Escrow Agreement
Standard Agreement Version 2.1 - 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.