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Virtual Assistant Subcontractor Agreement for Australia

Virtual Assistant Subcontractor Agreement Template for Australia

This document is a comprehensive subcontractor agreement specifically designed for virtual assistant services in Australia. It establishes the legal framework for engaging virtual assistants as independent contractors, covering essential aspects such as service scope, confidentiality, data protection, intellectual property rights, and payment terms. The agreement ensures compliance with Australian legislation, including the Independent Contractors Act 2006 and relevant privacy laws, while providing flexibility to accommodate various virtual assistance arrangements and digital service delivery requirements.

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What is a Virtual Assistant Subcontractor Agreement?

The Virtual Assistant Subcontractor Agreement is essential for businesses and individuals in Australia seeking to formalize their relationship with virtual assistants while maintaining clear independent contractor status. This document has become increasingly important with the rise of remote work and digital service provision, addressing the unique challenges of virtual assistance arrangements. It covers crucial aspects such as service delivery, confidentiality, data protection, and intellectual property rights, while ensuring compliance with Australian legislation including the Independent Contractors Act 2006, Privacy Act 1988, and relevant state laws. The agreement is designed to protect both parties' interests while providing a flexible framework that can accommodate various virtual assistance services and business requirements.

What sections should be included in a Virtual Assistant Subcontractor Agreement?

1. Parties: Identifies the contracting parties - the main contractor and the virtual assistant subcontractor, including full legal names, ABN, and registered addresses

2. Background: Outlines the context of the agreement, including the main contractor's business, the need for virtual assistant services, and the subcontractor's capacity to provide these services

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Engagement and Scope: Establishes the independent contractor relationship and outlines the general scope of virtual assistant services

5. Term and Termination: Specifies the agreement duration, renewal terms, and conditions for termination by either party

6. Services and Deliverables: Details the specific services to be provided and expected deliverables

7. Payment Terms: Outlines rates, payment schedule, invoicing requirements, and expense policies

8. Independent Contractor Status: Clearly establishes the nature of the relationship and distinguishes it from employment

9. Confidentiality: Defines confidential information and establishes obligations for its protection

10. Data Protection and Privacy: Specifies obligations regarding handling personal and business data in compliance with Australian law

11. Intellectual Property: Addresses ownership and rights to work created during the engagement

12. Equipment and Resources: Specifies responsibilities for providing and maintaining necessary equipment and software

13. Communication and Reporting: Establishes communication protocols and reporting requirements

14. General Provisions: Includes standard legal clauses such as governing law, dispute resolution, and entire agreement

What sections are optional to include in a Virtual Assistant Subcontractor Agreement?

1. Non-Compete: Restricts the VA from working with competitors, used when the VA has access to sensitive competitive information

2. Performance Metrics: Establishes KPIs and performance evaluation criteria, useful for long-term or complex engagements

3. Training Requirements: Specifies required training or certifications, relevant when specific skills or compliance training is needed

4. Client Interaction Protocol: Guidelines for interacting with the main contractor's clients, used when the VA will have direct client contact

5. Substitute Provider: Conditions for providing substitute services, relevant when continuity of service is critical

6. Insurance Requirements: Specific insurance coverage requirements, important for high-risk or regulated services

7. Service Level Agreement: Detailed service standards and response times, useful for time-sensitive or customer-facing services

What schedules should be included in a Virtual Assistant Subcontractor Agreement?

1. Schedule A - Service Specifications: Detailed list of specific tasks, responsibilities, and service requirements

2. Schedule B - Rate Card: Detailed breakdown of rates for different services or service levels

3. Schedule C - Approved Software and Tools: List of authorized software, tools, and platforms to be used in service delivery

4. Schedule D - Security and Data Handling Protocols: Specific procedures for handling sensitive information and maintaining security

5. Schedule E - Response Times and Availability: Detailed specifications for working hours, response times, and availability requirements

6. Appendix 1 - Confidential Information: Specific list of information classified as confidential

7. Appendix 2 - Reporting Templates: Standard templates for regular reporting and communication

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions








































Clauses






































Relevant Industries

Professional Services

Technology

E-commerce

Healthcare

Education

Financial Services

Real Estate

Consulting

Digital Marketing

Media and Entertainment

Legal Services

Non-profit Organizations

Retail

Information Technology

Business Process Outsourcing

Relevant Teams

Legal

Human Resources

Operations

Administration

Procurement

Compliance

Finance

Executive Support

Project Management

Business Development

Risk Management

Relevant Roles

Virtual Assistant

Executive Assistant

Digital Assistant

Administrative Coordinator

Operations Manager

Business Owner

Freelance Virtual Assistant

Remote Executive Assistant

Project Coordinator

Office Manager

Business Manager

Compliance Officer

HR Manager

Legal Counsel

Procurement Manager

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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