Legal

Terms of Service

Effective date: 12 May 2026

These Terms of Service (“Terms”) form a legally binding agreement between you and PayGuard governing your use of the PayGuard escrow platform. By creating an account or using any PayGuard service, you confirm that you have read, understood, and agreed to these Terms.

If you do not agree, you must not use PayGuard.

1. About PayGuard

PayGuard is an escrow-backed payments platform that holds buyer funds in trust until delivery is confirmed, protecting both buyers and sellers in online and offline transactions. PayGuard operates under the laws of the Republic of Ghana and complies with the Payment Systems and Services Act 2019 (Act 987) and the Electronic Transactions Act 2008 (Act 772).

PayGuard acts as a neutral intermediary. We are not a party to any deal created on the platform and do not hold a merchant licence to buy or sell goods on our own account.

2. Eligibility and Account Registration

To use PayGuard you must:

Be at least 18 years of age or the age of majority in your jurisdiction (whichever is higher)
Have the legal capacity to enter into a binding contract
Provide accurate, complete, and current registration information
Not have been previously suspended or banned from PayGuard

You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately at support@payguardgh.com if you suspect unauthorised access to your account.

Accounts are personal and non-transferable. You may not operate multiple accounts for the purpose of circumventing platform restrictions.

3. Seller Verification (KYC)

To receive payouts, sellers must complete identity verification in compliance with the Anti-Money Laundering Act 2020 (Act 1044). This requires:

A valid Ghana Card, passport, or other government-issued photo ID
A clear selfie photograph for identity matching
A registered bank account or mobile money wallet in your name
Business registration documents for business accounts (where applicable)

PayGuard reserves the right to suspend payout processing for accounts that fail KYC verification or where the documentation provided is found to be fraudulent. KYC decisions are made by PayGuard administrators and are final unless successfully appealed to legal@payguardgh.com.

4. The Escrow Service — How It Works

4.1 Deal creation

A deal is created when a buyer initiates a transaction. The buyer receives a payment link and a deal reference number. No funds are committed until the buyer completes payment.

4.2 Funding

When the buyer completes payment via Paystack, the deal moves to FUNDED status. Funds are held in PayGuard's escrow pool. The seller is notified and may begin fulfilment.

4.3 Delivery and confirmation

Once goods are dispatched, the seller marks the deal as delivered. The buyer has 48 hours from that moment to either confirm receipt or raise a dispute. If no action is taken within the window, funds are automatically released to the seller.

4.4 Release

On buyer confirmation (or auto-release), PayGuard initiates a bank transfer to the seller's registered payout account. Transfer times depend on the recipient's bank.

4.5 Service deals

For service-based transactions, sellers issue a payment code at /pay/[code]. The escrow process is identical, except the transit confirmation step is skipped — the seller marks completion directly.

4.6 Expiry

Deals that are not funded within the agreed payment window are automatically marked EXPIRED and all parties are notified. Expired deals cannot be revived; a new deal must be created.

5. Buyer Responsibilities

Verify the seller's identity and listing accuracy before initiating a deal.
Inspect goods promptly upon receipt and confirm or dispute within the 48-hour window.
Provide honest, accurate information when submitting dispute evidence.
Not attempt to initiate chargebacks through your bank or card issuer while a PayGuard dispute is active — doing so constitutes a breach of these Terms and may result in account suspension.
Not abuse the dispute system as a mechanism to obtain goods without payment.

6. Seller Responsibilities

List goods and services accurately. Descriptions, images, and prices must reflect the actual item.
Dispatch or deliver within the timeframe communicated to the buyer.
Upload dispatch evidence (tracking number, courier receipt, or photo proof) before marking delivery.
Maintain a registered bank account or mobile money wallet capable of receiving payouts.
Respond to buyer queries and dispute requests in good faith and within the required timeframes.
Ensure all goods sold comply with Ghanaian law and are not on the prohibited items list (see Section 9).

PayGuard may withhold payout release for deals flagged as high-risk pending review by our administration team. This is a fraud-prevention measure and does not imply wrongdoing.

7. Fees and Charges

PayGuard charges a platform fee on each completed deal. The exact fee is shown at checkout before payment and must be accepted by the buyer before payment is processed.

Paystack charges a separate payment processing fee. This fee is independent of PayGuard's platform fee and is governed by Paystack's own pricing.

PayGuard reserves the right to update its fee structure with 14 days' notice via email and a platform banner. Deals already in progress at the time of a fee change are not affected.

8. Disputes and Resolution

8.1 Raising a dispute

Buyers may raise a dispute within 48 hours of the seller marking delivery. After this window, funds are automatically released. Disputes must include a written description of the issue and any available evidence (photographs, messages, or tracking data).

8.2 Review process

PayGuard administrators review all submitted evidence from both parties. For high-value disputes (above GHS 5,000), a second administrator must independently approve the resolution before it takes effect. PayGuard aims to resolve all disputes within 5 business days of all evidence being submitted.

8.3 Outcomes

PayGuard may resolve disputes by releasing funds to the seller, refunding the buyer, or issuing a partial split. PayGuard's resolution is final and binding for disputes settled through the platform. Either party retains the right to pursue independent legal remedies, but PayGuard cannot be ordered to re-open a closed dispute.

8.4 Bad-faith disputes

Submitting false evidence, misrepresenting facts, or filing repeated frivolous disputes constitutes abuse of the dispute system and may result in account suspension and legal action.

9. Prohibited Uses and Restricted Items

The following are strictly prohibited on PayGuard:

Illegal goods or services of any kind under Ghanaian law
Firearms, ammunition, explosives, or weapons
Controlled substances, narcotics, or prescription drugs sold without authorisation
Stolen property or goods obtained through fraud
Adult content or services
Financial instruments intended for money laundering, terrorism financing, or sanctions evasion
Counterfeit goods, intellectual property infringement
Human trafficking or any form of exploitation
Transactions designed to circumvent regulatory obligations

We reserve the right to immediately terminate accounts engaged in prohibited activity and to report such activity to the Ghana Financial Intelligence Centre (FIC), the Ghana Police Service, and other relevant authorities.

10. Intellectual Property

All content on the PayGuard platform — including the brand name, logo, design, codebase, and copy — is owned by or licensed to PayGuard and protected by copyright and trademark law. You may not copy, reproduce, distribute, or create derivative works without express written consent.

You retain ownership of content you submit (product listings, reviews, dispute evidence). By submitting content, you grant PayGuard a non-exclusive, royalty-free licence to display and process it for the purposes of operating the platform.

11. Termination and Suspension

PayGuard may suspend or permanently terminate your account, with or without notice, if you:

Violate any provision of these Terms
Provide false or misleading information during registration or KYC
Engage in fraudulent, abusive, or criminal activity
Fail to respond to KYC or compliance requests within 14 days
Create chargebacks in bad faith while an escrow dispute is in progress

On termination, all active deals will be reviewed individually. Funds in escrow at termination will be returned to the buyer or released to the seller depending on the deal's status and any evidence on record. You may appeal a suspension by emailing legal@payguardgh.com.

12. Disclaimer and Limitation of Liability

PayGuard provides the escrow platform on an “as is” basis. We do not guarantee continuous, uninterrupted, or error-free operation.

To the maximum extent permitted by Ghanaian law, PayGuard's liability for any claim arising from use of the platform is limited to the value of the escrow amount in the deal giving rise to the claim.

PayGuard is not liable for:

The quality, legality, or fitness of goods and services listed on the platform
Losses arising from seller fraud that circumvents the escrow process
Delays in bank transfers caused by third-party financial institutions
Force majeure events including acts of God, government action, or infrastructure failures
Losses arising from account compromise due to the user's failure to secure their credentials

13. Indemnification

You agree to indemnify and hold PayGuard, its officers, directors, employees, and agents harmless from any claims, damages, losses, or expenses (including legal fees) arising from your use of the platform, your violation of these Terms, your violation of any third-party right, or any content you submit.

14. Anti-Money Laundering Obligations

PayGuard is committed to compliance with the Anti-Money Laundering Act 2020 (Act 1044) and the regulations of the Ghana Financial Intelligence Centre. We apply transaction monitoring, risk scoring, and KYC procedures to detect suspicious activity.

We are legally required to file Suspicious Transaction Reports (STRs) with the FIC and cannot notify you if an STR has been filed regarding your account. Accounts under AML investigation may have payouts frozen without prior notice.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Ghana. Any dispute arising out of or in connection with these Terms that cannot be resolved through PayGuard's internal process shall be submitted to the exclusive jurisdiction of the courts of Ghana.

Before initiating legal proceedings, both parties agree to attempt good-faith resolution by emailing legal@payguardgh.com and allowing 30 days for response.

16. Changes to These Terms

PayGuard may update these Terms to reflect changes in our services, platform, or legal obligations. We will provide at least 14 days' notice of material changes via email and a platform banner. Your continued use of PayGuard after the effective date of the revised Terms constitutes acceptance.

If you do not accept the revised Terms, you must close your account before the changes take effect. Open deals at the time of account closure will be handled per Section 11.

17. Contact

For questions about these Terms, contact us at legal@payguardgh.com. For general platform support, use support@payguardgh.com.

Postal address: PayGuard, Accra, Ghana.