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.
1.3 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
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
4.3 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.
5.4 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.
7.1 Money Back Guarantee for DIY Employer Subscriptions: Our DIY 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 firstname.lastname@example.org to request a refund. Please note that the refund amount will be minus the non-refundable payment processor fee.
7.2 Limitations of the 30-day Refund Period: The 30-day refund period is only available for the initial 30 days of the subscription. If you fail to cancel the subscription during subsequent months of renewal, you will not be eligible for a refund under the 30-day refund period.
7.3 Payment to Workers/Staff/Contractors: By using our website, you expressly acknowledge that all payments to workers, staff, or virtual assistants are non-refundable and are done at your sole discretion. We encourage you to exercise caution and make informed decisions regarding any financial transactions with workers on our platform.
7.4 Virtual Staff Protection Subscriptions: Virtual Staff Protection subscriptions are non-refundable and do not fall under the 30-day money back guarantee. Please consider this before purchasing a Virtual Staff Protection subscription.
7.5 Invoice Help and Support: If you need assistance or advice regarding an invoice, we are here to help. You can reach out to our live chat agents, visit our support center, or email us at email@example.com. We strive to provide timely and effective support to address any concerns or inquiries you may have related to invoices.
8. LICENSE GRANT & RESTRICTIONS
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
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.
11.1 You may delete your account or terminate any additional Service you have purchased from us for any reason.
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.
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.
18.1 Notices shall be given to us via email at firstname.lastname@example.org 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
20. MISCELLANEOUS INFORMATION
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.
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.
There is one type of affiliate program with VirtualStaff.ph: One-time fixed percentage commission.
Our affiliate program works like this: you earn a commission every time a sale is made using the unique link we provide you. You'll earn 40% of the sale amount for each customer that becomes a paying member of our site. The more sales you make, the more money you'll earn.
We have 3 tiers for earning commissions:
Sell Up to $2499 in subscriptions - Get 40% commission from sales
Sell $2500-$4,999 in subscriptions - Get 45% commission from sales
Sell $5,000+ in subscriptions - Get 50% commission from sales
Account Registration & Terms
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.
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.
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.
We provide a 30-day money-back guarantee to our clients. Every time you make a sale, its details will appear on your dashboard. The commission amount for the same will be credited to your wallet after 35 days of the sale. You’ll be able to check the number of sales made, the date on which a sale was made, and how many days are left for the commission to get credited to your wallet. Thus, if your referral gets a refund within 30 days, the commission will not be credited to your account.
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.
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
- 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
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.
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.