Terms and Conditions

This Platform is operated by Escrow Africa, a company incorporated under the laws of the Republic of Ghana with company number (CS141320625) and having its registered office at 36 Golden glade street, Tse Addo, Accra, Ghana.

These Terms and Conditions, together with any documents they expressly incorporate by reference (collectively the “Terms”) govern your access to and use of the services provided by Escrow Africa (“Escrow Africa”) through its website at myescrow.africa and/or mobile application (together, the “Platform”).

In these Terms, unless the context otherwise requires, the following terms shall have the following meanings:

By accessing or using the Platform and Escrow Africa’s services, you confirm that you accept the Terms herein, either for yourself or on behalf of any individual or entity you represent, and you agree to comply with them. If you do not agree to these Terms, you must not use the Platform.

Your use of the Platform is governed by the version of the Terms in effect on the date you access it. Escrow Africa may modify the Terms at any time and without prior notice to you. You may review the most current version of the Terms by visiting the Platform and clicking on the Terms of Service link.

In addition to these Terms, the following documents also apply to your use of the Platform and our services: Privacy Policy, Anti-Money Laundering Policy, Data Protection Policy.

Escrow Africa provides an online escrow platform that enables Users to initiate and complete Transactions. The Platform allows Escrowed Funds to be held and released in accordance with uploaded Agreements and agreed-upon milestones or dispute resolution outcomes.

Our role is strictly limited to facilitating the holding and releasing of Escrowed Funds based on the uploaded Agreements and corresponding milestones or dispute resolution outcomes provided by the relevant Transacting Users.

We do not verify, enforce, or become a party to any underlying agreement between Transacting Users, and we accept no responsibility for its legality, accuracy, or performance.

Escrowed Funds are held in a dedicated account with a licensed entity. Escrow Africa does not receive or hold Transacting User funds directly and does not operate as a financial institution. Accordingly, Escrow Africa is not a deposit-taking institution as defined under the Banking and Specialised Deposit-Taking Institutions Act, 2016 (Act 930), nor is it a licensed payment service provider as defined under the Payment Systems and Services Act, 2019 (Act 987).

All Transacting Users are required to upload a signed Agreement that outlines the terms of their transaction, including payment milestones and any agreed dispute resolution process.

Each Transacting User must confirm via the Platform that the uploaded Agreement accurately reflects the version they signed (or that was signed on their behalf). Escrow Africa shall not activate the Transaction unless all Transacting Users have provided this confirmation.

Escrow Africa shall rely on the uploaded Agreement solely to identify milestone triggers and operational instructions for releasing Escrowed Funds. Transacting Users shall be solely responsible for the accuracy, completeness, and legal enforceability of the uploaded Agreement. Escrow Africa shall not redraft, review, verify or interpret any Agreement uploaded to the Platform.

In the event of any inconsistency, ambiguity or dispute regarding the provisions of the uploaded Agreement, Escrow Africa shall not be responsible for resolving it. The Transacting Users shall resolve the issue between themselves. Escrow Africa may suspend or delay any release of Escrowed Funds until it receives instructions pursuant to clause 5.

Escrow Africa shall release Escrowed Funds held only when one of the following occurs:

All disbursements of Escrowed Funds are final and irrevocable. Escrow Africa shall not be held liable for any claims, losses or disputes relating to Escrowed Funds disbursed in accordance with clause 5.1.

Escrow Africa shall charge a Service Fee, which it shall deduct at the time of each disbursement.

The Service Fees are non-refundable once a disbursement is made and the Service Fees have been deducted accordingly.

If a Transaction is cancelled before completion, Escrow Africa will facilitate the refund of undisbursed Escrowed Funds only after verifying that the cancellation complies with these Terms and the refund provisions in the Agreement and the Escrow Services Agreement.

Any refund shall exclude applicable administrative and/or processing fees.

Escrow Africa’s role in each Transaction is strictly limited to holding the Escrowed Funds in accordance with these terms and the Agreements, and to releasing such funds in accordance with clause 5.

In the event of a dispute between Transacting Users of a Transaction, the Transacting Users shall adhere to the dispute resolution clause set out in the Agreement.

Transacting Users acknowledge and agree as follows: Escrow Africa is not party and shall not be made a party to the underlying Agreement between the Transacting Users; Escrow Africa shall not be responsible for the validity, legality, interpretation, enforceability or non-performance of such Agreement; Transacting Users shall not include any provision in the Agreement or related documentation that states, suggests, or implies that Escrow Africa shall assist in resolving any dispute between the Transacting Parties, or that it shall act as a mediator, arbitrator, or adjudicator in any dispute resolution process; Escrow Africa may suspend or delay any release of funds until it receives instructions pursuant to clause 5.

By using the Platform, each Transacting User agrees to indemnify, defend, and hold harmless Escrow Africa, its affiliates, directors, officers, employees, and agents from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs and expenses (including legal fees and expenses on an indemnity basis) arising directly or indirectly out of or in connection with: any dispute or claim between Transacting Users relating to an Agreement, a Transaction, or the performance of their respective obligations; any Agreement, instruction, confirmation or document that is fraudulent, forged, invalid or submitted in bad faith; any release, withholding or disbursements of Escrowed Funds made by Escrow Africa in accordance with these Terms, an Agreement, or any written instructions or resolution received from the Transacting Users, a court, or an arbitrator; or any breach by a Transacting user of these Terms, the Agreement, or any applicable laws or regulations.

This clause is continuing and survives the termination of the Agreement and completion of any Transaction.

Escrow Africa shall not be liable to you, any User, Transacting User or any third party for any indirect, consequential, incidental, special or punitive damages. This includes, without limitation, loss of profits, revenue, goodwill or business opportunities arising out of or in connection with your use of the Platform or any Transaction. Such exclusion applies whether the claim is based on contract, tort or otherwise.

Escrow Africa’s total aggregate liability under or in connection with any Transaction (whether in contract, tort (including negligence), breach of statutory duty, indemnity) shall be limited to fifty percent (50%) of the Service Fees actually paid to Escrow Africa for that Transaction.

Escrow Africa shall process Users’ personal information in accordance with the Data Protection Act, 2012 (Act 843).

Escrow Africa shall only use the personal information the Users provide in order to deliver the escrow services and process the relevant payments in line with the escrow services.

Escrow Africa shall not share Users’ personal information with third parties, except as required by law or to perform the escrow services in accordance with the Terms.

Escrow Africa complies with all applicable laws and regulations of the Republic of Ghana regarding Know Your Customer (“KYC”) and Anti-Money Laundering/Combating the Financing of Terrorism (“AML/CFT”) and related regulatory requirements.

Users shall provide all identification, verification and other documentation requested by Escrow Africa to satisfy its obligation under applicable KYC and AML/CFT laws and regulations.

Escrow Africa reserves the right, in its sole discretion, to: request, review and retain verification documents from Users at any time; refuse, suspend, or delay the provision of the escrow services until satisfactory compliance has been achieved; and freeze, restrict or terminate any account, Transaction, or access to the Platform where Escrow Africa suspects, or has reason to believe, that a User is engaged in illegal, fraudulent or suspicious activity, or is otherwise in breach of applicable laws or these Terms.

Users acknowledge and agree that Escrow Africa may report any suspicious or unlawful activity to the relevant regulatory authority without prior notice to the User.

Users shall not, whether directly or indirectly: use the Platform for any unlawful, fraudulent or unauthorised transaction; impersonate any individual or entity, or misrepresent their affiliation with any individual or entity; misuse, alter, copy, decompile, or reverse-engineer any part of the Platform; or upload, transmit or otherwise make available content that is harmful or misleading or otherwise in violation of applicable laws.

Escrow Africa reserves the right, in its sole discretion and without prior notice, to suspend or terminate any User’s account, and/or restrict access to the Platform, where it determines that a User has violated these Terms.

Escrow Africa shall not be liable for any failure or delay in performing its obligations under these Terms if and to the extent that such failure or delay is caused by: natural disasters including fire, flood, earthquake, storm or other elements of nature or acts of God; pandemics, epidemics, riots, civil disorders, rebellions or revolutions in any country; interruption, breakdown or failure of electricity, telecommunications, internet connectivity, hosting or third-party service providers, or denial-of-service attacks; or any other cause beyond the reasonable control of such a Party (each, a “Force Majeure Event”).

If Escrow Africa is affected by a Force Majeure Event it shall take reasonable steps to mitigate the effects of the Force Majeure Event and to resume normal operations as soon as practicable. Escrow Africa shall also promptly notify Users where possible of any material service disruption resulting from such an event.

Where Escrow Africa’s performance of the escrow services is prevented or delayed due to a Force Majeure Event, it shall be entitled to a reasonable extension of the time for performance. If the period of delay or non-performance continues for thirty (30) days or more, Escrow Africa may suspend or terminate access to, or the provision of the escrow services or platform by giving seven (7) days' written notice to the affected Users.