Terms of Service
Introduction
These Terms of Service (“Terms”) outline the agreement between Desk & VA, operated by Prestige United Ventures Pty Ltd (Australia) and Prestige United Ventures Inc. (Philippines), and any individual or organisation (“Client”) engaging our recruitment, staffing, workstation, or consulting services. By signing an Engagement Agreement, paying an invoice, or using our services, you accept these Terms.
Definitions
Services – All recruitment, placement, workstation, and support solutions offered by Desk & VA.
Engagement Agreement – Any signed proposal, quotation, or invoice describing the agreed scope and fees.
Commencement Date – The date your Engagement Agreement starts.
Minimum Commitment Period – Six (6) consecutive months from the Commencement Date.
Recruitment & Placement
Desk & VA simplifies the hiring of your Philippines-based team member. You provide the job description — we deliver a curated shortlist of five (5) qualified applicants, each with a pre-recorded interview.
If none are suitable, we’ll discuss your feedback and present a second shortlist of five (5) additional candidates. If you’re still unsatisfied after that second round, we refund 100% of the recruitment fee and close the engagement — no questions asked.
Once a candidate is selected, we assist with salary negotiation, offer letter preparation, and the employment contract. We can also help procure any required hardware or accessories.
Workstation & Facilities
After your hire begins, Desk & VA provides a dedicated workstation in one of our modern, well-equipped hubs. Each workspace includes:
A permanent desk in a bright, professional environment
High-speed fibre internet and IT support
Access to an on-site café with exclusive staff discounts
These amenities are part of your weekly service fee.
Minimum Commitment & Notice
Number of Desks / Seats | Minimum Commitment | Cancellation Notice* |
1–5 | 6 months | 30 days |
6–15 | 6 months | 45 days |
16 + | 6 months | 60 days |
* Notice must be in writing. Early termination inside the Minimum Commitment Period incurs an Early-Exit Fee equal to the lesser of (a) the outstanding balance of the commitment or (b) eight (8) weeks of the prevailing weekly service fee.
Fees & Payment
a. Payment Method
All payments are processed exclusively by Stripe, our secure, third-party payment gateway; no alternative payment methods are offered. Stripe automatically emails purchase confirmations, and a formal tax receipt is available on request. Invoices are due on the date stated, late payment beyond fourteen (14) days may result in service suspension and a late fee of 2% per month (or the maximum amount allowable by law).
b. Recruitment Fee – 100% Risk-Free Guarantee
To begin a recruitment engagement, Desk & VA charges a once-off service fee that covers the full end-to-end hiring process. Our team manages every stage — from refining the position brief and promoting the role across appropriate platforms, to screening applicants, conducting interviews, and preparing final employment documentation for your selected hire.
If, after our standard recruitment process, no candidate meets your agreed criteria, Desk & VA will return the full recruitment fee. This guarantee reflects our commitment to results and transparency.
For highly specialised or executive positions, an adjusted fee may apply, which will be confirmed in writing before the search commences.
c. Workstation and Support Fee
Once your team member commences work, Desk & VA charges a regular service fee that covers workstation access, office amenities, and ongoing administrative support. This fee is billed in advance and applies to each active team member.
The service fee is non-refundable and cannot be adjusted for partial billing periods. Clients who prefer to pay for a longer term upfront may be eligible for a discount, which will be detailed in writing prior to payment.
Payment methods and current rates are outlined on our website and confirmed at onboarding.
d. Service-Fee Adjustments
To keep pace with wage rises, inflation, and commercial lease costs, Desk & VA may review and adjust the Workstation and Ongoing Support Fee once per calendar year. Any adjustment will be non-retrospective and notified at least 30 days in advance.
Important: Your rate is locked for the first 6 months of service. Any adjustment can only take effect after you’ve completed your initial six-month term with Desk & VA.
Placement Guarantee & Free Rehire
If a recruited team member resigns or is terminated for cause within one hundred twenty (120) days of their start date, Desk & VA will provide a replacement candidate at no additional recruitment fee, subject to the Client’s compliance with all payment obligations and working-environment requirements.
Replacements will be handled in accordance with Desk & VA’s published Recruitment & Placement clause in effect at the time of the request.
Cancellation & Termination
Desk & VA may terminate an Agreement immediately if the Client:
- Fails to pay any invoice within fourteen (14) days of the due date;
- Breaches these Terms and fails to cure within seven (7) days of notice;
- Engages in illegal, discriminatory, or abusive behaviour toward staff;
- Solicits or hires Desk & VA personnel in breach of clause 8.
Clients may cancel in accordance with clause 4. Any prepaid but unused workstation fees beyond the notice period will be credited or refunded at Desk & VA’s discretion, minus outstanding charges.
Non-Solicitation & Hire-Away Fee
For twelve (12) months after the last day of service, the Client shall not directly hire or contract with any Desk & VA staff member without Desk & VA’s written consent. If the Client breaches this clause, they shall pay a Hire-Away Fee equal to 50% of the staff member’s projected first-year gross remuneration.
Workstation Use, Equipment & IT Support
Desk & VA provides a secure, fully-equipped workstation environment. Basic on-site IT support (hardware troubleshooting, network connectivity) is included. Advanced support (specialised software installation, bespoke security hardening) may incur additional fees. Where Desk & VA assists in purchasing equipment on behalf of the Client, title transfers to the Client upon full payment; risk passes to the Client on delivery.
Client Responsibilities
Clients must supply clear role descriptions, timely feedback, and adequate onboarding resources. Clients are responsible for day-to-day management, data security policies, and ensuring compliance with all applicable employment laws in their jurisdiction.
Confidentiality & Intellectual Property
Both parties agree to safeguard each other’s confidential information. Unless otherwise agreed, intellectual property created by staff in the course of their duties vests in the Client upon full payment of all fees.
Marketing Consent
Desk & VA may list the Client’s name and logo on its website and marketing materials. Clients may opt-out by notifying Desk & VA in writing.
Taxes
All fees are exclusive of GST/VAT or similar taxes unless stated. Clients are responsible for any taxes applicable in their jurisdiction.
Force Majeure & Business Continuity
Desk & VA will not be liable for delays or failure to perform due to events beyond reasonable control (e.g., natural disasters, pandemics, civil unrest, or widespread internet outages). Business-continuity plans may include temporary remote-work arrangements; service fees remain payable during such periods.
Limitation of Liability
To the maximum extent permitted by law, Desk & VA’s aggregate liability under any Agreement shall not exceed the fees paid by the Client in the preceding three (3) months.
Notices
Notices must be sent by email to info@deskandva.com and are deemed received at 9:00 AM in the recipient’s principal place of business on the next business day after dispatch.
Assignment
Desk & VA may assign or subcontract its obligations; the Client may not assign an Agreement without prior written consent.
Modifications
Desk & VA may amend these Terms by posting an updated version at https://deskandva.com/terms at least thirty (30) days before changes take effect.
Governing Law & Dispute Resolution
- Engagements invoiced by Prestige United Ventures Pty Ltd are governed by the laws of New South Wales, Australia, and disputes shall be submitted to the courts of Sydney.
- Engagements invoiced by Prestige United Ventures Inc. are governed by Philippine law, with disputes submitted to the courts of Dumaguete City.