Each time you use our website or any related products within VirtualStaff.ph, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you.

If you are entering into this agreement on Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such an entity to these Terms of Use, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms of Use, you may not use our website or Service. Please see our Privacy Statement, which is incorporated into these Terms of Use by reference

1. OUR SERVICE

1.1 Our website and Service provided to you through our website are provided on an AS IS basis. You agree that VirtualStaff exclusively reserves the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. VirtualStaff.ph shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information. VirtualStaff.ph also reserves the right to control the amount of sales to the service at its sole discretion.

1.2 Unless explicitly stated, any new features, including new content and Services, shall be subject to these Terms of Use.

1.3 If any Service modification is unacceptable to you, your only recourse is to delete your account. Your continued use of the Service following our posting of a change to the conditions or the website will constitute a binding acceptance of that change.

2. YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS

To use the Service, you must register on our site, agree to provide truthful information when requested, be at least the age of eighteen (18) or older, and follow the “payment and paying staff” conditions described below in Clause 5. When registering, you explicitly agree to our Terms of Use and may be modified by us from time to time and are available here.

3. PRIVACY POLICY

Registration data and other personally identifiable information that we may collect are subject to the terms of our Privacy Statement.

4. SERVICE ACCOUNT AND PASSWORD

4.1 The Service is supplied to you via a Service Account in consideration of you agreeing to follow the terms of use, rules, and requirements as outlined on this page, as well as the website itself.

4.2 The Service Account is accessed by an individual password that will be sent to you upon sign up and in accordance with these Terms of Use.

4.3 You are responsible for maintaining the confidentiality of your password and shall be responsible for all uses via your password, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use of your Service Account or password.

4.4 When using a public computer, you must sign out when you have finished using our website.

4.5 You may only open one Service Account, and you agree that the operation of your Service Account is exclusive to you. Furthermore, you agree that only you will receive the Services via your Service Account

4.6 By allowing others outside of your company to use your Service Account and/or password you will be in breach of these terms and conditions, and Virtualstaff will be entitled to terminate this Agreement in accordance with Clause 10.

5. PRICES AND PAYMENT

5.1 All prices or “salary rates” shown on our website are set individually by the job seeker or worker.

5.2 Prices are shown in US Dollars ($) on the website.

5.3 All payments to staff must be made on the VirtualStaff.ph platform. It is a breach of our terms of use to pay staff outside of the platform, and it will result in an immediate banning of your account.

5.4 Before you can message and hire staff. You must have a VirtualStaff.ph subscription. You may choose from the available plans.

5.5 We do not accept payment by mail or fax.

5.6 When paying staff, you may pay by credit or debit card. We accept Visa, MasterCard, American Express, and Discover.

5.7 We may refuse any order placed by you.

5.8 You confirm that all details provided by you to us for the purpose of using the service are correct. We reserve the right to obtain validation of your credit or debit card details before providing the Service to you.

5.9 We may refuse any order placed by you.

5.10 When you hire staff, it is your sole responsibility to “terminate staff” if you no longer want them to work for your business.

5.11 You may pay staff bonuses or reimbursements from within your VirtualStaff.ph employer dashboard. Regardless of whether it’s salary, bonus, or reimbursement, all payments must be made within VirtualStaff.

5.12 All subscriptions on VirtualStaff.ph are in USD.

5.13 All subscriptions on our website are auto renewal. The buyer acknowledges this, and is made aware of this upon purchase. It is the sole responsibility of the buyer to cancel their subscription if they no longer want to use the service.

6. WORKERS GETTING PAID

6.1 The exchange rate difference, banking fees, or any other similar charges that may be incurred when receiving payments is not the responsibility of VirtualStaff. Our website will not be liable to refund such payments

6.2 In instances where an employer refuses to pay the jobseeker or worker, Virtualstaff shall not be legally liable. Should the refusal of the employer to make payment be found to be with the intention of committing fraud, VirtualStaff shall immediately ban the said employer from the platform.

6.3 VirtualStaff shall not be held responsible if the employer’s payment method does not have sufficient funds to make payment to the worker. If the employer fails to make payment to the worker for the hours that the latter has worked legitimately, VirtualStaff will immediately ban the said employer.

6.4 It shall be the sole responsibility of the workers to ensure that they pass the identification and payment verification process in order to have their salary/payment released.

6.5 It shall be the sole responsibility of the workers to ensure that they have a bank account set up in order to be able to receive payments/salary from the platform.

6.6 VirtualStaff and its payment processor may at times request additional identification in order to comply with anti-money laundering and other such regulations and laws.

7. REFUNDS

7.1 Our employer subscriptions come with a 30 day money back guarantee. This means that within the first 30 days of purchasing a subscription, you may contact us at support@virtualstaff.ph to request a refund.

7.2 The 30 day refund is only available to the initial 30 days of the subscription. Failure to cancel the subscription during subsequent months of renewal, will not fall under the 30 day refund period.

7.3 You should never pay staff in advance. You expressly acknowledge that all payments to workers/staff/virtual assistants on our website are non-refundable.

7.4 To get help or advice in regards to an invoice, you may reach out to our live chat agents, go to our support center, or email us at support@virtualstaff.ph.

8. LICENSE GRANT & RESTRICTIONS

8.1 Upon satisfactory verification, Virtualstaff hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Terms of Use. All rights not expressly granted to you are reserved by Virtualstaff

8.2 You may not access the Service if you intend only to hire staff on a commission-only basis. All staff hired on VirtualStaff must be paid a salary of no less than $1.00 per hour.
In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

8.3 You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) create Internet 'links' to the Service or 'frame' or 'mirror' the Service on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features or graphics of the Service. If you are caught doing this, we will file a case for damages.

8.4 You are only permitted to use the Service personally and agree to do so without the use of any automated means, including but not limited to the use of robotic tools except where Virtualstaff has expressly granted permission.

8.5 You shall not: (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (iii) attempt to gain unauthorized access to the Service or its related systems or networks.

9. INTELLECTUAL PROPERTY OWNERSHIP

Virtual Staff LLC, alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, including unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world, in and to the Virtualstaff.ph technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) and Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Terms of Use is not a sale and does not convey to you any ownership rights in or related to the Service, Virtualstaff.ph technology, or the intellectual property rights owned by Virtualstaff.ph . The Virtualstaff.ph name, the Virtualstaff.ph logo, and the product names associated with the Service are trademarks of Virtual Staff LLC, Smartual Philippines Enterprises, Inc., or third parties, and no right or license is granted to use them.

10. THIRD-PARTY WEBSITES AND CONTENT

Goods and services of third-parties may be advertised and/or made available on or through this website. During the use of the website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of such third-parties. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. VirtualStaff does not endorse any sites on the Internet that are linked through the Service. VirtualStaff provides these links to you only as a matter of convenience, and in no event shall VirtualStaff be responsible for any content, products, or other materials on or available from such sites.
Goods and services of third parties may be advertised and/or made available on or through this website. During the use of the website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of such third parties. Any such activity and terms, conditions, warranties, or representations associated with such activity are solely between you and the applicable third party. We shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party. Virtualstaff does not endorse any sites on the Internet that are linked through the Service. Virtualstaff provides these links to you only as a matter of convenience. In no event shall Virtualstaff be responsible for any content, products, or other materials on or available from such sites.

11. TERMINATION

11.1 You may delete your account or terminate any additional Service you have purchased from us for any reason.

11.2 Any breach of your payment obligations or unauthorized use of the Service or Virtualstaff.ph will be deemed to be a material breach of this Terms of Use. Virtualstaff, in its sole discretion, may terminate your password, Service Account, or use of the Service if you breach or otherwise fail to comply with this Terms of Use.

11.3 We reserve the right to terminate this Agreement or discontinue the Service or any portion of any feature of it for any reason and at our sole discretion.

11.4 Upon termination, you must delete all output of the Service in your possession or control (including from your website and your servers).

11.5 Upon termination of this agreement, all rights and obligations of Virtualstaff and you under the agreement will be extinguished.

11.6 If you share access to Virtualstaff.ph through your own account with other parties, we reserve the right to seek civil damages and losses that result in that shared access. You, and only you, have the right to access Virtualstaff.ph through your own account.

12. INDEMNIFICATION

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or Service, your violation of these Terms of Use or any other violation of the rights of another person or party.

13. DISCLAIMER OF WARRANTIES

13.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES PROVIDED IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13.2 WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

14. INTERNET DELAYS

The Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Virtualstaff.ph is not responsible for any delays, delivery failures, or other damage resulting from such problems.

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR DAMAGES OF ANY TYPE OR KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

16. ADDITIONAL RIGHTS

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential, or certain types of damages, so the exclusions set forth above may not apply to you.

17. LOCAL LAWS

You are solely responsible for compliance with all applicable laws. Accordingly, if making the Services or any part available in your jurisdiction or to you (by reason of nationality, residence, or otherwise) is prohibited, those Services are not offered for sale to you.

18. NOTICES

18.1 Notices shall be given to us via email at support@virtualstaff.ph or to you at either the email or address you provided to us during the ordering or registration process.

18.2 Notices will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday) or three days after the date of posting.

19. APPLICABLE LAW

You agree that this Terms of Use and any dispute arising out of your use of this website or our Services shall be governed by and construed in accordance with either the laws of the United States of America, the State of Wyoming, or applicable laws in the Republic of the Philippines (if on our Enterprise Solution), without regard to its conflict of law provisions. By registering or using this website and service, you consent and submit to the exclusive jurisdiction and venue of the county or city of Virtualstaff's office, headquarters, or place of business as deemed appropriate at the time.

20. MISCELLANEOUS INFORMATION

20.1 In the event that these Terms of Use conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law and the remainder of these Terms of Use will remain valid and intact.

20.2 The failure of either party to assert any right under these Terms of Use shall not be considered a waiver of any party's right, and that right will remain in full force and effect.

20.3 You agree that without regard to any statute or contrary law that any claim or cause arising out of this website or the Services must be filed within one (1) year after such claim or cause arose, or the claim shall be forever barred.

20.4 We may assign our rights and obligations under these Terms of Use, and we shall be relieved of any further obligation.

20.5 These Terms of Use comprise the entire agreement between you and Virtualstaff and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

21. Enterprise Virtual Staff Service

The Enterprise Virtual Staff Service is run by Virtual Staff, LLC, a legal entity with a registered address of 1309 Coffeen Avenue, Sheridan, Wyoming, 82801, United States of America.

Contracts between Enterprise Solution clients will be between the client and Virtual Staff, LLC.

The staff hired through VirtualStaff and assigned to clients are contracted through Smartual Philippines Enterprises, Inc. It is an entity based and duly registered in the Philippines and set up for the sole purpose of protecting Enterprise Clients.