Insurance Plans
Healthcare Coverage for Your Virtual Assistant
At Homebased Advantage, we understand the challenges faced by remote employees who work from home in the Philippines but are employed by companies based in the United States. When it comes to insurance, the US has a complex system with several important factors to consider, such as coverage, deductible amounts, and maximum out-of-pocket expenses. These factors can greatly impact the level of protection and peace of mind one has in case of a medical emergency.
In the Philippines, the situation is even more challenging for uninsured individuals who must pay for their medical exams, tests, and medications before receiving care. This financial burden can be overwhelming, especially in the event of a serious illness or injury. For those who are insured, the type of insurance they hold often dictates the level of care they receive, including the type of room they occupy and the medication they receive.
At Homebased Advantage, we believe that every remote employee deserves access to quality healthcare, regardless of where they work from. That’s why we’ve made it our mission to offer the best insurance options for Filipino remote workers. Our plans are designed to provide comprehensive coverage that includes a private room, a yearly coverage of 200,000 PHP per illness, coverage for pre-existing conditions, and more. We understand the importance of access to quality healthcare and strive to provide top-notch insurance plans that cater to the unique needs of remote employees.
Our goal is to make quality insurance accessible to everyone, without any exceptions. We believe that health insurance should be a right, not a privilege, and we are committed to finding the best options for you and your remote employees in the Philippines. Let us help you bridge the gap and provide your remote employees with the peace of mind they deserve.
Room Types
We understand the importance of access to quality healthcare, especially when it comes to hospitalization. In the Philippines, the type of hospital room a patient occupies greatly impacts the level of care and amenities they receive while admitted. It is not uncommon for patients to be confined to a shared room with limited privacy, which can be a stressful experience during an already challenging time.
That’s why we’re proud to offer the Private Room option to our insurance holders. We believe that every patient deserves to have a comfortable and private space where they can rest, recover, and receive the best possible care. Our insurance plans are designed to provide our clients with the option of occupying a private room, which can greatly enhance their hospital experience.
Out of Pocket Maximum
At Homebased Advantage, we prioritize the essential features of Filipino insurance, one of which is the Out of Pocket Maximum. We differentiate ourselves from other providers by offering a significantly higher allowance of 200,000 PHP per illness, per year. This sets us apart in the market and positions us as a leader in providing top-notch insurance options for Filipinos.
Our focus on the Out of Pocket Maximum allows us to provide our clients with peace of mind, knowing that they have one of the highest allowances available in the market. At Homebased Advantage, we believe in going above and beyond to ensure that our clients receive the best possible protection and coverage.
Nationwide Coverage
Our insurance plans provide comprehensive coverage with a broad range of healthcare options. Our extensive network of over 1,700 accredited hospitals and clinics guarantees that our clients have access to high-quality medical care. Whether you’re in a rural or urban area, our comprehensive network of healthcare providers ensures that you’ll always have access to top-notch medical care.
Insurance Plans
Our insurance plans provide a solid and stable coverage option with no long-term commitments. Our clients can trust that their coverage will remain consistent, without the need for adjustments. This offers peace of mind and a dependable solution for healthcare needs.
Moreover, we understand the importance of providing comprehensive coverage for families, and that’s why all of our plans include at least one family member in addition to your Filipino team member. This helps to keep rates affordable and ensure that families have access to quality healthcare.
Comprehensive
1 Employee plus 1 Family Member- 1 Family Member Included (based on hierarchy)
- 200,000PHP Maximum Benefit Limit (per illness per year) for each member
- Pre-existing Conditions Covered
- Dental Coverage
- Covid Care Coverage
- 100,000PHP Life Insurance Policy Included (employee only)
- Month-to-Month
- 2-Month Minimum Commitment
- $98 Startup Fee
Advanced
1 Employee plus 2 Family Members- 2 Family Members Included (based on hierarchy)
- 200,000PHP Maximum Benefit Limit (per illness per year) for each member
- Pre-existing Conditions Covered
- Dental Coverage
- Covid Care Coverage
- 100,000PHP Life Insurance Policy Included (employee only)
- Month-to-Month
- 2-Month Minimum Commitment
- $147 Startup Fee
Most Popular
Complete
1 Employee plus 3 Family Members- 3 Family Members Included (based on hierarchy)
- 200,000PHP Maximum Benefit Limit (per illness per year) for each member
- Pre-existing Conditions Covered
- Dental Coverage
- Covid Care Coverage
- 100,000PHP Life Insurance Policy Included (employee only)
- Month-to-Month
- 2-Month Minimum Commitment
- $196 Startup Fee
Discounts available for 6- and 12-month prepayments
Contact us at info@myva.ph for more information
View full plan details and benefits below
Please read this entire document before continuing
Services Agreement
This Services Agreement (this “Agreement“), dated as of the date that Customer assents to this via the Service Provider’s website or portal (the “Effective Date“), is by and between PH Direct LLC d/b/a Homebased Advantage, a Texas limited liability company (“Service Provider“) and you (“Customer“).
- Services. Service Provider shall provide to Customer administrative services of Customer’s independent contractors and virtual assistants (“VA”) (the “Services“).
- Services Conditions, Sign Up, Fees, and Billing. For the Services to be performed hereunder, Customer shall pay to Service Provider (against Service Provider’s invoice) a fixed monthly fee along with an initial startup fee for each VA insured (the “Fee”) due immediately upon receipt. The fees vary according to the type of package chosen by the Customer. The currently available packages are:
- 1 primary + 1 dependent: $98 initial startup fee; $129/month
- 1 primary + 2 dependents: $147 initial startup fee; $204/month
- 1 primary + 3 dependents: $196 initial startup fee; $279/month
At the sole discretion of the Service Provider, the Fee may be subject to annual increases, but not more than once per calendar year, with a max 10% increase. Services shall be invoiced every month on the 20th of the month for the following month’s Services. Customer must sign up new VAs prior to the 20th of each month for such VAs coverage to begin on the first of the following month. If Customer is unable to sign up a VA by the 20th of each month, that particular VA’s coverage will not begin until the month after the following month. Customer shall maintain a valid credit card on Service Provider’s third-party payment processor. If payment is not received by the 25th day of each month, the following month’s Services shall be cancelled. If Services are cancelled for any reason, the Customer will be required to initiate the signing up process again, including being charged any applicable startup fees. Customer will require its VAs to fill out all necessary paperwork for the Service Provider to provide the Services. Customer’s VA must be a citizen of the Philippines. NO MONIES, INCLUDING ANY FEES OR LATE FEES, WILL BE REFUNDED UNLESS SERVICE PROVIDER IS UNABLE TO PROVIDE SERVICES. ANY ATTEMPT AT A CHARGEBACK BY THE CUSTOMER WILL RESULT IN A PENALTY OF $500 PER ATTEMPTED CHARGEBACK TO RECOVER LOST TIME AND DAMAGES. Customer agrees to abide by the rules and conditions set forth by the insurance provider in the Philippines. Further, Customer agrees to abide by the rules set forth below regarding the signing up of its VAs and their dependents. Service provider does not cover the government portion for Customer’s VA, if applicable. Each VA should contribute monthly contributions to the appropriate entity on their own if they want that covered. Customer shall require their VAs to fill out any necessary paperwork so that Service Provider may provide the Services.
- Coverage Availability and Hierarchy Policy for Enrollment of Dependents. Coverage is currently provided by PhilCare. The following are the rules and regulations regarding the dependents of VAs that might be eligible for the Services.
HIERARCHY POLICY FOR ENROLLMENT OF DEPENDENTS
- Only the immediate family members can be enrolled as dependent.
- Age eligibility:
- For adult dependent, you can enroll 18 years old up to 64 years old.
- For minor dependent, you can enroll from 15 days old up to 20 years old.
- For married employees, they should enroll first the spouse prior to the children.
- For single employees, they should enroll their parents first prior to their siblings.
- For single parents, they could enroll either their parents or their children.
VALID REASONS FOR SKIPPING THE HIERARCHY
- The immediate family is already deceased. Death certificate required.
- The immediate family is working abroad. Proof such as visa or employment certificate/contract required.
- The immediate family has same or other HMO coverage. A certificate of coverage with validity is needed.
- For married couples not living together, an affidavit of separation will suffice.
Proof of dependent ineligibility:
- For SINGLE:
- Senior Citizen ID (if parents are above 65 years of age)
- Death certificate of parents (if deceased)
- Visa or employment contract (if parents are located abroad)
- For MARRIED:
- Affidavit of separation from the barangay (for separated)
- Death certificate (if spouse is deceased)
- HMO card (if spouse has their own HMO)
- Visa or employment contract (if spouse is located abroad)
Service Provider reserves the right to modify this section at its own discretion and without warning.
- Confidentiality. From time to time during the Term of this Agreement, either Party (as the “Disclosing Party”) may disclose or make available to the other Party (as the “Receiving Party”), non-public, proprietary, and confidential information of Disclosing Party that, if disclosed in writing or other tangible form is clearly labeled as “confidential,” or if disclosed orally, is identified as confidential when disclosed and within five (5) days thereafter, is summarized in writing and confirmed as confidential (“Confidential Information”); provided, however, that Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Receiving Party’s breach of this Section; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in Receiving Party’s possession prior to Disclosing Party’s disclosure hereunder; or (d) was or is independently developed by Receiving Party without using any Confidential Information. The Receiving Party shall: (x) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (y) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (z) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s Group who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party’s sole cost and expense, a protective order or other remedy. For purposes of this Section only, Receiving Party’s Group shall mean the Receiving Party’s, attorneys, accountants, and financial advisors.
- Term and Termination. This Agreement shall commence as of the Effective Date for a minimum of two months (the “Initial Term”) and shall continue thereafter monthly (the “Term“). After the Initial Term, either party prior to the 20th of any month may cancel the Service for the following month with such notice provided to the other party by email. If Service Provider’s insurance carrier or provider in the Philippines cancels its insurance or programs, then Service Provider shall be allowed sixty days to find alternative insurance for Customer’s VAs. If Service Provider is unable to find alternative insurance, then this Agreement is automatically cancelled.
- Independent Contractor. It is understood and acknowledged that in providing the Services, Service Provider acts in the capacity of an independent contractor and not as an employee or agent of the Customer. Service Provider shall control the conditions, time, details, and means by which Service Provider performs the Services. Customer shall have the right to inspect the work of Service Provider as it progresses solely for the purpose of determining whether the work is completed according to this Agreement. Service Provider has no authority to commit, act for or on behalf of Customer, or to bind Customer to any obligation or liability. Service Provider shall not be eligible for and shall not receive any employee benefits from Customer and shall be solely responsible for the payment of all taxes, FICA, federal and state unemployment insurance contributions, state disability premiums, and all similar taxes and fees relating to the fees earned by Service Provider hereunder.
- Compliance with Law. Service Provider is in compliance with and shall comply with all applicable laws, regulations, and ordinances. Service Provider has and shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to carry out its obligations under this Agreement.
- General. Each of the parties hereto shall use reasonable efforts to, from time to time at the request and sole expense of the other party/of the other party, without any additional consideration, furnish the other party such further information or assurances, execute and deliver such additional documents, instruments, and conveyances, and take such other actions and do such other things, as may be reasonably necessary to carry out the provisions of this Agreement and give effect to the transactions contemplated hereby. Each party shall deliver all communications in writing either in person, by certified or registered mail, return receipt requested and postage prepaid, by facsimile or email (with confirmation of transmission), or by recognized overnight courier service, and addressed to the other party at the addresses set forth above (or to such other address that the receiving party may designate from time to time in accordance with this section). This Agreement and all matters arising out of or relating to this Agreement are governed by, and construed in accordance with, the laws of Texas, without giving effect to any conflict of laws provisions thereof that would result in the application of the laws of a different jurisdiction. Either party shall institute any legal suit, action, or proceeding arising out of or relating to this Agreement in the federal or state courts in each case located in Austin, Travis County, Texas. EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY: (A) CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE AFOREMENTIONED COURTS; AND (B) WAIVES ANY OBJECTION TO THAT CHOICE OF FORUM BASED ON VENUE OR TO THE EFFECT THAT THE FORUM IS NOT CONVENIENT. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous written or oral understandings, agreements, representations, and warranties with respect to such subject matter. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. The parties may not amend this Agreement except by written instrument signed by the parties. No waiver of any right, remedy, power, or privilege under this Agreement (“Right(s)“) is effective unless contained in a writing signed by the party charged with such waiver. No failure to exercise, or delay in exercising, any Right operates as a waiver thereof. No single or partial exercise of any Right precludes any other or further exercise thereof or the exercise of any other Right. The Rights under this Agreement are cumulative and are in addition to any other rights and remedies available at law or in equity or otherwise. Neither party may directly or indirectly assign, transfer, or delegate any of or all of its rights or obligations under this Agreement, voluntarily or involuntarily, including by change of control, merger (whether or not such party is the surviving entity), operation of law, or any other manner, without the prior written consent of the other party. Any purported assignment or delegation in violation of this Section shall be null and void. This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns. Except for the parties, their successors and permitted assigns, there are no third-party beneficiaries under this Agreement. Any provision that, in order to give proper effect to its intent, should survive the expiration or termination of this Agreement, will survive such expiration or termination for the period specified therein, or if nothing is specified for a period of 12 months after such expiration or termination. This Agreement may be executed in counterparts.
- Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such party’s (the “Impacted Party”) failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, pandemic, epidemic, government shutdown, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within five (5) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of ten (10) days following written notice given by it under this Section, the other party may thereafter terminate this Agreement upon fifteen (15) days’ written notice.
By clicking Accept below, I agree to these terms set out in this Services Agreement
Please read this entire document before continuing
Services Agreement
This Services Agreement (this “Agreement“), dated as of the date that Customer assents to this via the Service Provider’s website or portal (the “Effective Date“), is by and between PH Direct LLC d/b/a Homebased Advantage, a Texas limited liability company (“Service Provider“) and you (“Customer“).
- Services. Service Provider shall provide to Customer administrative services of Customer’s independent contractors and virtual assistants (“VA”) (the “Services“).
- Services Conditions, Sign Up, Fees, and Billing. For the Services to be performed hereunder, Customer shall pay to Service Provider (against Service Provider’s invoice) a fixed monthly fee along with an initial startup fee for each VA insured (the “Fee”) due immediately upon receipt. The fees vary according to the type of package chosen by the Customer. The currently available packages are:
- 1 primary + 1 dependent: $98 initial startup fee; $129/month
- 1 primary + 2 dependents: $147 initial startup fee; $204/month
- 1 primary + 3 dependents: $196 initial startup fee; $279/month
At the sole discretion of the Service Provider, the Fee may be subject to annual increases, but not more than once per calendar year, with a max 10% increase. Services shall be invoiced every month on the 20th of the month for the following month’s Services. Customer must sign up new VAs prior to the 20th of each month for such VAs coverage to begin on the first of the following month. If Customer is unable to sign up a VA by the 20th of each month, that particular VA’s coverage will not begin until the month after the following month. Customer shall maintain a valid credit card on Service Provider’s third-party payment processor. If payment is not received by the 25th day of each month, the following month’s Services shall be cancelled. If Services are cancelled for any reason, the Customer will be required to initiate the signing up process again, including being charged any applicable startup fees. Customer will require its VAs to fill out all necessary paperwork for the Service Provider to provide the Services. Customer’s VA must be a citizen of the Philippines. NO MONIES, INCLUDING ANY FEES OR LATE FEES, WILL BE REFUNDED UNLESS SERVICE PROVIDER IS UNABLE TO PROVIDE SERVICES. ANY ATTEMPT AT A CHARGEBACK BY THE CUSTOMER WILL RESULT IN A PENALTY OF $500 PER ATTEMPTED CHARGEBACK TO RECOVER LOST TIME AND DAMAGES. Customer agrees to abide by the rules and conditions set forth by the insurance provider in the Philippines. Further, Customer agrees to abide by the rules set forth below regarding the signing up of its VAs and their dependents. Service provider does not cover the government portion for Customer’s VA, if applicable. Each VA should contribute monthly contributions to the appropriate entity on their own if they want that covered. Customer shall require their VAs to fill out any necessary paperwork so that Service Provider may provide the Services.
- Coverage Availability and Hierarchy Policy for Enrollment of Dependents. Coverage is currently provided by PhilCare. The following are the rules and regulations regarding the dependents of VAs that might be eligible for the Services.
HIERARCHY POLICY FOR ENROLLMENT OF DEPENDENTS
- Only the immediate family members can be enrolled as dependent.
- Age eligibility:
- For adult dependent, you can enroll 18 years old up to 64 years old.
- For minor dependent, you can enroll from 15 days old up to 20 years old.
- For married employees, they should enroll first the spouse prior to the children.
- For single employees, they should enroll their parents first prior to their siblings.
- For single parents, they could enroll either their parents or their children.
VALID REASONS FOR SKIPPING THE HIERARCHY
- The immediate family is already deceased. Death certificate required.
- The immediate family is working abroad. Proof such as visa or employment certificate/contract required.
- The immediate family has same or other HMO coverage. A certificate of coverage with validity is needed.
- For married couples not living together, an affidavit of separation will suffice.
Proof of dependent ineligibility:
- For SINGLE:
- Senior Citizen ID (if parents are above 65 years of age)
- Death certificate of parents (if deceased)
- Visa or employment contract (if parents are located abroad)
- For MARRIED:
- Affidavit of separation from the barangay (for separated)
- Death certificate (if spouse is deceased)
- HMO card (if spouse has their own HMO)
- Visa or employment contract (if spouse is located abroad)
Service Provider reserves the right to modify this section at its own discretion and without warning.
- Confidentiality. From time to time during the Term of this Agreement, either Party (as the “Disclosing Party”) may disclose or make available to the other Party (as the “Receiving Party”), non-public, proprietary, and confidential information of Disclosing Party that, if disclosed in writing or other tangible form is clearly labeled as “confidential,” or if disclosed orally, is identified as confidential when disclosed and within five (5) days thereafter, is summarized in writing and confirmed as confidential (“Confidential Information”); provided, however, that Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Receiving Party’s breach of this Section; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in Receiving Party’s possession prior to Disclosing Party’s disclosure hereunder; or (d) was or is independently developed by Receiving Party without using any Confidential Information. The Receiving Party shall: (x) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (y) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (z) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s Group who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party’s sole cost and expense, a protective order or other remedy. For purposes of this Section only, Receiving Party’s Group shall mean the Receiving Party’s, attorneys, accountants, and financial advisors.
- Term and Termination. This Agreement shall commence as of the Effective Date for a minimum of two months (the “Initial Term”) and shall continue thereafter monthly (the “Term“). After the Initial Term, either party prior to the 20th of any month may cancel the Service for the following month with such notice provided to the other party by email. If Service Provider’s insurance carrier or provider in the Philippines cancels its insurance or programs, then Service Provider shall be allowed sixty days to find alternative insurance for Customer’s VAs. If Service Provider is unable to find alternative insurance, then this Agreement is automatically cancelled.
- Independent Contractor. It is understood and acknowledged that in providing the Services, Service Provider acts in the capacity of an independent contractor and not as an employee or agent of the Customer. Service Provider shall control the conditions, time, details, and means by which Service Provider performs the Services. Customer shall have the right to inspect the work of Service Provider as it progresses solely for the purpose of determining whether the work is completed according to this Agreement. Service Provider has no authority to commit, act for or on behalf of Customer, or to bind Customer to any obligation or liability. Service Provider shall not be eligible for and shall not receive any employee benefits from Customer and shall be solely responsible for the payment of all taxes, FICA, federal and state unemployment insurance contributions, state disability premiums, and all similar taxes and fees relating to the fees earned by Service Provider hereunder.
- Compliance with Law. Service Provider is in compliance with and shall comply with all applicable laws, regulations, and ordinances. Service Provider has and shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to carry out its obligations under this Agreement.
- General. Each of the parties hereto shall use reasonable efforts to, from time to time at the request and sole expense of the other party/of the other party, without any additional consideration, furnish the other party such further information or assurances, execute and deliver such additional documents, instruments, and conveyances, and take such other actions and do such other things, as may be reasonably necessary to carry out the provisions of this Agreement and give effect to the transactions contemplated hereby. Each party shall deliver all communications in writing either in person, by certified or registered mail, return receipt requested and postage prepaid, by facsimile or email (with confirmation of transmission), or by recognized overnight courier service, and addressed to the other party at the addresses set forth above (or to such other address that the receiving party may designate from time to time in accordance with this section). This Agreement and all matters arising out of or relating to this Agreement are governed by, and construed in accordance with, the laws of Texas, without giving effect to any conflict of laws provisions thereof that would result in the application of the laws of a different jurisdiction. Either party shall institute any legal suit, action, or proceeding arising out of or relating to this Agreement in the federal or state courts in each case located in Austin, Travis County, Texas. EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY: (A) CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE AFOREMENTIONED COURTS; AND (B) WAIVES ANY OBJECTION TO THAT CHOICE OF FORUM BASED ON VENUE OR TO THE EFFECT THAT THE FORUM IS NOT CONVENIENT. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous written or oral understandings, agreements, representations, and warranties with respect to such subject matter. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. The parties may not amend this Agreement except by written instrument signed by the parties. No waiver of any right, remedy, power, or privilege under this Agreement (“Right(s)“) is effective unless contained in a writing signed by the party charged with such waiver. No failure to exercise, or delay in exercising, any Right operates as a waiver thereof. No single or partial exercise of any Right precludes any other or further exercise thereof or the exercise of any other Right. The Rights under this Agreement are cumulative and are in addition to any other rights and remedies available at law or in equity or otherwise. Neither party may directly or indirectly assign, transfer, or delegate any of or all of its rights or obligations under this Agreement, voluntarily or involuntarily, including by change of control, merger (whether or not such party is the surviving entity), operation of law, or any other manner, without the prior written consent of the other party. Any purported assignment or delegation in violation of this Section shall be null and void. This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns. Except for the parties, their successors and permitted assigns, there are no third-party beneficiaries under this Agreement. Any provision that, in order to give proper effect to its intent, should survive the expiration or termination of this Agreement, will survive such expiration or termination for the period specified therein, or if nothing is specified for a period of 12 months after such expiration or termination. This Agreement may be executed in counterparts.
- Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such party’s (the “Impacted Party”) failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, pandemic, epidemic, government shutdown, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within five (5) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of ten (10) days following written notice given by it under this Section, the other party may thereafter terminate this Agreement upon fifteen (15) days’ written notice.
By clicking Accept below, I agree to these terms set out in this Services Agreement
Please read this entire document before continuing
Services Agreement
This Services Agreement (this “Agreement“), dated as of the date that Customer assents to this via the Service Provider’s website or portal (the “Effective Date“), is by and between PH Direct LLC d/b/a Homebased Advantage, a Texas limited liability company (“Service Provider“) and you (“Customer“).
- Services. Service Provider shall provide to Customer administrative services of Customer’s independent contractors and virtual assistants (“VA”) (the “Services“).
- Services Conditions, Sign Up, Fees, and Billing. For the Services to be performed hereunder, Customer shall pay to Service Provider (against Service Provider’s invoice) a fixed monthly fee along with an initial startup fee for each VA insured (the “Fee”) due immediately upon receipt. The fees vary according to the type of package chosen by the Customer. The currently available packages are:
- 1 primary + 1 dependent: $98 initial startup fee; $129/month
- 1 primary + 2 dependents: $147 initial startup fee; $204/month
- 1 primary + 3 dependents: $196 initial startup fee; $279/month
At the sole discretion of the Service Provider, the Fee may be subject to annual increases, but not more than once per calendar year, with a max 10% increase. Services shall be invoiced every month on the 20th of the month for the following month’s Services. Customer must sign up new VAs prior to the 20th of each month for such VAs coverage to begin on the first of the following month. If Customer is unable to sign up a VA by the 20th of each month, that particular VA’s coverage will not begin until the month after the following month. Customer shall maintain a valid credit card on Service Provider’s third-party payment processor. If payment is not received by the 25th day of each month, the following month’s Services shall be cancelled. If Services are cancelled for any reason, the Customer will be required to initiate the signing up process again, including being charged any applicable startup fees. Customer will require its VAs to fill out all necessary paperwork for the Service Provider to provide the Services. Customer’s VA must be a citizen of the Philippines. NO MONIES, INCLUDING ANY FEES OR LATE FEES, WILL BE REFUNDED UNLESS SERVICE PROVIDER IS UNABLE TO PROVIDE SERVICES. ANY ATTEMPT AT A CHARGEBACK BY THE CUSTOMER WILL RESULT IN A PENALTY OF $500 PER ATTEMPTED CHARGEBACK TO RECOVER LOST TIME AND DAMAGES. Customer agrees to abide by the rules and conditions set forth by the insurance provider in the Philippines. Further, Customer agrees to abide by the rules set forth below regarding the signing up of its VAs and their dependents. Service provider does not cover the government portion for Customer’s VA, if applicable. Each VA should contribute monthly contributions to the appropriate entity on their own if they want that covered. Customer shall require their VAs to fill out any necessary paperwork so that Service Provider may provide the Services.
- Coverage Availability and Hierarchy Policy for Enrollment of Dependents. Coverage is currently provided by PhilCare. The following are the rules and regulations regarding the dependents of VAs that might be eligible for the Services.
HIERARCHY POLICY FOR ENROLLMENT OF DEPENDENTS
- Only the immediate family members can be enrolled as dependent.
- Age eligibility:
- For adult dependent, you can enroll 18 years old up to 64 years old.
- For minor dependent, you can enroll from 15 days old up to 20 years old.
- For married employees, they should enroll first the spouse prior to the children.
- For single employees, they should enroll their parents first prior to their siblings.
- For single parents, they could enroll either their parents or their children.
VALID REASONS FOR SKIPPING THE HIERARCHY
- The immediate family is already deceased. Death certificate required.
- The immediate family is working abroad. Proof such as visa or employment certificate/contract required.
- The immediate family has same or other HMO coverage. A certificate of coverage with validity is needed.
- For married couples not living together, an affidavit of separation will suffice.
Proof of dependent ineligibility:
- For SINGLE:
- Senior Citizen ID (if parents are above 65 years of age)
- Death certificate of parents (if deceased)
- Visa or employment contract (if parents are located abroad)
- For MARRIED:
- Affidavit of separation from the barangay (for separated)
- Death certificate (if spouse is deceased)
- HMO card (if spouse has their own HMO)
- Visa or employment contract (if spouse is located abroad)
Service Provider reserves the right to modify this section at its own discretion and without warning.
- Confidentiality. From time to time during the Term of this Agreement, either Party (as the “Disclosing Party”) may disclose or make available to the other Party (as the “Receiving Party”), non-public, proprietary, and confidential information of Disclosing Party that, if disclosed in writing or other tangible form is clearly labeled as “confidential,” or if disclosed orally, is identified as confidential when disclosed and within five (5) days thereafter, is summarized in writing and confirmed as confidential (“Confidential Information”); provided, however, that Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Receiving Party’s breach of this Section; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in Receiving Party’s possession prior to Disclosing Party’s disclosure hereunder; or (d) was or is independently developed by Receiving Party without using any Confidential Information. The Receiving Party shall: (x) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (y) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (z) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s Group who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party’s sole cost and expense, a protective order or other remedy. For purposes of this Section only, Receiving Party’s Group shall mean the Receiving Party’s, attorneys, accountants, and financial advisors.
- Term and Termination. This Agreement shall commence as of the Effective Date for a minimum of two months (the “Initial Term”) and shall continue thereafter monthly (the “Term“). After the Initial Term, either party prior to the 20th of any month may cancel the Service for the following month with such notice provided to the other party by email. If Service Provider’s insurance carrier or provider in the Philippines cancels its insurance or programs, then Service Provider shall be allowed sixty days to find alternative insurance for Customer’s VAs. If Service Provider is unable to find alternative insurance, then this Agreement is automatically cancelled.
- Independent Contractor. It is understood and acknowledged that in providing the Services, Service Provider acts in the capacity of an independent contractor and not as an employee or agent of the Customer. Service Provider shall control the conditions, time, details, and means by which Service Provider performs the Services. Customer shall have the right to inspect the work of Service Provider as it progresses solely for the purpose of determining whether the work is completed according to this Agreement. Service Provider has no authority to commit, act for or on behalf of Customer, or to bind Customer to any obligation or liability. Service Provider shall not be eligible for and shall not receive any employee benefits from Customer and shall be solely responsible for the payment of all taxes, FICA, federal and state unemployment insurance contributions, state disability premiums, and all similar taxes and fees relating to the fees earned by Service Provider hereunder.
- Compliance with Law. Service Provider is in compliance with and shall comply with all applicable laws, regulations, and ordinances. Service Provider has and shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to carry out its obligations under this Agreement.
- General. Each of the parties hereto shall use reasonable efforts to, from time to time at the request and sole expense of the other party/of the other party, without any additional consideration, furnish the other party such further information or assurances, execute and deliver such additional documents, instruments, and conveyances, and take such other actions and do such other things, as may be reasonably necessary to carry out the provisions of this Agreement and give effect to the transactions contemplated hereby. Each party shall deliver all communications in writing either in person, by certified or registered mail, return receipt requested and postage prepaid, by facsimile or email (with confirmation of transmission), or by recognized overnight courier service, and addressed to the other party at the addresses set forth above (or to such other address that the receiving party may designate from time to time in accordance with this section). This Agreement and all matters arising out of or relating to this Agreement are governed by, and construed in accordance with, the laws of Texas, without giving effect to any conflict of laws provisions thereof that would result in the application of the laws of a different jurisdiction. Either party shall institute any legal suit, action, or proceeding arising out of or relating to this Agreement in the federal or state courts in each case located in Austin, Travis County, Texas. EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY: (A) CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE AFOREMENTIONED COURTS; AND (B) WAIVES ANY OBJECTION TO THAT CHOICE OF FORUM BASED ON VENUE OR TO THE EFFECT THAT THE FORUM IS NOT CONVENIENT. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous written or oral understandings, agreements, representations, and warranties with respect to such subject matter. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. The parties may not amend this Agreement except by written instrument signed by the parties. No waiver of any right, remedy, power, or privilege under this Agreement (“Right(s)“) is effective unless contained in a writing signed by the party charged with such waiver. No failure to exercise, or delay in exercising, any Right operates as a waiver thereof. No single or partial exercise of any Right precludes any other or further exercise thereof or the exercise of any other Right. The Rights under this Agreement are cumulative and are in addition to any other rights and remedies available at law or in equity or otherwise. Neither party may directly or indirectly assign, transfer, or delegate any of or all of its rights or obligations under this Agreement, voluntarily or involuntarily, including by change of control, merger (whether or not such party is the surviving entity), operation of law, or any other manner, without the prior written consent of the other party. Any purported assignment or delegation in violation of this Section shall be null and void. This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns. Except for the parties, their successors and permitted assigns, there are no third-party beneficiaries under this Agreement. Any provision that, in order to give proper effect to its intent, should survive the expiration or termination of this Agreement, will survive such expiration or termination for the period specified therein, or if nothing is specified for a period of 12 months after such expiration or termination. This Agreement may be executed in counterparts.
- Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such party’s (the “Impacted Party”) failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, pandemic, epidemic, government shutdown, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within five (5) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of ten (10) days following written notice given by it under this Section, the other party may thereafter terminate this Agreement upon fifteen (15) days’ written notice.
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