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Virtual Assistant Subcontractor Agreement

Virtual Assistant Subcontractor Agreement Template for United States

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Key Requirements PROMPT example:

Virtual Assistant Subcontractor Agreement

"I need a Virtual Assistant Subcontractor Agreement for my digital marketing agency based in California, where we'll be hiring a VA team in the Philippines to handle our social media management and customer support, with strict data protection and confidentiality clauses."

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Document background
The Virtual Assistant Subcontractor Agreement is essential for businesses operating in the United States that engage remote administrative support through a subcontracting arrangement. This document is particularly relevant in today's digital economy where virtual assistance is increasingly common. It addresses key aspects including service delivery, payment terms, confidentiality, and data protection while ensuring compliance with U.S. federal and state contractor classification laws. The agreement protects both parties' interests while establishing clear expectations and deliverables.
Suggested Sections

1. Parties: Identification of the contracting parties (primary contractor and subcontractor)

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of virtual assistant services to be provided

5. Term and Termination: Duration of agreement and termination conditions

6. Compensation and Payment Terms: Payment rates, schedule, and methods

7. Confidentiality: Protection of sensitive information

8. Independent Contractor Status: Clarification of relationship as independent contractor

9. Intellectual Property Rights: Ownership and rights to work product created during the engagement

10. Data Protection and Privacy: Obligations regarding data handling and privacy compliance

11. Representations and Warranties: Statements of fact and promises made by both parties

12. Limitation of Liability: Extent and limits of liability for both parties

13. Governing Law: Jurisdiction and applicable law governing the agreement

Optional Sections

1. Non-Compete: Restrictions on working with competitors (include only when protecting client relationships is crucial)

2. Equipment and Tools: Provisions regarding required technology and tools (include when specific equipment or software is required)

3. Training Requirements: Specific training or certification needs (include when specialized training is needed)

4. Insurance Requirements: Required insurance coverage (include when specific insurance needs must be met)

5. Service Level Requirements: Specific performance metrics and standards (include when precise service levels need to be maintained)

Suggested Schedules

1. Schedule A - Service Level Agreement: Detailed performance metrics and expectations

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

3. Schedule C - Approved Tools and Software: List of authorized tools and applications

4. Schedule D - Data Protection Protocol: Specific procedures for handling sensitive data

5. Schedule E - Confidentiality Agreement: Detailed terms of confidentiality obligations

Authors

Alex Denne

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

alex.den.21@genieai.co
Clauses




















Industries

Employment Classification Laws: Including Fair Labor Standards Act (FLSA), IRS guidelines on independent contractor vs. employee classification, and state-specific worker classification laws

Data Protection and Privacy: Including GDPR (if applicable), CCPA, state-specific privacy laws, and HIPAA compliance if handling medical information

Intellectual Property Laws: Including Copyright Act, Trade Secrets Protection, Patent laws, and Trademark laws for protecting intellectual property rights

Contract Laws: Including state-specific contract laws and Uniform Commercial Code (UCC) provisions relevant to service agreements

Cybersecurity Requirements: Including state-specific data security laws and federal cybersecurity guidelines for protecting digital assets

Tax Regulations: Including IRS requirements for 1099 contractors, state tax requirements, and local tax obligations

Non-Disclosure Considerations: Including Trade Secrets Act and state-specific confidentiality laws for protecting sensitive information

Digital Security: Including Computer Fraud and Abuse Act and state-specific digital security laws for ensuring online safety

Remote Work Regulations: Including state-specific remote work laws and cross-state employment considerations for virtual work arrangements

Payment Protection: Including Prompt Payment Acts and state-specific payment protection laws to ensure proper compensation

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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