Arbitration Policy

WORKKE DISPUTE RESOLUTION POLICY

Effective Date: July 16, 2025

Last Updated: August 10, 2026

1. Purpose

WorkKE ("WorkKE", "we", "our", or "us") is committed to maintaining a fair, transparent, and trusted marketplace.

Most transactions are completed successfully. However, disagreements may occasionally arise between Clients, buyers, Vendors, freelancers, merchants, Digital Store operators, or other Users.

This Dispute Resolution Policy ("Policy") explains how eligible disputes are reported, reviewed, and resolved through the WorkKE Platform.

This Policy should be read together with the WorkKE:

• Terms of Service;
• Vendor Agreement;
• Wallet & Payments Policy;
• Privacy Policy;
• Acceptable Use Policy; and
• other applicable Platform policies.

Nothing in this Policy removes or limits rights that cannot lawfully be excluded under applicable law.

2. Scope

This Policy applies to eligible transactions conducted through WorkKE.

These may include disputes relating to:

• freelance projects;
• milestone-based projects;
• digital services;
• cybercafé services;
• consulting services;
• Digital Store purchases;
• digital products;
• eBooks and guides;
• downloadable products;
• marketplace orders;
• product delivery;
• digital product access or downloads;
• project deliverables;
• payment releases;
• escrow or secured payments;
• order cancellations;
• refunds;
• duplicate or incorrect charges;
• transaction-related intellectual property complaints;
• marketplace payments; and
• policy violations directly connected with a transaction.

This Policy may also apply to other transactions where WorkKE expressly provides dispute-resolution support.

3. Transactions Not Covered

WorkKE's dispute-resolution protections generally apply only to transactions properly initiated and conducted through authorized WorkKE processes.

WorkKE may be unable to provide marketplace dispute protection for:

• payments made directly outside WorkKE;
• transactions moved outside WorkKE;
• agreements entered into independently after circumventing WorkKE;
• services or products not documented through WorkKE;
• private arrangements unrelated to a WorkKE transaction; or
• transactions involving prohibited products or unlawful activity.

Where Users move a transaction outside WorkKE, relevant WorkKE escrow, payment, transaction-record, and dispute protections may no longer apply.

Nothing in this section prevents a User from exercising legal rights available outside the Platform.

4. Resolving Issues Directly

Before opening a formal dispute, Users should make reasonable efforts to resolve the issue directly through WorkKE's messaging system where it is safe and appropriate to do so.

Users are encouraged to:

• clearly describe the issue;
• identify the expected resolution;
• respond within a reasonable period;
• provide requested information;
• remain professional; and
• allow reasonable opportunities for correction where appropriate.

For example, a Vendor may be given an opportunity to correct a defective file, complete an agreed revision, or clarify a misunderstanding before escalation.

Users are not required to continue direct engagement where there is suspected fraud, abuse, harassment, security risk, or other serious misconduct.

5. Opening a Formal Dispute

Where an issue cannot reasonably be resolved directly, either party may submit a dispute through an available WorkKE dispute function or contact WorkKE at:

Email: contact@workke.co.ke

A dispute should include, where applicable:

• order, job, or transaction reference;
• names of the parties involved;
• clear description of the issue;
• relevant timeline;
• amount in dispute;
• preferred resolution; and
• relevant supporting evidence.

Supporting evidence may include:

• WorkKE messages;
• screenshots;
• files;
• invoices;
• receipts;
• delivery records;
• project requirements;
• milestone records;
• product descriptions;
• downloaded files;
• relevant licences;
• transaction records; or
• other appropriate documentation.

WorkKE may request further information before or during its review.

6. Time Limits for Raising Disputes

Users should raise disputes as soon as reasonably possible after identifying an issue.

WorkKE may establish specific dispute or review periods for particular transaction types.

Applicable periods may differ for:

• freelance projects;
• milestones;
• service orders;
• Digital Store purchases;
• downloadable products;
• payment transactions; and
• other marketplace services.

Where a transaction's applicable review period expires without a dispute, WorkKE may release applicable funds to the Vendor.

However, expiry of an internal WorkKE dispute period does not remove statutory rights that cannot lawfully be excluded.

WorkKE may consider a late dispute where appropriate, including suspected fraud, unauthorized transactions, security incidents, intellectual property infringement, or other exceptional circumstances.

7. Dispute Review Process

After receiving an eligible dispute, WorkKE may:

1. acknowledge the dispute;
2. identify the relevant transaction;
3. secure or temporarily hold applicable funds where permitted;
4. review Platform records;
5. review communications;
6. examine supporting evidence;
7. request further information;
8. provide the other party an opportunity to respond;
9. review transaction or delivery records;
10. consult applicable payment providers;
11. facilitate resolution between the parties where appropriate; and
12. determine an appropriate marketplace outcome.

WorkKE aims to resolve standard disputes within 14 business days after sufficient information has been received.

Complex cases may require additional time.

Factors that may increase review time include:

• fraud investigations;
• chargebacks;
• intellectual property claims;
• payment-provider investigations;
• incomplete evidence;
• security incidents;
• third-party dependencies; and
• legally complex matters.

Where appropriate, WorkKE may inform the parties that additional time is required.

8. Evidence WorkKE May Consider

WorkKE may consider any reasonably relevant evidence, including:

• Platform messages;
• job descriptions;
• proposals;
• order information;
• Store listings;
• product descriptions;
• uploaded files;
• delivered files;
• project requirements;
• milestone completion;
• submission records;
• revisions;
• payment records;
• wallet activity;
• delivery records;
• access records;
• digital download records;
• timestamps;
• account activity;
• moderation records;
• relevant Contact Guard records;
• ratings or review information;
• previous dispute history;
• intellectual property documentation;
• screenshots;
• receipts;
• invoices; and
• other relevant information.

Platform-generated records may be considered when determining whether an action, delivery, access, download, payment, or communication occurred.

Evidence originating outside WorkKE may be considered where WorkKE reasonably determines that it is relevant and sufficiently reliable.

9. Digital Product Disputes

Digital products require different dispute considerations from ordinary freelance services.

For Digital Store transactions, WorkKE may consider:

• whether the product was made available;
• whether it was accessed or downloaded;
• whether the product matches its listing;
• whether the advertised file format was provided;
• whether the file is usable;
• whether material technical requirements were disclosed;
• whether applicable licence terms were disclosed;
• whether the product contains prohibited or malicious content;
• whether the Vendor had authority to sell the product; and
• whether the transaction was duplicated or incorrectly charged.

A digital product purchase may not qualify for a refund solely because the buyer changes their mind after delivery, access, or download, except where required by applicable law.

A refund, replacement, or other remedy may be appropriate where, for example:

• the product was not delivered;
• the file is materially corrupted;
• the product is materially different from its description;
• the Vendor materially misrepresented the product;
• malicious software is identified;
• the Vendor lacked legal authority to sell the product;
• the buyer was charged incorrectly; or
• applicable law requires another remedy.

Kenya's Consumer Protection Act establishes protections against unfair practices in consumer transactions, so WorkKE's internal refund rules should remain subject to applicable mandatory consumer protections.

10. Freelance and Service Disputes

When reviewing a freelance or service dispute, WorkKE may consider:

• agreed scope;
• job description;
• Vendor proposal;
• project milestones;
• deadlines;
• instructions;
• submitted work;
• revisions;
• communications between the parties;
• evidence of acceptance or rejection;
• partial completion; and
• payment status.

WorkKE may consider whether:

• the Vendor substantially delivered the agreed work;
• the Client materially changed the requirements;
• required information was provided;
• revisions fell within the agreed scope;
• either party prevented completion;
• applicable milestones were achieved; or
• the transaction should be partially compensated.

11. Marketplace Outcomes

After reviewing available evidence, WorkKE may determine an appropriate Platform outcome.

Depending on the circumstances, WorkKE may:

• release full payment to the Vendor;
• release partial payment;
• issue a partial refund;
• issue a full refund;
• cancel the transaction;
• require or permit reasonable corrective action;
• allow redelivery;
• allow replacement of a defective digital product;
• extend an applicable completion period;
• temporarily maintain a payment hold;
• close the dispute without financial adjustment;
• issue a policy warning;
• apply an account restriction;
• refer suspected policy violations for further review; or
• take another reasonable marketplace action permitted under WorkKE policies.

WorkKE will consider the available evidence and circumstances of the transaction.

A marketplace decision determines how WorkKE administers the relevant transaction and Platform features. It does not determine rights that may separately exist under applicable law.

12. Partial Completion and Partial Refunds

WorkKE is not required to treat every dispute as an all-or-nothing decision.

Where appropriate, WorkKE may consider the reasonable value of work completed.

For example, if a Vendor substantially completed part of an agreed project before a valid cancellation or dispute, WorkKE may determine that part of the secured payment should be released while the remainder is refunded.

Relevant factors may include:

• percentage of work completed;
• usability of delivered work;
• agreed milestones;
• scope changes;
• time and effort reasonably incurred;
• whether deliverables can be used independently; and
• conduct of both parties.

13. Revision Requests

For applicable service transactions, WorkKE may consider whether a reasonable revision can resolve the dispute.

A Vendor is not automatically required to perform:

• unlimited revisions;
• additional work outside the agreed scope;
• entirely new deliverables; or
• requirements introduced after the transaction was agreed,

unless those obligations were part of the original agreement.

WorkKE may decline to require revisions where the relationship has materially broken down or where fraud, abuse, or other serious circumstances are present.

14. Payments During a Dispute

When a transaction is subject to an active eligible dispute, WorkKE may temporarily delay or restrict release of associated funds where permitted under applicable policies and law.

Depending on the final outcome, WorkKE may:

• release all funds;
• release part of the funds;
• refund part of the funds;
• refund all applicable funds;
• maintain a temporary hold;
• process an authorized reversal; or
• take another payment action permitted under applicable rules.

Payment-related decisions may also be subject to third-party payment-provider requirements.

15. Escrow and Secured Payments

Where WorkKE provides escrow, milestone, or secured-payment functionality, funds associated with an active transaction may remain subject to applicable release conditions.

A Vendor's entitlement to funds generally depends on the relevant transaction conditions being satisfied.

WorkKE may temporarily prevent release while:

• a dispute is being reviewed;
• fraud is suspected;
• identity verification is required;
• a chargeback is pending;
• payment-provider review is underway; or
• another permitted transaction review is required.

Use of terms such as "escrow", "secured", or similar terminology does not mean WorkKE operates as a bank or deposit-taking institution.

16. Chargebacks and Payment Reversals

A chargeback initiated through a bank, card network, mobile-money provider, or payment provider may operate separately from WorkKE's internal dispute process.

Where a chargeback or reversal occurs, WorkKE may:

• temporarily restrict related payouts;
• request evidence from the parties;
• investigate the transaction;
• submit relevant evidence to the payment provider;
• adjust transaction status;
• recover applicable amounts from available or future Vendor payouts where legally permitted; or
• take appropriate measures where chargeback abuse is identified.

Users must cooperate reasonably with legitimate chargeback investigations.

A payment provider may ultimately determine a chargeback independently of WorkKE.

17. Fraudulent or Abusive Disputes

Users must use the dispute process honestly.

Users must not:

• submit knowingly false claims;
• alter or forge evidence;
• intentionally omit material information;
• submit fraudulent payment claims;
• falsely claim non-delivery after accessing a product;
• falsely claim completion of undelivered work;
• use disputes to obtain products or services without paying;
• repeatedly submit bad-faith claims;
• threaten another User to obtain an unjustified refund or payment;
• manipulate Platform records; or
• misuse chargebacks.

WorkKE may investigate suspected abuse.

Appropriate action may include:

• rejecting the claim;
• reversing an improper Platform benefit;
• warnings;
• payment restrictions;
• transaction review;
• account suspension; or
• account termination.

Serious suspected unlawful activity may be referred to relevant authorities where appropriate or required.

18. Contact Guard and Moderation Evidence

Where a dispute involves suspected off-platform communication, fee circumvention, direct payment solicitation, or other communication-policy violations, WorkKE may consider relevant moderation records.

These may include:

• original flagged Content;
• moderated Content;
• timestamps;
• sender information;
• relevant transaction context;
• detection classification;
• warnings;
• previous violations; and
• associated enforcement actions.

Moderation records will be processed in accordance with the WorkKE Privacy Policy and applicable data-protection requirements.

Automated detection alone does not prevent WorkKE from reviewing relevant context before relying on the information in a dispute decision.

Where qualifying decisions are based solely on automated processing and significantly affect a User, Kenya's Data Protection Act provides safeguards including notification and an opportunity to request reconsideration or a new decision not based solely on automated processing.

19. Intellectual Property Disputes

Where a dispute concerns ownership or authorization to sell a digital product or other Content, WorkKE may:

• temporarily restrict the listing;
• request evidence of ownership;
• request licence documentation;
• request information from the complainant;
• allow the Vendor an opportunity to respond;
• remove infringing Content;
• restore Content where a claim is not substantiated; or
• take appropriate account action.

Marketplace dispute procedures do not prevent copyright holders or other rights holders from pursuing remedies available under applicable law.

20. User Cooperation

Users involved in disputes must cooperate reasonably with WorkKE.

Users should:

• respond to requests within stated timelines;
• provide truthful information;
• preserve relevant evidence;
• avoid deleting relevant transaction communications where possible;
• maintain respectful communication; and
• avoid interfering with the review.

Failure to provide requested information may result in WorkKE determining the dispute using the information reasonably available.

21. Conflict of Interest and Fair Review

Where reasonably practicable, WorkKE will seek to administer disputes fairly and consistently.

Persons reviewing disputes should not knowingly participate in a decision where they have a material personal conflict of interest.

WorkKE may escalate unusual, high-value, sensitive, or complex disputes for additional internal review.

22. Review and Appeal of a WorkKE Decision

A User who reasonably believes a dispute decision resulted from:

• a clear factual error;
• important evidence that was not reasonably available during the original review;
• misidentification of the transaction;
• technical error; or
• incorrect automated moderation information

may request reconsideration.

A request for reconsideration should identify the specific issue with the original decision and provide relevant supporting information.

Reconsideration is not intended simply to repeat arguments already considered.

WorkKE may uphold, modify, or reverse its original marketplace decision.

23. Marketplace Role

WorkKE operates a technology marketplace that facilitates transactions between independent Users.

Unless expressly stated otherwise:

• WorkKE does not employ Vendors;
• WorkKE does not control how independent Vendors perform their services;
• WorkKE generally does not manufacture Vendor products;
• WorkKE generally is not a party to the underlying agreement between a Client and Vendor; and
• WorkKE does not guarantee the quality, legality, suitability, or outcome of Vendor products or services.

WorkKE's dispute role is generally limited to administering Platform policies, reviewing available evidence, managing applicable transaction functionality, and facilitating marketplace resolutions.

24. External Legal Remedies

Users should first use WorkKE's applicable internal dispute process where appropriate.

If a dispute cannot be resolved internally, either party may exercise any rights or remedies available under the laws of the Republic of Kenya.

Nothing in this Policy prevents a competent:

• court;
• tribunal;
• regulator;
• statutory body; or
• other legally authorized authority

from exercising jurisdiction where applicable.

This Policy does not create mandatory binding arbitration.

25. Consumer Rights

Nothing in this Policy excludes, restricts, or overrides rights that a consumer may have under applicable Kenyan law.

The Consumer Protection Act is expressly aimed at consumer protection and preventing unfair trade practices in consumer transactions.

Where there is an inconsistency between an internal WorkKE policy and a mandatory legal right that cannot lawfully be excluded, the applicable legal requirement will prevail.

26. Confidentiality and Privacy

WorkKE will process information submitted during a dispute in accordance with its Privacy Policy and applicable law.

Dispute information may be used for purposes including:

• investigating the dispute;
• administering the transaction;
• fraud prevention;
• marketplace security;
• appeals;
• legal compliance;
• establishment or defence of legal claims; and
• enforcement of WorkKE policies.

Information may be disclosed where reasonably necessary to:

• parties to the dispute;
• authorized WorkKE personnel;
• professional advisers;
• payment providers;
• service providers assisting with the dispute;
• regulators;
• courts;
• law enforcement; or
• other persons where disclosure is authorized or required by law.

Kenya's Data Protection Act regulates processing, storage, use, disclosure and other handling of personal data, so dispute records should also follow the retention and privacy controls established in your Privacy Policy.

27. Records and Retention

WorkKE may retain dispute information for as long as reasonably necessary for:

• resolving the dispute;
• processing appeals;
• fraud prevention;
• payment reconciliation;
• chargebacks;
• enforcement;
• legal compliance;
• audit;
• accounting;
• regulatory requirements; or
• establishment, exercise, or defence of legal claims.

Dispute information will be retained and disposed of in accordance with the WorkKE Privacy Policy and applicable retention requirements.

28. Limitation of Responsibility

WorkKE will make reasonable efforts to administer eligible marketplace disputes fairly.

However, WorkKE cannot guarantee that every party will agree with the outcome.

To the fullest extent permitted by applicable law, WorkKE will not be liable for indirect, incidental, special, or consequential losses resulting solely from a marketplace dispute or a decision reasonably made in good faith under this Policy.

Nothing in this section limits liability that cannot lawfully be excluded.

29. Changes to This Policy

WorkKE may update this Policy to reflect changes in:

• applicable law;
• Platform functionality;
• Digital Store operations;
• payment systems;
• marketplace rules;
• dispute-handling procedures;
• security systems; or
• business operations.

The Last Updated date will identify the latest revision.

Where appropriate or required, material changes may be communicated through the Platform, email, account notifications, or another reasonable method.

30. Contact Us

For dispute-resolution enquiries:

WorkKE

Email: contact@workke.co.ke

Phone: +254 706 188 133

Postal Address: P.O. Box 1196-40200, Kenya

Website: www.workke.co.ke