Last Modified: August 28, 2025

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Introduction

 

ClearDesk, LLC (“Us” or “We”) provides the website www.cleardesk.com and various related services (collectively, the “Site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this Site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

 

**BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.**

 

Modifications to Terms of Use

 

These Terms of Use are effective as of the “Last Modified” date identified at the bottom of this page. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use periodically and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment of the modified Terms of Use and an agreement to abide by and be bound by the modified Terms of Use. However, for any material modifications to the Terms of Use or if such modifications materially alter your rights or obligations hereunder, such amended Terms of Use will automatically be effective upon the earlier of (i) your continued use of this site with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Use on this site. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Use in effect at the time such dispute arose.

 

Affiliates

 

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and include (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.
 

Overview of Our Services

 

To ensure the quality of the ClearDesk, LLC experience, we have established terms of service for mutual benefit. Violation of these rules may result in the termination of your account.

 

1. Non-Transferability: Requests and tasks assigned to your ClearDesk remote team members are non-transferable. You may purchase a plan for others, but ownership of your ClearDesk, LLC account is not transferable.

2. Weekly Hour Limits: All ClearDesk, LLC plans are subject to weekly hour limits based on plan type. Unused hours do not carry over to the following week.

3. Price Adjustments: ClearDesk, LLC reserves the right to adjust monthly subscription prices without notice after the contracted period. Additional fees may apply for custom solutions outside standard service offerings.

4. Payment Issues: If a credit card or form of payment is declined, the client has 48 hours to resolve the issue. Failure to do so may result in termination or suspension of service by ClearDesk, LLC.

5. Material Breach: Any agreement for services requiring payment outside ClearDesk, LLC constitutes a material breach and may result in cancellation without a refund.

 

Term

 

ClearDesk, LLC's plans are structured as monthly agreements, commencing on the onboarding date of your remote team members. It should be noted that specific industries and groups may have time commitments that override this standard arrangement.

 

Requests & Tasks

 

Each request (task) for your ClearDesk remote team members must be submitted by phone, email, or SMS. You’re welcome to submit multiple tasks at one time. You will have one ClearDesk remote team member dedicated to your tasks and needs. Furthermore, you may request a change of remote team members at any time, at no additional cost. This process will be completed by us within a reasonable time frame (usually 1-2 weeks), though exceptions may occur.

 

If you ever feel your service could be improved, you can contact us by telephone or email at help@cleardesk.com.

 

Ownership and Confidentiality of Work Product

 

If a ClearDesk remote team member creates original work for you, such as research projects, reports, templates, spreadsheets, forms, etc. (“Work Product”), ClearDesk, LLC grants you a non-exclusive, royalty-free, perpetual, irrevocable, non-transferable license to use the Work Product for your own personal and commercial purposes.

 

You retain sole ownership of your confidential information and intellectual property. To avoid doubt, if your confidential information or intellectual property is incorporated into the Work Product, it will be removed before any use or disclosure by ClearDesk, LLC to a third party.

 

As used in these Terms of Service, your confidential information means non-public information that you provide to ClearDesk, LLC or a ClearDesk remote team member, including your personal information (e.g., name, social security number, credit card information), but excludes information that (1) becomes public other than through unauthorized disclosure; (2) was known to ClearDesk, LLC or a ClearDesk remote team member before disclosure; (3) is developed independently by ClearDesk, LLC or a ClearDesk remote team member without using your confidential information; or (4) ClearDesk, LLC is required to disclose by law.

 

As used in these Terms of Service, your intellectual property means patents, trademarks, copyrights owned by you, and any insights, knowledge, or ideas provided by you related to the creation of the Work Product.

 

7-Day Money-Back Guarantee

 

If for any reason you are not fully satisfied with your assistant within the first 7 days of service, we offer a 100% money-back guarantee. To request a refund, please notify us in writing by the 7th working day of service.

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Termination of Service

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We reserve the right to terminate a ClearDesk, LLC client’s service at any time, for any reason. If this occurs, you will receive a prorated refund at the standard monthly rate for any prepaid period. 

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Rarely and under exceptional circumstances, we may terminate our relationship with a client for reasons including:

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• Constant requests for tasks outside the service plan without feasible solutions.

• Abusive behavior towards ClearDesk remote team members or others.

• Requests for illegal or unethical tasks.

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To terminate service, we require a written request a minimum of 5 business days before the beginning of the next service period.

 

Non-Solicitation Provision

 

I acknowledge that ClearDesk has made substantial investments in recruiting, training, and matching skilled ClearDesk assistants with each of its members including me, and that ClearDesk has a legitimate interest in earning a reasonable return on those investments. I also acknowledge that ClearDesk has agreements with ClearDesk assistants that protect this interest by requiring that ClearDesk assistants obtain ClearDesk's prior written consent before accepting any direct engagement (whether as an employee, consultant, contractor, or otherwise) with the ClearDesk member to whom they were assigned.
 
Accordingly, to the fullest extent permitted under applicable law, I agree that during my membership and for a period of twenty-four (24) months immediately following the termination of my relationship with ClearDesk for any reason, whether voluntary or involuntary, with or without cause, I shall not directly or indirectly solicit any ClearDesk assistant who is assigned to me at that time or who was assigned to me within the six months preceding termination of my relationship with ClearDesk to leave his or her employment with ClearDesk and to work for me in any engagement directly or indirectly.
 
Should any solicitation by me become a substantial factor resulting in a ClearDesk assistant leaving ClearDesk and accepting an engagement with me directly or indirectly without ClearDesk's consent, I agree to pay ClearDesk as liquidated damages calculated to compensate ClearDesk for its lost investments and not as a penalty of any kind, a one-time fee equivalent to two years of my monthly ClearDesk subscription in effect at the most recent date that the ClearDesk assistant had been assigned to me by ClearDesk.

 

Data Rights and Protection

 

ClearDesk, LLC respects customer privacy and data protection laws. If you end your relationship with ClearDesk, LLC, you can request the erasure of your data from our records.

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To ensure ethical and lawful service, we adhere to international and domestic law:

 

1. Obtaining Consent: ClearDesk, LLC drafted our terms of service to be clear and understandable. Customers can give or rescind consent at any time.

2. Data Portability: Customers have the right to access their data from ClearDesk, LLC in an electronic report and reuse it outside our environment.

3. Privacy by Design: ClearDesk, LLC has a comprehensive map of our data collection process and parties with access to that data. We train our staff to maintain customer privacy and continually improve our systems.

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Zoom Policy

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ClearDesk does not share phone numbers or consent collected via Zoom with any third parties, affiliates, or partners. This information is used solely for communication and service purposes within ClearDesk and is never sold or disclosed externally.

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Employee Benefits

 

ClearDesk, LLC provides employee benefits (excluding spot or performance bonuses) to ClearDesk remote team members. Neither ClearDesk, LLC nor ClearDesk remote team members participate in client-sponsored benefit plans. If ClearDesk, LLC, or a ClearDesk remote team member becomes eligible for such plans, we waive participation rights.

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HIPAA Compliance

Client (the "Covered Entity") provides home health services and creates, receives, maintains, and transmits Protected Health Information (PHI). ClearDesk (the "Business Associate") provides recruitment and marketing services and, in doing so, will receive, create, maintain, or transmit PHI from the Covered Entity. 

Protected Health Information (PHI): As defined by HIPAA, PHI includes all individually identifiable health information transmitted or maintained in any form or medium.

• Breach: As defined by the HIPAA Breach Notification Rule, an impermissible use or disclosure of PHI that compromises the security or privacy of the information.

• Other terms: Any other defined terms have the same meaning as they do under HIPAA and its implementing regulations. 

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Permitted Uses and Disclosures of PHI

• Performance of Services: The Business Associate may use and disclose PHI to perform recruitment services for the Covered Entity, as specified in the underlying recruitment services agreement. This includes gathering applicant information (e.g., medical credentials, certifications, medical test results), running background checks, and verifying employment and references.

• Minimum Necessary: The Business Associate agrees to limit its use and disclosure of PHI to the "minimum necessary" to accomplish the intended purpose.

• Required by Law: The Business Associate may disclose PHI if required by law. 

 

Prohibited Uses and Disclosures of PHI

• No Other Purpose: The Business Associate shall not use or disclose PHI for any purpose other than those permitted by this Agreement or the underlying services agreement.

• No Personal Use: The Business Associate shall not use PHI for its own or its employees' personal benefit.

• No Unauthorized Access: The Business Associate shall not permit unauthorized access to PHI. 

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Obligations of Business Associate
The Business Associate agrees to:

• Appropriate Safeguards: Implement appropriate administrative, physical, and technical safeguards to prevent unauthorized use or disclosure of PHI. This includes compliance with the HIPAA Security Rule for electronic PHI and providing adequate training to its employees to ensure compliance with HIPAA and to ensure that the actions or omissions of its employees or agents do not cause Business Associate to breach the terms of this agreement.

• Subcontractor Agreements: Ensure any subcontractors or agents that create, receive, or handle PHI on behalf of the Business Associate agree to the same restrictions and conditions as outlined in this Agreement.

• Report Breaches: Report any unauthorized use, disclosure, or breach of unsecured PHI to the Covered Entity immediately, but no later than 24 hours after discovery.

• Provide Access to Records: Make its internal practices, books, and records relating to the use and disclosure of PHI available to the Covered Entity or the HHS Office for Civil Rights (OCR) for compliance purposes.

• Provide PHI Access to Individuals: Cooperate with the Covered Entity to provide individuals with access to their PHI, if required. 

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Obligations of Covered Entity

The Covered Entity agrees to:

• Limit PHI Disclosures: Notify the Business Associate of any limitations on the use or disclosure of PHI that the Covered Entity has agreed to.

• Notify of Changes: Inform the Business Associate of any changes to the Privacy Rule that may affect the Business Associate's use or disclosure of PHI. 

 

Termination

• Material Breach: The Covered Entity may terminate this Agreement and the underlying services agreement if the Business Associate violates a material term of the contract.

• Effect of Termination: Upon termination, the Business Associate must, if feasible, return or destroy all PHI created, received, or maintained on behalf of the Covered Entity. The Business Associate must retain no copies of the PHI. 

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Miscellaneous

• Regulatory References: A reference to HIPAA or its implementing regulations shall mean the law or regulations as amended from time to time.

• Legal Force: This Agreement is intended to ensure compliance with HIPAA and shall be interpreted and enforced to give effect to that intent. 

 

 

Indemnification:

To the fullest extent permitted by law, ClearDesk (the "Indemnifying Party") shall indemnify, defend, and hold harmless Client, its officers, directors, employees, and agents (the "Indemnified Party") from and against any and all claims, demands, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to any employment-related claims brought by ClearDesk's Employees or Contractors (Personnel), including, but not limited to, claims for wage and hour violations, discrimination, or negligence, provided that such claims arise from the Indemnifying Party's or its employees' negligent, intentional, or unlawful acts or omissions.

 

Limitation of Liability

 

ClearDesk, LLC and its Affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Site or any content provided on or through the Site.

 

In no event shall the total liability of ClearDesk, LLC and its Affiliates to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) arising from these Terms of Use or your use of the site exceed the amount paid by you, if any, for accessing the site or using the services.

 

ClearDesk, LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of, any user communication. ClearDesk, LLC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site.

 

ClearDesk, LLC cannot be held liable for any inaccuracies, errors, or outcomes resulting from tasks completed by our remote team members, as they report directly to the client. Our role is to facilitate and manage the connection between clients and remote team members, ensuring effective communication and task completion. While we strive to maintain high standards and provide training and oversight to our team, the ultimate responsibility for the accuracy and quality of work lies with the client who directs the tasks. ClearDesk acts as an intermediary platform, empowering clients to manage their tasks efficiently, while emphasizing that any results or information provided by our remote team members are advisory in nature and should be verified and approved by the client before use. This structure ensures transparency and accountability, safeguarding both parties' interests within the scope of our service agreement.

 

These Terms of Service constitute the entire agreement between ClearDesk, LLC and the client concerning the use of this site and supersede all prior agreements, representations, and understandings, whether written or oral.