Terms of Use

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 Subscriptions:
All subscriptions on VirtualStaff.ph are non-refundable as they include a 7-day free trial, which allows users to explore the platform’s features before committing to a paid plan. It is the user's responsibility to cancel the subscription within the trial period if they choose not to continue.

7.2 Worker Payments:
All payments made to workers, staff, or contractors through the platform are final and non-refundable. Ensure that the payment details, including the amount and recipient, are correct before confirming any transaction.

7.3 Enterprise Solution:
The Enterprise Solution operates under separate terms and conditions and is non-refundable, as stipulated in its respective agreement.

7.4 Invoice Assistance:
For questions or issues related to invoices, you can reach out via live chat or email at support@virtualstaff.ph. We strive to address your concerns promptly.

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

16.1 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.

16.2 Contractor Agreements. Contractor agreements facilitated through the VirtualStaff.ph platform are exclusively between the two parties involved. Our website, along with any associated companies or entities, assumes no responsibility for any issues that may arise before, during, or after the engagement between the contractor and the client. These contractor agreements are provided solely for the convenience of users. By utilizing these agreements, users acknowledge that our website is not a party to the agreement. In the event of a breach of the agreement by a contractor, VirtualStaff.ph may, at its sole discretion, elect to assist both parties through an email-based dispute resolution process. However, this assistance is entirely voluntary and not guaranteed. Should either party believe that the issue has resulted in damages or should they wish to pursue the matter further, they will be solely responsible for their own legal costs. VirtualStaff.ph will not participate in any legal proceedings related to disputes arising from these contractor agreements.

16.3 Subscription Cancellation and Agreement Termination. By canceling a subscription to VirtualStaff.ph, any contractor agreements made within the platform will be terminated, as this cancellation signifies that the contractor has been terminated in accordance with the terms agreed upon for using the platform. Furthermore, if payments are conducted outside of the VirtualStaff.ph platform, the contractor agreement will be rendered null and void with immediate effect.

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. JOB POSTS

Multiple duplicate job posts are prohibited. The reason for this is to ensure that our platform does not become spammy, and it helps us ensure users have a positive experience when searching for jobs.

Jobs that are sexual, pornographic, or linked to an industry that would not be allowed in the Philippines under law, are strictly forbidden.

Outside links that ask applicants to apply outside the platform are also strictly prohibited.

22. 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.

23. Affiliate Agreement

This agreement describes the terms and conditions for participation in the VirtualStaff.ph affiliate program. By applying to the VirtualStaff.ph affiliate program, you are confirming that you have read the agreement and agree to the terms and conditions.

Affiliate Program for VirtualStaff.ph

VirtualStaff.ph offers an affiliate program where affiliates can earn commissions by referring new customers to the platform. The commission structure and rates are determined at the sole discretion of VirtualStaff.ph and are subject to change without prior notice.

All affiliates are required to comply with the affiliate terms and conditions agreed upon during registration. For the latest details on commission tiers, requirements, and guidelines, affiliates should refer to the official terms on the VirtualStaff.ph website.

Commissions

For a sale to generate a commission for an affiliate, the customer must complete the order form and remit full payment for the service. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured affiliate links. Properly coded links are the sole responsibility of the affiliate. Commissions can be viewed on the Affiliate Dashboard.

Payments

When a customer clicks on your affiliate referral link for the first time, completes the signup procedure, and makes the payment, it counts as a sale. The customer must click on a link to the VirtualStaff.ph website from your website, an email, or another communication in order to qualify for a referral fee. They also need to sign up within 90 days after the initial click-through.

You won't get paid a referral fee if they come back later without using your link and don't sign up within those 90 days.

Only links that are automatically tracked and reported by our systems will receive referral payments from us. The visitor's browser must be set to accept cookies for our systems to track the referral. If someone claims to have signed up as a result of your recommendation, but our system did not record it, we will not pay a commission.

All the commissions that you earn will be reflected in your VirtualStaff.ph account.

You can easily withdraw the money at your convenience by setting up a Stripe Connect account from where you can withdraw the funds from your affiliate earnings. You can withdraw your earnings anytime after 35 days of making a sale.

Reversals

Any referrals that turn out to be fraudulent (false information, stolen or fake credit cards, etc.) will be revoked. Referrals that result in a chargeback on a credit card will be canceled.

You won't get paid for referrals to VirtualStaff.ph that is for your own subscription (or for signing up business partners, family members, etc.). You cannot use your own affiliate link to sign up for our service. In the event that there is a suspicion of fraudulent account setup, VirtualStaff.ph maintains the right to deny commissions.

Advertising Compliance

Affiliates are not permitted to give bonuses, awards, or cash back. Affiliates are not permitted to bid on branded terms for PPC purposes on search engines (Google, Yahoo, MSN, Ask). Affiliates that are caught bidding on brand terms will have their accounts deleted. "Virtual," "Staff," "VirtualStaff," and "VirtualStaff.ph" are all brand terms that cannot be used.

Before sending traffic to our servers, affiliates are in charge of making sure their tracking code is functional. Affiliates are solely responsible for making any changes to the links; commissions will not be reimbursed for tracking mistakes brought on by changing, masking, or interfering with your links.

The use of any cookie, device, program, robot, iframe or hidden frame, pop-up window, or other operation or process that obstructs our ability to correctly identify and track transactions is strictly prohibited. Other prohibited actions include using invisible methods to generate impressions, clicks, or transactions that are not initiated by the affirmative action of an end user.

Unless expressly permitted by their terms and conditions, you will not post links or promotional content in third-party newsgroups, message boards, blogs, comments, link farms, forums, classified ad services, counters, chat rooms, or guestbooks. The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing VirtualStaff.ph.

Links or promotional content cannot be connected to subjects that VirtualStaff.ph, in its sole discretion, deems to come under any of the following categories:

• sexually explicit content
• violence
• firearms or weapons
• illegal products, services, or activities
• gambling or betting
• discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• libel or defamation
• content targeted at children
• content that is deceptive, offensive, or hateful

Modification

We may modify any of the terms and conditions within this agreement at any time and at our sole discretion. These modifications may include, but not limited to, changes in the scope of available commissions, commission schedules, payment procedures, and affiliate program rules.