Escrow and Transaction Service Agreement
1. Parties and scope
This Escrow and Transaction Service Agreement (“Agreement”) is entered into between EscrowSign (“Platform”) and each user (“User”) who creates or participates in a transaction on the Platform. It supplements the Terms of Service and governs the transaction coordination services provided by the Platform.
EscrowSign is a transaction coordination technology platform. It does not hold funds, provide escrow custody, banking, payment services, legal services, or title services. Those services are provided by independent licensed partners identified within each transaction.
2. Transaction coordination services
The Platform provides the following transaction coordination services:
- A structured workflow for agreeing, documenting, and recording transaction terms
- Identity and risk verification coordination (conducted by licensed third-party providers)
- Milestone tracking and automated status updates
- Secure document storage and delivery confirmation tracking
- Structured dispute workflow and evidence management
- Immutable audit trail and agreement version control
- Communication between parties through the Platform messaging system
3. Role of licensed partners
Regulated payment, escrow custody, banking, identity verification, and other licensed services are provided by independent partners. Each partner operates under its own licences, regulatory obligations, terms, and conditions. Users must also accept the applicable partner terms before those services are activated.
The Platform is not responsible for the acts, omissions, or regulatory decisions of licensed partners. The identity of the relevant licensed partner will be disclosed within the authenticated transaction workspace before funds are committed.
4. Transaction terms and binding agreement
Transaction terms are created through the Platform wizard and must be accepted by all parties before the transaction proceeds. Each accepted version is hashed, timestamped, and recorded with the accepting party’s device and IP address. The accepted terms form a binding agreement between Buyer and Seller, not with the Platform.
Material amendments require fresh acceptance by all parties. The Platform records each version. No term may be edited silently after acceptance.
5. Funding obligations
The Buyer must fund the transaction by following the instructions displayed within the authenticated Platform workspace only. Funding instructions will never be sent by email, SMS, phone, or any channel outside the Platform.
Cleared funds must be confirmed by the licensed payment or escrow partner before the Seller is authorised to transfer the asset. The Platform has no control over the timing or confirmation of payment processing by the partner.
6. Asset transfer and delivery
The Seller must transfer the asset in the manner agreed in the transaction terms. Delivery must be evidenced through the Platform’s document and confirmation system. The Seller warrants that the asset is as described, free of undisclosed encumbrances, and that the Seller has the right to transfer it.
7. Inspection period
The Buyer has the agreed inspection period to verify the asset following delivery confirmation. If no dispute is raised before the inspection period expires, acceptance may be recorded and release conditions deemed met (subject to all other release conditions).
Mandatory consumer rights are not affected by inspection-period acceptance where applicable law provides otherwise.
8. Release conditions
Funds are released to the Seller only when all of the following conditions are satisfied:
- Both parties have passed applicable verification requirements
- Cleared funds have been confirmed by the licensed partner
- All required documents have been uploaded and verified
- Asset transfer condition has been met and confirmed
- Inspection period has expired or the Buyer has explicitly accepted
- No active dispute, compliance hold, court order, or sanctions alert
- All milestones (if applicable) have been confirmed as complete
Release is executed by the licensed escrow or payment partner, not by the Platform itself.
9. Compliance holds
The Platform or its licensed partners may place a hold on a transaction, account, or funds at any time where required by law, regulatory obligation, sanctions screening result, fraud suspicion, or court order. We may not be able to disclose the reason for a hold.
10. Platform neutrality in disputes
The Platform administers the contractual dispute workflow and preserves evidence. The Platform does not make legally binding determinations on factual disputes between parties. Where a dispute requires a legal, professional, or regulatory determination, it must be referred to the appropriate authority, arbitrator, or licensed provider.
11. Fees
Applicable fees are disclosed before the transaction is agreed. Platform fees are non-refundable except as specified in the Refund, Cancellation, and Chargeback Policy. Licensed partner fees are governed by the relevant partner’s terms.
12. Representations and warranties
Each party represents and warrants that:
- They have legal capacity and authority to enter into this Agreement
- They are not subject to applicable sanctions or export controls
- All information and documents provided are accurate, genuine, and complete
- The transaction is not for a prohibited purpose under the Prohibited Use Policy
- They will not engage in any fraudulent, deceptive, or coercive conduct
13. Limitation of Platform liability
[PLACEHOLDER — TO BE COMPLETED BY LEGAL COUNSEL. Must not remove mandatory consumer rights.]
14. Governing law
[PLACEHOLDER — Governing law and dispute resolution to be determined by legal counsel based on entity jurisdiction.]