VirtualStaff.ph Terms of Use

6. PRICING, PAYMENTS, & SUBSCRIPTIONS

6.1 All prices or “salary rates” shown on our website are set individually by the job seeker or worker, and the base salary is to be agreed between the client (employer) and the applicant (staff).

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

6.3 All payments to staff must be made on the VirtualStaff.ph platform. Paying staff outside of the platform is a breach of our terms of use, and it will result in the immediate banning of your account, as well as revocation of any agreements between the parties within the virtualstaff.ph platform.

6.4 You must subscribe to VirtualStaff.ph to message and hire staff. Choose from the available subscription plans.

6.5 We do not accept payment by mail or fax.

6.6 When paying staff, you may use ACH or credit and debit cards, subject to additional card processing fees. We accept Visa, MasterCard, American Express, and Discover.

6.7 We may refuse any order placed by you.

6.8 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.

6.9 We may refuse any order placed by you.

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

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

6.12 All subscriptions on VirtualStaff.ph are in USD.

6.13 All subscriptions on our website are auto-renewable. 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.

7. REFUNDS

7.1 Subscriptions: Due to VirtualStaff.ph (the platform) being an HR, compliance and payroll platform, all subscriptions on VirtualStaff.ph are non-refundable. It is the user's responsibility to cancel the subscription if they choose not to continue.

7.2 Worker Payments: All payments made to workers, staff, employees, 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 Full Service Teams (formerly Enterprise Solution): The Full Service Teams Solution operates under separate terms and conditions and is non-refundable, as stipulated in its respective contract that the client signs with the company.

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. Chargebacks

8.1 Any chargebacks initiated against payments made through VirtualStaff.ph are subject to a non-refundable chargeback processing fee of $15 per dispute, as these fees are imposed by our payment processor (Stripe).

8.2 Worker Payments & Contractor Salaries: Payments made to workers, staff, employees, or contractors through the platform are final and non-refundable. Since funds are immediately disbursed, any chargeback attempt against these payments constitutes an attempt to reverse a legitimate transaction and may be considered an act of fraud.

8.3 Subscriptions & Platform Fees: Subscription fees, job posting fees, and other platform charges are non-refundable, as outlined in our refund policy. Any disputes related to subscriptions must be handled directly with VirtualStaff.ph, and chargebacks will not be honored.

By using our platform, you agree to these terms, and VirtualStaff.ph reserves the right to auto-bill your account for the dispute fee. Additionally, accounts that engage in fraudulent chargebacks may be suspended or permanently banned to protect the integrity of our platform.

9. EMPLOYER (CLIENT) RESPONSIBILITIES

9.1 Employers using VirtualStaff.ph must:

• Ensure compliance with the agreed employment or contractor terms.
• Monitor and manage staff working hours and productivity.
• Fund payroll on time to ensure salary disbursements to their staff. The specifics of such will be specified in the individual contractor or employee contract.

9.2 Employer of Record (EOR) Clients:

• Employers using the EOR service will have their staff legally employed under VirtualStaff.ph’s entity in the Philippines.
• VirtualStaff.ph will handle payroll, social security (SSS), healthcare (PhilHealth), Pag-IBIG contributions, and all necessary tax compliance within the Philippines.
• Onboarding of employees under EOR typically takes 2-5 working days, as we require employee information for compliance processing.

9.3 Independent Contractors:

• If hiring staff as independent contractors, the employer (client) is responsible for ensuring compliance with Philippine labor laws unless agreed otherwise.
• Employers who hire under the Independent Contractor Plus plan ($99/month) receive legal protection against misclassification risks within the jurisdiction of the Republic of the Philippines, subject to the agreed terms and conditions. This includes the stipulation that the client must not be a Philippine citizen or a resident based in the Philippines. Conversely, the contractor or employee must be a Philippine citizen and legally located in the Philippines as a tax resident.

10. WORKERS GETTING PAID

10.1 The exchange rate difference, banking fees, or any other similar charges that may be incurred when receiving payments are not the responsibility of VirtualStaff. Our website will not be liable to refund such payments, and the VirtualStaff rate (which is used for currency conversion) is subject to change depending on market conditions and other factors.

10.2 In instances where an employer refuses to pay the contractor or employee, 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.

10.3 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.

10.4 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.

10.5 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.

10.6 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.

11. AFFILIATE PROGRAM TERMS

11.1 VirtualStaff.ph offers an affiliate commission of $100 per client referral. 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.

11.2 The commission is only payable once the referred client has paid a minimum of $500 in staff salaries via VirtualStaff.ph.

11.3 Payouts are released within 30 days after the referred client makes the staff salary payment of at least $500.

11.4 Fraudulent referrals, self-referrals, and misuse of the affiliate program will result in disqualification and potential legal action. This can only be used to refer to a third party that is not affiliated with the affiliate.

11.5 The registration process for an Affiliate account must be completed with the required information, which includes your legal full name, a working email address, and any other details. To participate in this Program, you must be 18 years of age or older.

Each account may only be used by a single legal entity (such as a business or a partnership) or a single user. We discourage you from disclosing your username and password to anybody else, including other users on a network. You are in charge of maintaining the security of any user identities and passwords issued.

11.6 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.

11.7 Advertising & Compliant: 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

11.8 Decactivation: Affiliate accounts are subject to deactivation at any moment and without prior notice. If you don't adhere to the affiliate terms stated above, your account will be deactivated, and commissions will be set to zero. Your affiliate account will be immediately deactivated if there is any false or deceptive advertising or suspected fraud. Affiliate accounts that generate a high volume of fraudulent accounts may be deleted after a review.

12. PROHIBITED USES

12.1 Users may NOT:

• Attempt to pay staff outside the platform (violating this might lead to an immediate account ban).
• Engage in fraudulent disputes or chargebacks. This would be considered an attempt to defraud the company, and legal action would be taken.
• Use VirtualStaff.ph for illegal, deceptive, or unethical activities.

13. TERMINATION

13.1 VirtualStaff.ph reserves the right to suspend or terminate accounts for violations of these Terms of Use.

13.2 Accounts attempting to dispute valid payroll payments or circumvent the platform’s payment system may face legal action.

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

13.4 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.

13.5 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.

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

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

13.8 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.

14. LIABILITY DISCLAIMER

14.1 VirtualStaff.ph provides tools and services for hiring and payroll management but does not directly employ staff unless under the Employer of Record (EOR) service.

14.2 Employers remain responsible for managing, monitoring, and directing their staff’s work.

14.3 VirtualStaff.ph shall not be liable for:

• Any disputes between employers and staff.
• Losses due to employer negligence or failure to verify invoices before payment.
• Indirect or consequential damages arising from service use.

15. LICENSE GRANT & RESTRICTIONS

15.1 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

15.2 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 to monitor its availability, performance, or functionality or for any other benchmarking or competitive purposes.

15.3 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.

15.4 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.

15.5 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.

16. INTELLECTUAL PROPERTY OWNERSHIP

16.1 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.

16.2 These Terms of Use are not a sale and do 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.

17. THIRD-PARTY WEBSITES AND CONTENT

17.1 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.

17.2 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.

17.3 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.

17.4 Our website 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 for convenience. In no event shall Virtualstaff be responsible for any content, products, or other materials on or available from such sites.

18. 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.

19. DISCLAIMER OF WARRANTIES

19.1 You understand and agree that your use of this website and any services provided is at your own risk. The services are made available to you "as is," and we expressly disclaim all warranties of any kind, whether implied or expressed. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

19.2 We make no warranty, either implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any particular quality. Additionally, we do not guarantee that any content is safe for download in any way. You understand and agree that neither we nor any participant in the service provides professional advice of any kind and that any use of such advice or information is entirely at your own risk and without our liability of any sort.

20. 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.

21. LIMITATION OF LIABILITY

21.1 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 any other types of damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages.

21.2 This applies to any claims arising from or related to (I) your use of or inability to use the service, (II) the costs of obtaining substitute goods and/or services resulting from any transaction entered into 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.

22. ADDITIONAL RIGHTS

22.1 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.

22.2 Agreements with staff (contractors or employees). All agreements facilitated through the VirtualStaff.ph platform are exclusively between the two parties involved unless otherwise agreed upon in writing via a contract. 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, employee, 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 or employee, 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.

22.3 Subscription Cancellation and Agreement Termination. By canceling a subscription to VirtualStaff.ph, any agreements made within the platform will be terminated with immediate effect, as this cancellation signifies that the staff 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 or employee agreement will be rendered null and void with immediate effect, and both parties (client and worker) may be liable for paying damages to VirtualStaff.ph.

23. 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.

24. NOTICES

24.1 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.

24.2 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.

25. 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 an EOR agreement or full service teams), 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.

27. JOB POSTS

27. 1 We prioritize maintaining a high-quality user experience on our platform, which is why we have strict policies regarding job postings.

27.2 Duplicate Job Posts: Posting multiple identical job listings is not allowed. This policy is in place to prevent our platform from becoming cluttered or spammy, ensuring that users can easily find relevant job opportunities without sifting through repetitive entries. To enhance visibility and effectiveness, we encourage employers to consolidate their job postings and provide comprehensive information in a single listing.

27.3 Prohibited Content: We have a zero-tolerance policy for job postings that are sexual, pornographic, or associated with any industry that violates Philippine laws. It is important that all job listings align with ethical standards and legal regulations to foster a respectful and safe environment for all users.

27.4 Application Process: To safeguard the integrity of our platform, we do not allow any external links in job postings that direct applicants to apply outside of our site. All applications should be submitted through our platform to ensure a streamlined and secure process for both job seekers and employers.

28. FULL SERVICE TEAMS (formerly Enterprise Solution)

The Full Service Teams Solution operates under the umbrella of Virtual Staff, LLC, a legally established entity located at 1309 Coffeen Avenue, Sheridan, Wyoming, 82801, United States of America. This company is dedicated to providing comprehensive staffing solutions that cater to a diverse range of client needs.

When engaging with the Full Service Teams Solution, all contractual agreements will be established directly between the client and Virtual Staff, LLC. This ensures clarity and a straightforward approach to service provision, allowing clients to focus on their core business activities while we handle staffing requirements.

The personnel recruited through Virtual Staff are assigned to clients based on their specific needs and are contracted through Smartual Philippines Enterprises, Inc. This entity is fully registered and operates in the Philippines, boasting a strong talent pool that meets the highest standards of professionalism and expertise. By utilizing a dedicated team from the Philippines, we ensure that our clients receive exceptional support and a seamless integration of staff into their operations.

Together, Virtual Staff, LLC and Smartual Philippines Enterprises, Inc. are committed to delivering quality staffing solutions, fostering long-term relationships with clients, and enabling businesses to thrive in a competitive landscape. Our goal is to enhance operational efficiency and drive success for all parties involved.

29. CHANGES TO TERMS

29.1 VirtualStaff.ph may modify these Terms of Use at any time. Continued use of the platform constitutes agreement to updated terms.

For any legal inquiries, contact legal@virtualstaff.ph

By using VirtualStaff.ph, you confirm that you have read, understood, and agreed to these Terms of Use.