Terms of Service

1. Introduction

Welcome to VirtualHire.ph ("Platform"), a marketplace connecting talented Filipino freelancers ("Freelancers") with employers from around the world ("Employers"). These Terms of Service ("Terms") govern your access to and use of VirtualHire.ph and all related services.

By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Platform. We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting on the Platform. Your continued use of the Platform will constitute your acceptance of the revised Terms.

2. Account Registration and User Types

To access certain features of the Platform, you must register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and maintain and update this information.

2.1. Freelancer Accounts

Freelancer accounts are reserved for Filipino professionals seeking to offer their services to Employers. By registering as a Freelancer, you represent and warrant that:

• You are a Filipino citizen or legal resident of the Philippines
• You are at least 18 years of age
• You have the right to work and enter into service agreements
• The information in your profile, including skills, qualifications, and experience, is accurate and not misleading

2.2. Employer Accounts

Employer accounts are for individuals or entities seeking to hire Filipino freelancers. By registering as an Employer, you represent and warrant that:

• You have the legal authority to enter into service agreements
• You will comply with all applicable laws in the jurisdiction where you operate
• You will provide accurate information about your business and project requirements

3. Trust Score System

VirtualHire.ph employs a proprietary Trust Score system to help Employers identify reliable and high-quality Freelancers. Trust Scores range from 0-100 and are calculated based on multiple factors.

3.1. Trust Score Calculation

The Trust Score is calculated based on the following criteria:

• Profile completeness (10 points)
• Identity verification (10 points)
• Skills assessment (20 points)
• Work history and portfolio (20 points)
• Client ratings and reviews (30 points)
• Platform activity and responsiveness (10 points)

3.2. Trust Score Appeals

Freelancers may appeal their Trust Score if they believe an error has occurred in the calculation. Appeals will be reviewed by our team, and decisions on such appeals are final.

4. Jobs and Proposals

4.1. Job Postings

Employers may post job opportunities on the Platform. All job postings must:

• Contain accurate descriptions of the work required
• Clearly state the qualification requirements
• Include a reasonable budget range
• Not violate any laws or promote illegal activities
• Not contain discriminatory requirements (except for requiring Filipino nationality, which is the focus of our platform)

4.2. Proposals

Freelancers may submit proposals for jobs posted on the Platform. By submitting a proposal, Freelancers represent that they:

• Meet the qualifications for the job
• Have the availability to complete the job within the required timeframe
• Are providing accurate information about their capabilities

5. Contracts and Payments

5.1. Contract Formation

When an Employer accepts a Freelancer's proposal, a legally binding service contract is formed between the Employer and the Freelancer. VirtualHire.ph is not a party to this contract but provides the platform for the parties to enter into such agreements.

5.2. Escrow Services

Our Platform uses an escrow system for all payments. Employers must deposit funds into escrow before work begins on a project. These funds are only released to the Freelancer upon:

• The Employer's approval of completed milestones or deliverables
• Automatic release after 14 days if the Employer does not take action on a submitted deliverable
• Resolution of a dispute in the Freelancer's favor

5.3. Service Fees

VirtualHire.ph charges the following service fees:

• Employers: 5% of the total payment amount
• Freelancers: 10% of the amount received

Service fees are automatically deducted from the transaction at the time payment is processed.

6. Dispute Resolution

6.1. Disputes Between Users

In the event of a dispute between an Employer and a Freelancer, the following process applies:

1. Parties should first attempt to resolve the dispute directly through the Platform's messaging system
2. If direct resolution is not possible, either party may open a formal dispute through the Platform
3. The VirtualHire.ph support team will review the dispute, including all communications, contract terms, and submitted work
4. The support team will make a determination regarding the dispute and the allocation of funds in escrow
5. The decision of the support team is final and binding on both parties

6.2. Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the use of the Platform that cannot be resolved through the Platform's dispute resolution process shall be settled by arbitration in accordance with the Philippine Alternative Dispute Resolution Act of 2004 (Republic Act No. 9285).

7. Intellectual Property Rights

7.1. Platform Content

All content provided by VirtualHire.ph, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and data compilations, is the property of VirtualHire.ph or its content suppliers and is protected by Philippine and international copyright laws.

7.2. User Content

You retain all rights to any content you submit, post, or display on or through the Platform. By providing content on the Platform, you grant VirtualHire.ph a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your content in any existing or future media.

7.3. Work Product

The transfer of intellectual property rights in the work product created by Freelancers is governed by the terms of each individual contract between the Employer and Freelancer. VirtualHire.ph makes no claim to intellectual property rights in such work product.

8. Prohibited Activities

The following activities are prohibited on the Platform:

• Circumventing the Platform to avoid payment of service fees
• Creating false or misleading profiles or job postings
• Infringing on the intellectual property rights of others
• Posting or distributing content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform
• Using the Platform for any illegal purpose or in violation of any local, state, national, or international law
• Engaging in any form of automated data collection, including scraping, data mining, or data extraction

9. Limitation of Liability

To the maximum extent permitted by law, VirtualHire.ph and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Platform
• Any conduct or content of any third party on the Platform
• Any content obtained from the Platform
• Unauthorized access, use, or alteration of your transmissions or content

Our total liability for any claim arising out of or relating to these Terms or our Platform shall not exceed the greater of ₱10,000 or the amount you have paid to VirtualHire.ph in the past six months.

10. Termination

We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Platform will cease immediately. If you wish to terminate your account, you may simply discontinue using the Platform or delete your account.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law provisions.

12. Contact Us

If you have any questions about these Terms, please contact us at:

• Email: [email protected]
• Phone: +63 (2) 8888-7777
• Address: 123 Bonifacio Global City, Taguig, Metro Manila 1634, Philippines