Terms of service

1. Introduction

These Terms of Service (“Terms”) set out the agreement between Desk & VA, operated by Prestige United Ventures Pty Ltd (ABN 21 602 137 217) (Australia) and Prestige United Ventures Inc. (Philippines) (each and together, “Desk & VA”, “we”, “our” or “us”), and any individual or organisation engaging our recruitment, staffing, workstation, or consulting services (“Client”, “you” or “your”). By signing an Engagement Agreement, paying an invoice, or using our Services, you accept these Terms. The entity that issues your invoice is your contracting party for that engagement, and determines the governing law under clause 22.

2. 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, unless a longer period is stated in your Engagement Agreement.
• Core Plan — the plan under which Desk & VA provides a workstation and infrastructure only, and the Client pays the team member’s salary directly and provides their equipment.
• Signature Plan — the fully managed, all-inclusive plan under which Desk & VA provides the workstation, salary disbursement, equipment, payroll, HR, and supervision for a single Service Fee.
• Service Fee — the recurring fee payable for a Core Plan or Signature Plan, charged at the applicable weekly rate and billed in advance (see clause 6).
• Recruitment Fee — the one-off fee payable for a recruitment engagement (see clause 5).
• Early-Exit Fee — the fee payable on early termination within the Minimum Commitment Period (see clause 4).
• Hire-Away Fee — the fee payable if the Client engages a Desk & VA staff member in breach of clause 8.

3. Recruitment & Placement

Desk & VA simplifies the hiring of your Philippines-based team member. You provide the job description, and we deliver a curated shortlist of five (5) qualified applicants, each with a pre-recorded interview.

If none are suitable, we will discuss your feedback and present a second shortlist of five (5) additional candidates. If you are still unsatisfied after that second round, we will refund 100% of the Recruitment Fee and close the engagement.

Once a candidate is selected, we assist with salary negotiation, offer letter preparation, and the employment contract. Under the Core Plan we can also help you procure any required equipment or accessories from a local supplier (see clause 9). For highly specialised or executive positions, an adjusted fee may apply, which will be confirmed in writing before the search commences.

4. Minimum Commitment & Notice

4.1 Each Core Plan and Signature Plan engagement is subject to the Minimum Commitment Period. Remote placements under clause 6.3 have no minimum term. The following written cancellation notice applies:

4.2 Notice must be given in writing. Early termination within the Minimum Commitment Period incurs an Early-Exit Fee equal to the lesser of (a) the outstanding balance of the Minimum Commitment Period, or (b) eight (8) weeks of the prevailing weekly Service Fee.

4.3 Where an Engagement Agreement is for a period longer than six months, the Early-Exit Fee is calculated on the same basis by reference to the agreed longer term.

4.4 When the Minimum Commitment Period (or any longer agreed term) ends, the engagement continues month to month until either party ends it by giving the written cancellation notice in clause 4.1. No Early-Exit Fee applies after that period ends.

5. Fees & Payment

5.1 Payment method. Payments are processed through Stripe, our secure third-party payment gateway, unless another method is expressly agreed in writing. Where any payment method is used, payment details are entered by you through the provider’s own secure facility and are not collected or stored by Desk & VA. 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).

5.2 Recruitment Fee. To begin a recruitment engagement, Desk & VA charges a one-off Recruitment Fee that covers the full end-to-end hiring process — refining the position brief, promoting the role, 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, we will refund the full Recruitment Fee in accordance with clause 3. For highly specialised or executive positions, an adjusted fee may apply, confirmed in writing before the search commences.

5.3 Service Fee. Once your team member commences work, the applicable Service Fee covers workstation access, office amenities, and ongoing support, and (under the Signature Plan) salary disbursement, equipment, payroll, HR, and supervision. Rates are quoted weekly and billed in advance. By default, billing is weekly; fortnightly or monthly invoicing is available by agreement, with rates remaining calculated on the weekly rate. The Service Fee is non-refundable and is not adjusted for partial billing periods. Clients who pay six (6) months of Service Fees in advance receive a 10% discount on those fees. Any discount for another prepaid term will be confirmed in writing before payment. If you end a prepaid term early, the discount no longer applies: the weeks you have used are recalculated at the standard weekly rate, and the Early-Exit Fee under clause 4 is also payable.

5.4 Service Fee adjustments. To keep pace with wage rises, inflation, and commercial lease costs, Desk & VA may review and adjust the Service Fee once per calendar year. Any adjustment will be non-retrospective and notified at least thirty (30) days in advance. Your rate is locked for the first six (6) months of service; any adjustment can only take effect after you have completed your initial six-month term. If you do not accept an adjustment, you may terminate the affected engagement without penalty by giving written notice before the adjustment takes effect, subject to the applicable cancellation notice in clause 4.

5.5 Currency and order of precedence. All fees are in US dollars (US$) unless your Engagement Agreement states otherwise. If there is any inconsistency, your Engagement Agreement prevails over these Terms, and these Terms prevail over any information on our website or in our marketing materials.

6. Plans & What Is Included

6.1 Core Plan. Desk & VA provides a dedicated workstation and infrastructure — including power, water, high-speed fibre internet, on-site IT and supervisor support, and access to office amenities. Under the Core Plan you pay your team member’s salary directly, and you provide their equipment. We can help you purchase equipment from a local supplier; title to any equipment you purchase passes to you on full payment, and it is yours to keep.

6.2 Signature Plan. The Signature Plan is fully managed and all-inclusive. For a single weekly Service Fee, Desk & VA provides the workstation and infrastructure, disburses the team member’s salary, and provides all IT equipment, payroll processing, government compliance, productivity monitoring, a dedicated account manager, and HR support, with no other ongoing out-of-pocket costs. No Recruitment Fee applies to a general role under the Signature Plan. For a specialist role, the weekly Service Fee and any Recruitment Fee are priced on enquiry and confirmed in writing before recruitment starts.

6.3 Remote (Work-From-Home) placements. For remote placements, Desk & VA charges a one-off Recruitment Fee of US$1,999 to recruit your team member, who then works from home using their own setup. No ongoing Service Fee applies to remote placements, as the team member does not work from our facilities.

6.4 Love us or leave us (Core Plan transfers). If you move an existing virtual assistant from another provider to the Core Plan, the Service Fee for your first four (4) weeks is waived. If you are not satisfied, you may end the engagement by written notice within those four weeks and pay no Service Fee for that period, with no cancellation notice period or Early-Exit Fee. Otherwise, the Minimum Commitment Period starts when the four free weeks end.

7. Placement Guarantee & Free Replacement

Under the Signature Plan, if a team member resigns, or is not performing and needs to be replaced, at any time during the engagement, Desk & VA will provide a replacement candidate at no additional charge, provided your account is up to date. Under the Core Plan and for remote placements, if a recruited team member resigns, or is not performing and needs to be replaced, within one hundred and twenty (120) days of their start date, Desk & VA will provide a replacement candidate at no additional Recruitment Fee, provided your account is up to date and you have met your obligations under these Terms. Replacements are handled in accordance with clause 3 as in effect at the time of the request.

8. Non-Solicitation & Hire-Away Fee

8.1 For twelve (12) months after the last day of service, the Client must not directly hire or contract with any Desk & VA staff member without our prior written consent.

8.2 If the Client breaches clause 8.1, the Client shall pay a Hire-Away Fee equal to 50% of the staff member’s projected first-year gross remuneration. The parties agree that this amount is a genuine pre-estimate of the loss Desk & VA would suffer as a result, taking into account the costs of recruitment, screening, training, and the operational downtime caused by the loss of a trained staff member, and is not a penalty.

9. Workstation Use, Equipment & IT Support

9.1 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, agreed in advance.

9.2 Client-purchased equipment (Core Plan). Where Desk & VA assists in purchasing equipment on behalf of the Client, title transfers to the Client on full payment, and risk passes to the Client on delivery.

9.3 Desk & VA-provided equipment (Signature Plan). Equipment provided as part of the Signature Plan remains the property of Desk & VA at all times. On termination of the engagement, the Client must return, or make available for collection, all such equipment in good condition. The Client is responsible for loss of, or damage to, that equipment beyond fair wear and tear.

10. Client Responsibilities

Clients must supply clear role descriptions, timely feedback, and adequate onboarding resources. Clients are responsible for the day-to-day management of their team member, their own data security policies, and ensuring compliance with all applicable employment laws in their jurisdiction.

11. Confidentiality & Intellectual Property

Both parties agree to safeguard each other’s confidential information. Unless otherwise agreed, intellectual property created by a team member in the course of their duties vests in the Client on full payment of all fees.

12. Data Protection & Privacy

Each party will handle personal information in accordance with applicable privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and — in respect of information handled in the Philippines — the Data Privacy Act of 2012 (Republic Act No. 10173). Desk & VA’s handling of personal information is described in our Privacy Policy, which forms part of these Terms. Each party will implement reasonable safeguards to protect personal information shared in connection with the Services.

13. Marketing Consent

Desk & VA may list the Client’s name and logo on its website and marketing materials. Clients may opt out at any time by notifying us in writing.

14. Taxes

All fees are exclusive of GST, VAT, or similar taxes unless stated. Clients are responsible for any taxes applicable in their jurisdiction.

15. Force Majeure & Business Continuity

Desk & VA will not be liable for delays or failure to perform due to events beyond its reasonable control (for example, natural disasters, pandemics, civil unrest, or widespread internet outages). Business-continuity plans may include temporary remote-work arrangements. Where Desk & VA continues to provide the Services (including through a temporary remote arrangement), Service Fees remain payable during such periods.

16. Cancellation & Termination

16.1 Desk & VA may terminate an Engagement Agreement immediately if the Client:

• fails to pay any invoice within fourteen (14) days of the due date and does not pay it within seven (7) days of a written reminder;
• breaches these Terms and fails to remedy the breach within seven (7) days of notice;
• engages in illegal, discriminatory, or abusive behaviour toward staff; or
• solicits or hires Desk & VA personnel in breach of clause 8.

16.2 Clients may cancel in accordance with clause 4. Any prepaid but unused Service Fees beyond the notice period will be credited or refunded, less any outstanding charges, including any lost prepayment discount and Early-Exit Fee under clause 5.3.

17. Consumer Guarantees (Australian Consumer Law)

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted, or modified. Where our liability for a failure to comply with a consumer guarantee can be limited (and the goods or services are not of a kind ordinarily acquired for personal, domestic, or household use), our liability is limited, at our option, to re-supplying the Services (or paying the cost of re-supply). This clause applies in addition to, and prevails over, clause 18 to the extent of any inconsistency.

18. Limitation of Liability

Subject to clause 17, and to the maximum extent permitted by law, Desk & VA’s aggregate liability under any Engagement Agreement shall not exceed the fees paid by the Client in the three (3) months preceding the event giving rise to the liability.

19. Notices

Notices to Desk & VA must be sent by email to admin@deskandva.com. Notices to the Client may be sent by email to the address in the Engagement Agreement, or the address the Client most recently gave us in writing. All notices are deemed received at 9:00 AM in the recipient’s principal place of business on the next business day after dispatch.

20. Assignment

Desk & VA may assign or subcontract its obligations. The Client may not assign an Engagement Agreement without our prior written consent, which will not be unreasonably withheld.

21. Modifications

Desk & VA may amend these Terms by posting an updated version at https://deskandva.com/terms-of-service/ and notifying you by email at least thirty (30) days before the changes take effect. If you do not accept a change, you may terminate the affected engagement without penalty by giving written notice before the change takes effect, subject to the applicable cancellation notice in clause 4.

22. 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 New South Wales.
• Engagements invoiced by Prestige United Ventures Inc. are governed by Philippine law, with disputes submitted to the courts of Dumaguete City.

Before either party starts court proceedings (other than for urgent interim relief), the parties will first try to resolve the dispute by good-faith negotiation for fourteen (14) days after one party gives the other written notice of it. If the dispute is not resolved, the parties will attempt mediation with a mediator they agree on, sharing the mediator’s fees equally.