Creating a Professional Virtual Assistant Contract
Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice
Introduction
In today’s ever-evolving digital landscape, hiring a virtual assistant for your business is becoming an increasingly popular option. Remote working offers employers both convenience and cost-effectiveness, making virtual assistants an ideal choice to outsource tasks. Whilst this may seem like a great way to go, it’s essential that virtual assistants are still treated as employees - something which can be achieved through the use of a professional contract.
At Ƶ our expertise in law has highlighted the importance of having a contract in place before employing any virtual assistant. It is vital to ensure that all involved understand precisely what is expected of them in terms of duties and responsibilities, with clear timelines for task completion also helping to make sure things get done when they should. A good virtual assistant contract should include all information pertinent to the job such as payment agreement details and length of contract, as well as any additional provisions that might be required or desired by either party.
Having a mutually agreed upon document provides considerable protection from potential legal disputes between parties; if disagreements do arise then both sides have clearly defined points of reference from which to judge who should take responsibility for their part in the agreement. Furthermore, it enables employers to anticipate any possible risks associated with hiring a remote worker and protect themselves against potential liability claims resulting from these risks being realised down the line.
A thorough and comprehensive contractual agreement with your virtual assistant is absolutely essential if you wish to ensure successful employment whilst protecting both parties’ best interests over time - after all, no one wants costly court battles! With Ƶ’s comprehensive dataset and community template library anyone can craft high quality legal documents without having to contact a lawyer - so don’t delay, you could read on below for step-by-step guidance or access our template library today!
Definitions
Deliverables: The end result of a task that must be provided in order to complete it.
Compensation: Payment or reward for services rendered.
Termination clauses: The conditions under which a contract can be ended.
Confidentiality requirements: Rules or restrictions regarding the handling of sensitive information.
Data protection regulations: Legal requirements for how data should be handled and protected.
Contents
- Establishing the roles and responsibilities of the virtual assistant
- Defining the specific tasks that the virtual assistant will be expected to complete
- Determining the deliverables for each task
- Establishing measurable performance goals
- Establishing a timeline for tasks
- Discussing compensation
- Establishing an agreed-upon hourly rate
- Agreeing on a payment schedule
- Discussing any additional benefits, such as paid time off
- Establishing the terms of the contract
- Determining the period of time for which the contract will be in effect
- Discussing any potential termination clauses
- Outlining the expectations for communication between the employer and virtual assistant
- Establishing the types of communication that will be used
- Setting expectations for response times
- Agreeing on a process for reporting progress
- Addressing any potential confidentiality and data protection issues
- Establishing confidentiality requirements
- Addressing any data protection regulations that may apply
- Ensuring that both parties understand and agree to the terms of the contract
- Confirming that both parties have read and understood the contract
- Signing the contract to indicate agreement
- Establishing a communication plan
- Determining the best methods for communication between the employer and virtual assistant
- Establishing rules for using the chosen methods
- Setting up the virtual assistant’s workspace
- Discussing the necessary equipment and software for the virtual assistant to complete their tasks
- Setting up the virtual assistant’s workspace
- Discussing the onboarding process
- Clearly outlining the steps for onboarding the virtual assistant
- Discussing any required training and/or onboarding materials
- Scheduling a kickoff meeting
- Setting a date and time for the kickoff meeting
- Discussing the agenda for the meeting
Get started
Establishing the roles and responsibilities of the virtual assistant
- Define the services the virtual assistant will provide, i.e., the roles and responsibilities.
- Detail the roles and responsibilities in the contract, including any non-negotiable terms.
- Clarify any expectations you have of the virtual assistant, such as availability or communication.
- Ensure the contract is clear to eliminate any potential misunderstandings.
- Make sure both parties understand and agree to all the terms.
- Sign the contract to make it legally binding.
How you’ll know when you can check this off your list and move on to the next step:
- You will know you can move on to the next step when you have created the virtual assistant contract that outlines the roles and responsibilities of the virtual assistant and both parties have signed the contract.
Defining the specific tasks that the virtual assistant will be expected to complete
- Make a list of all the tasks and services the virtual assistant will be expected to complete.
- Be sure to include the level of expertise and experience required to complete each task.
- Make note of any specific tools the virtual assistant may need to complete the tasks.
- Review the list and make any necessary edits to ensure the tasks are clearly defined and achievable.
- Once you are satisfied with the list of tasks and services, you can move on to the next step.
Determining the deliverables for each task
- Analyze each task and determine the desired outcome of each task
- Define the expected deliverables that will result from each task
- Make sure to consider the timeframe for each task and the expected delivery date
- Make sure to consider any other expectations that the client may have (quality, accuracy, etc.)
- Document all these deliverables for each task in the contract
- This will ensure that the client and the virtual assistant are both on the same page about expectations
- Once all the deliverables have been documented, you can move on to the next step of establishing measurable performance goals
Establishing measurable performance goals
- Determine the desired outcome of each task that you expect your virtual assistant to complete.
- Outline the criteria that must be met in order to achieve the desired outcome.
- Make sure to include any other measures of success you will use to evaluate the performance of your virtual assistant.
- Once you have established the performance goals, make sure to include them in the contract.
How you’ll know when you can check this off your list and move on to the next step:
- Once you have determined the desired outcome of each task and outlined the criteria that must be met in order to achieve the desired outcome, you can move on to the next step of establishing a timeline for tasks.
Establishing a timeline for tasks
- Agree on a timeline for the tasks that need to be completed
- Set deadlines for when each task should be completed
- Ensure that both parties will stick to the timeline that has been set
- Have a discussion about potential consequences for not meeting the timeline
- Document the timeline in the contract
- Once the timeline has been established and documented, you can move on to the next step of discussing compensation.
Discussing compensation
- Discuss the type of compensation structure you are comfortable with (hourly rate, flat fee, commission, etc.)
- Negotiate the rate of compensation with your virtual assistant
- Agree on a payment schedule (weekly, bi-weekly, monthly, etc.)
- Set up a system for tracking the hours worked and payments made
- Once an agreement is reached, both parties should sign the contract
- When all of the above steps are completed, you can move on to the next step: Establishing an agreed-upon hourly rate.
Establishing an agreed-upon hourly rate
- Come to an agreement on the hourly rate that works best for both parties
- Discuss what types of tasks the virtual assistant will be responsible for and how long they will likely take
- Consider the virtual assistant’s experience, skills, and expertise and what the rate should reflect
- Make sure the rate is competitive enough to attract and retain a qualified virtual assistant
- Put the agreed-upon rate in writing in the contract
Once the rate is agreed upon, it should be included in the contract and both parties should sign off on it. This is the final step in the compensation discussion and you can move on to the next step of agreeing on a payment schedule.
Agreeing on a payment schedule
- Decide how often the virtual assistant will be compensated (e.g. monthly, bi-monthly, etc.)
- Establish a payment method (e.g. direct deposit, check, etc.)
- Specify when payment will be due (e.g. on the first or last of the month)
- Outline any late payment penalties (e.g. interest or additional fees)
- Both parties should sign and date the contract to agree to the payment schedule
When you can check this off your list and move on to the next step:
- Once both parties have agreed to and signed the payment schedule outlined in the contract, you can move on to the next step.
Discussing any additional benefits, such as paid time off
- Discuss any additional benefits that the virtual assistant will receive, such as paid time off or other forms of compensation.
- Outline how much paid time off the virtual assistant will receive, and the terms for taking it.
- Set out any other benefits or forms of compensation that the virtual assistant will receive, such as bonuses or commission.
- Agree on the details of the additional benefits between the parties and record them in the contract.
- Once all the additional benefits have been discussed and agreed upon, you can move onto the next step.
Establishing the terms of the contract
- Clarify the duties and responsibilities of the virtual assistant
- Specify the duration of the contract
- Define the payment structure and amount
- Outline the hours of availability and the means of communication
- Define the process for termination
- Agree upon the ownership of any materials produced
- Include a confidentiality clause
- Sign and date the contract
Once all of the above has been discussed and agreed upon, you can move on to the next step: determining the period of time for which the contract will be in effect.
Determining the period of time for which the contract will be in effect
- Establish a start date for the contract and decide how long it will last - this could be a fixed period of time, or a rolling contract
- Make sure this is clearly documented in the contract
- Agree on renewal terms, if appropriate
- When you have established the period of time for which the contract will be in effect and documented it in the contract, you can move on to the next step.
Discussing any potential termination clauses
- Agree on when the contract can be terminated by either party
- Decide if the employer can terminate the contract without any warning
- Specify any obligations that need to be met before the contract can be terminated
- Decide if any payment is necessary in the event of contract termination
- Agree on a timeline for the contract termination process
When you have covered all the points listed above, you can check this off your list and move on to the next step: Outlining the expectations for communication between the employer and virtual assistant.
Outlining the expectations for communication between the employer and virtual assistant
- Clearly define the types of communication that will be used (i.e. email, phone, messaging apps)
- Set expectations for response times to all communication
- Discuss any expected communication frequency (daily, weekly, etc.)
- Set a timeline for regular check-ins to ensure both parties are on the same page
- Discuss the difference between immediate and non-immediate communication
- Outline any specific communication protocols that must be followed
- Establish any communication preferences
Once all expectations for communication are clearly outlined and agreed upon, you can check this off your list and move on to the next step.
Establishing the types of communication that will be used
- Define the type of communication that will be used between the employer and the virtual assistant, such as phone, email, or text
- Provide examples of when each type of communication should be used
- Clarify the rules of communication, such as the virtual assistant not being permitted to contact the employer directly
- Note the consequences of not following the communication guidelines
- Agree on the language that will be used in communication
- Sign and date the contract
Once the above bullet points have been reviewed and agreed upon, you can move on to the next step.
Setting expectations for response times
- Establish agreed upon response times for emails, texts, phone calls, and other forms of communication
- Determine how long it will usually take for the Virtual Assistant to respond to communication from the client
- Consider factors like time zones, working hours, and other commitments that might affect response times
- Set expectations for how quickly the Virtual Assistant will complete tasks
- Agree on times when the Virtual Assistant should have tasks completed
- Once the expectations for response times are established and agreed upon, this step can be marked as complete and the next step can start.
Agreeing on a process for reporting progress
- Discuss how often the virtual assistant will provide updates on the progress of tasks and projects
- Decide what method of communication the virtual assistant will use for reporting progress (i.e. email, Slack, etc.)
- Agree on a system for tracking the progress of tasks and projects
- Set a schedule for when the virtual assistant should provide updates
- When all of the above points have been agreed upon, the step of agreeing on a process for reporting progress can be checked off the list and you can move on to addressing any potential confidentiality and data protection issues.
Addressing any potential confidentiality and data protection issues
- Read and familiarize yourself with the applicable laws and regulations related to privacy and data protection.
- Determine the scope of data that is going to be shared between the parties, and any limitations that should be included in the contract.
- Consider any additional contractual provisions that should be included in the contract, such as the requirement to delete any confidential information upon completion of the agreement.
- Amend the contract to include the necessary confidentiality and data protection provisions.
- Review the contract to make sure the confidentiality and data protection provisions are in line with the applicable laws and regulations.
You will know that you have completed this step when the contract has been amended to include the necessary confidentiality and data protection provisions, and the provisions have been reviewed and confirmed to be in line with the applicable laws and regulations.
Establishing confidentiality requirements
- Create a clause in the contract that outlines the confidentiality requirements
- This clause should state that the virtual assistant must not disclose any confidential information to any third parties without the prior written consent of the client
- Include a definition of what constitutes confidential information in the contract
- Specify what the consequences will be if the virtual assistant breaches the confidentiality clause
- Make sure that the virtual assistant is aware of the confidentiality requirements before signing the contract
- Once you have included the confidentiality clause, the virtual assistant has been made aware of the requirements and both parties have signed the contract, you can check this step off your list and move on to the next step.
Addressing any data protection regulations that may apply
- Research applicable data protection regulations and laws, such as the General Data Protection Regulation (GDPR)
- Include a clause in your contract that clarifies how data will be collected, stored, used, and deleted in accordance with the data protection regulations
- Ensure that the clause includes the requirement that all parties involved must comply with the data protection regulations
- When you are satisfied with the clause, insert it into your contract and you can move on to the next step of ensuring that both parties understand and agree to the terms of the contract.
Ensuring that both parties understand and agree to the terms of the contract
- Clearly outline the purpose of the contract
- Include a list of services the virtual assistant will provide
- Provide clear expectations of the hours of work and the payment terms
- Include a disclaimer of warranties and liabilities
- Clearly state the termination and renewal terms
- Get both parties to agree to the terms by signing the contract
- Make sure each party has a copy of the signed contract
- How you’ll know when you can check this off your list and move on to the next step: When both parties have signed the contract and each has a copy of the signed document.
Confirming that both parties have read and understood the contract
- Have both parties read the contract and ask questions if necessary
- Make sure the other party understands the roles and responsibilities in the contract
- Explain any difficult language or areas of the contract
- Ask the other party to confirm that they have read and understood the contract
- Once both parties have read and understood the contract, you can move on to the next step: signing it
Signing the contract to indicate agreement
- Have both parties sign the contract in the designated space
- Ensure that the signature is witnessed by a third party and dated
- Have a copy of the signed contract for both parties
- Once the contract is signed, the agreement is legally binding
- Check off the step when the contract has been signed by both parties and a copy has been obtained for each party
Establishing a communication plan
- Determine how often the employer and virtual assistant will communicate (daily, weekly, etc.)
- Set up a method for communication that is convenient for both parties (video call, phone call, email, text message, etc.)
- Establish an agreed upon timeline for when the employer and virtual assistant will communicate
- Set expectations for response times
- Confirm that the virtual assistant has all of the necessary contact information for the employer
- When all of the above have been established and agreed upon, you can move on to the next step.
Determining the best methods for communication between the employer and virtual assistant
- Research different communication methods and decide which ones will be most appropriate for the employer/virtual assistant relationship
- Consider which methods will enable the virtual assistant to be most productive in their role
- Consider which methods will enable the employer to be most productive in their role
- Make a list of the chosen methods and communicate these methods to the virtual assistant
- Once you have outlined the communication methods and both parties have agreed to them, you can check this step off the list and move on to the next step.
Establishing rules for using the chosen methods
- Establish the types of communication mediums that will be used (e.g., email, messaging platforms, phone, video conferencing, etc.)
- Set clear expectations for the frequency of communication
- Discuss the proper etiquette for communication (e.g., appropriate language, tone, and respect for others)
- Outline the availability of the virtual assistant (e.g., hours of service, time zone, holiday/weekend availability)
- Establish the terms that both parties will use to describe the expected responses (e.g., immediate, same-day, next day, etc.)
You can check this step off your list and move on to the next step when you and the employer have agreed upon the rules and expectations for the chosen methods of communication.
Setting up the virtual assistant’s workspace
- Set up a dedicated workspace for the virtual assistant
- Ensure a comfortable and ergonomic work environment
- Provide all required hardware and software necessary for the virtual assistant to do their work
- Discuss and set any additional rules for using the workspace
- Ensure the virtual assistant is familiar with the workspace and its rules
- Check that all necessary security protocols are followed
- When all of these steps are completed, move on to the next step of discussing the necessary equipment and software for the virtual assistant to complete their tasks.
Discussing the necessary equipment and software for the virtual assistant to complete their tasks
- Establish what hardware and software the virtual assistant will need in order to successfully complete their tasks
- Determine if the virtual assistant will need their own computer, phone, and internet connection, or if they will be able to use equipment provided by you
- Make a list of the software applications that will be necessary for the virtual assistant to carry out their duties
- Consider any special programs or technology that the virtual assistant may need in order to do their job
- Discuss with the virtual assistant the cost of any additional equipment or software they may need
When you have discussed the necessary equipment and software with the virtual assistant and the associated costs, you can check this off your list and move on to the next step.
Setting up the virtual assistant’s workspace
- Identify a suitable workspace for the virtual assistant
- Ensure the workspace is free from distractions and has adequate resources
- Discuss with the virtual assistant the best way to set up their workspace
- Determine the type of equipment and software needed for the virtual assistant to complete their tasks
- Outline the process for setting up the workspace
- Agree on a timeline for setting up the workspace
- When the workspace is set up and ready to be used, you will be able to check this off your list and move on to the next step.
Discussing the onboarding process
- Set up an initial call or meeting with the virtual assistant to discuss their onboarding process
- Explain the onboarding process and what is required for the virtual assistant to be successful in their role
- Ask the virtual assistant to provide any feedback or questions they have about the onboarding process
- Make note of any feedback or questions to be addressed in the contract
- Once both parties are satisfied with the onboarding process, move on to the next step in creating the contract.
Clearly outlining the steps for onboarding the virtual assistant
- Define the tasks that the virtual assistant is expected to complete
- Agree on the timeline for onboarding the virtual assistant
- Determine the frequency of communication (e.g., daily reports, bi-weekly updates, etc.)
- Establish the terms and conditions of the contract
- Create any forms or documents needed for onboarding
- Set up any tools or software needed to complete the tasks
- Finalize and sign the virtual assistant contract
Once all of these steps have been completed, you can move on to the next step, which is discussing any required training and/or onboarding materials.
Discussing any required training and/or onboarding materials
- Establish what onboarding materials or training the virtual assistant may need prior to beginning their role
- Ensure that materials are clear and concise with instructions for how to complete them
- Report back to the team on any training or onboarding materials that need to be created
- Create any necessary materials and make sure the virtual assistant has access to them
- Check with the virtual assistant to ensure that they understand the onboarding materials and can complete them
- Confirm that all training and onboarding materials have been completed and the virtual assistant is ready to begin their role
Once these steps are complete, you can move on to the next step of scheduling a kickoff meeting.
Scheduling a kickoff meeting
- Send out a calendar invite to both yourself and the virtual assistant for a kickoff meeting
- Make sure to include the virtual assistant’s contact information in the invite
- Include any relevant details in the invite such as the purpose of the meeting, and any materials that should be prepared beforehand
- When the virtual assistant confirms their availability, the step is complete and you can move on to the next step.
Setting a date and time for the kickoff meeting
- Reach out to the virtual assistant and ask for their availability
- Discuss options that work for both parties
- Decide on a date and time that works for both of you
- Have both parties confirm the date and time
- Once both parties agree and confirm the date and time, you can check this off your list and move on to discussing the agenda for the meeting.
Discussing the agenda for the meeting
- Establish the main points of discussion for the meeting, such as the scope of services, length of the contract, payment terms, and any other relevant topics.
- Ask the other party to provide any additional agenda items they think should be discussed that you may not have considered.
- Make sure to discuss any questions or concerns either party may have.
- When both parties are satisfied that all relevant items have been discussed and agreed upon, the agenda for the meeting is complete.
FAQ
Q: What is the difference between a Virtual Assistant Contract and an Employment Contract?
Asked by Patrick on April 3rd, 2022.
A: A Virtual Assistant Contract is a contract between two parties whereby one party (the client) hires the other (the virtual assistant) to provide services on a contract basis, rather than through employment. An Employment Contract, on the other hand, is a contract between an employer and an employee and sets out the terms of their employment with each other. Whilst both are legally binding, there are important differences between the two which should be taken into consideration when creating a Professional Virtual Assistant Contract.
Q: What should I include in a Professional Virtual Assistant Contract?
Asked by Matthew on August 8th, 2022.
A: When creating a Professional Virtual Assistant Contract, it’s important to consider all of the details that need to be included. Generally speaking, this should include such points as: the type of services to be provided; payment terms; expected hours and duration of service; any additional responsibilities; confidentiality clauses; dispute resolution protocols; and termination clauses. Additionally, depending on your industry or the jurisdiction in which you are operating, there may be specific requirements which you will need to consider when creating your contract.
Q: What legal considerations do I need to take into account when creating a Professional Virtual Assistant Contract?
Asked by Jessica on October 16th, 2022.
A: When creating a Professional Virtual Assistant Contract, it’s important to ensure that it complies with all relevant laws and regulations. Depending on where you are operating from and who you are contracting with, there may be specific laws or regulations which you need to be aware of and adhere to. Additionally, depending on your industry or the type of services you are providing, there may also be specific requirements that need to be taken into account when drafting your contract. It’s best practice to have your contract reviewed by an experienced lawyer who can advise on the best way to protect your interests and ensure compliance with applicable laws.
Q: What should I include in my Professional Virtual Assistant Contract if I am operating in the UK?
Asked by Jack on January 18th, 2022.
A: If you are operating in the UK then there are a number of considerations which should be taken into account when creating your Professional Virtual Assistant Contract. Firstly, it is important to ensure that it fully complies with all relevant UK laws and regulations. In addition to this, it is also important to include certain provisions in order to protect both parties such as payment terms; expected hours and duration of service; confidentiality clauses; dispute resolution protocols; and termination clauses. Additionally, any particular requirements for your industry or sector should also be taken into consideration when drafting your contract. It’s best practice to have your contract reviewed by an experienced lawyer who can advise on the best way to protect your interests and ensure compliance with applicable laws in the UK.
Q: What should I include in my Professional Virtual Assistant Contract if I am operating in the USA?
Asked by Emily on April 28th, 2022.
A: If you are operating in the USA then there are specific considerations which should be taken into account when creating your Professional Virtual Assistant Contract. Firstly, it is important to ensure that it fully complies with all relevant US federal laws and regulations as well as any state-level laws which may apply depending upon where you are based or where services will be provided. In addition to this, it is also important to include certain provisions in order to protect both parties such as payment terms; expected hours and duration of service; confidentiality clauses; dispute resolution protocols; and termination clauses. Additionally, any particular requirements for your industry or sector should also be taken into consideration when drafting your contract. It’s best practice to have your contract reviewed by an experienced lawyer who can advise on the best way to protect your interests and ensure compliance with applicable laws in the USA.
Q: What should I include in my Professional Virtual Assistant Contract if I am operating in the European Union?
Asked by Sarah on July 5th, 2022.
A: If you are operating within the European Union then there are specific considerations which should be taken into account when creating your Professional Virtual Assistant Contract. Firstly, it is important to ensure that it fully complies with all relevant EU laws and regulations as well as any local law which may apply depending upon where you are based or where services will be provided. In addition to this, it is also important to include certain provisions in order to protect both parties such as payment terms; expected hours and duration of service; confidentiality clauses; dispute resolution protocols; and termination clauses. Additionally, any particular requirements for your industry or sector should also be taken into consideration when drafting your contract. It’s best practice to have your contract reviewed by an experienced lawyer who can advise on the best way to protect your interests and ensure compliance with applicable laws within the European Union.
Q: How can I ensure my Professional Virtual Assistant Contract covers all potential scenarios?
Asked by Jacob on September 12th, 2022
A: When drafting a Professional Virtual Assistant Contract it’s important that all potential scenarios are covered so that both parties’ interests are protected no matter what may arise throughout the course of their working relationship. To do this effectively it’s important that all relevant points such as payment terms; expected hours and duration of service; additional responsibilities; confidentiality clauses; dispute resolution protocols; and termination clauses are clearly outlined within the contract so that both parties know exactly what is expected of them at all times throughout their working relationship together. Additionally, having an experienced lawyer review your contract can help ensure that all potential scenarios have been considered prior to signing off on any agreement between both parties so that both parties’ interests remain protected no matter what arises during their working relationship together.
Example dispute
Lawsuits Involving Virtual Assistant Contract:
- An individual or other business may bring a lawsuit against a company that has a virtual assistant contract in place that is not being followed.
- The lawsuit must reference relevant legal documents such as any applicable state or federal laws, as well as any specific clauses in the contract itself.
- The lawsuit should also include information or actions that resulted in the individual or business being harmed by the company’s breach of the virtual assistant contract.
- Settlement may be reached through negotiation or mediation, or by a court awarding monetary damages to the plaintiff.
- If damages are awarded, they may be calculated using the difference between the expected outcome had the contract been followed and the actual outcome.
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