

If the Buyer confirms acceptance during the Inspection Period, SecureEscrow shall release funds to the Seller within twenty-four (24) hours.

6.2 Automatic Release

If the Buyer fails to respond within the Inspection Period after confirmed delivery, funds may be automatically released to the Seller, provided tracking shows delivery was completed.

6.3 Buyer Rejection

If the Buyer rejects the goods or services, they must provide specific reasons. SecureEscrow shall freeze funds pending resolution.

7. Dispute Resolution

7.1 Negotiation Period

Upon dispute initiation, parties shall have five (5) business days to resolve the matter amicably.

7.2 Escrow Agent Determination

If parties cannot resolve the dispute, SecureEscrow shall review all evidence and make a binding determination regarding fund disbursement.

7.3 Evidence Considered

SecureEscrow may consider: tracking information, delivery confirmation, photographs, correspondence between parties, and the original transaction description.

8. Cancellation and Refunds

8.1 Before Shipment

Either party may cancel before the Seller ships goods or begins service. Escrow fees are non-refundable.

8.2 After Shipment

Cancellation after shipment is subject to the Seller's return policy and the dispute resolution process.

8.3 Seller Non-Performance

If the Seller fails to deliver by the deadline and cannot provide reasonable assurance of delivery, the Buyer may cancel and receive a full refund of the purchase price.

9. Fees

The escrow service fee is non-refundable once the transaction is initiated. In the event of cancellation, the fee structure published on our website shall apply.

10. Limitations of Escrow Agent Liability

SecureEscrow Kenya's liability is limited to the proper disbursement of funds according to this Agreement. We are not liable for:

The quality, safety, or legality of goods or services
The accuracy of descriptions provided by Sellers
Delivery delays caused by third-party carriers
Any consequential or incidental damages

11. Communications

All communications regarding the transaction shall be conducted through the SecureEscrow platform. Parties agree not to attempt to circumvent the escrow process.

12. Amendments

This Agreement may only be amended by mutual written consent of all parties, including SecureEscrow Kenya.

13. Governing Law

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

14. Entire Agreement

This Escrow Agreement, together with the transaction details and SecureEscrow's Terms of Service, constitutes the entire agreement between the parties regarding the escrow transaction.