Virtual Assistant Agreement

What Is a Virtual Assistant (VA) Agreement?

A virtual assistant agreement, also known as a virtual assistant service agreement, is a legal document where a virtual assistant provides secretarial, administrative, or other assistance to their clients remotely. The document lays out rights and obligations of both parties, as well as defines the following essential elements:

• remuneration terms (how, when, and in what amount a VA should be paid);
• communication between the parties;
• scope of work to be performed by the VA.

Simply put, a virtual assistant agreement is a written contract or legal document that clarifies expectations of both parties from each other. What makes a virtual assistant service agreement so vital? There are a number of reasons:

• Lack of ambiguity. It helps to prevent legal problems down the road by making sure everyone is on the same page from the start. For example, you and your client have agreed that a payment should be performed every month. However, it remains yet unclear on which exact day of each month such a payment should be made. This is where a virtual assistant agreement template can help to remove uncertainty.
• Build trust. Having a written virtual assistant agreement template helps to understand the rules of the game well in advance.
• Legal protection. A written virtual assistance service agreement is legal proof of relations between the parties. If there is a violation of terms, either party can protect themselves in the court.
• Predictability. A business may need a VA to secure daily operations and to run smoothly. It’s a business owner’s priority. As a business owner, you want to make sure that tasks are done correctly and on time.
• Confidentiality. Having a written virtual assistant service agreement helps to safeguard confidentiality for your business operations. Confidential information creates a competitive advantage for every business. Apparently, in the course of work, a VA may have access to a number of sensitive pieces of information, including know-how or trade secrets. To make sure confidential information is well protected, a virtual assistant agreement template should contain a confidentiality clause.

Key Elements for VA Business Agreement Should Cover

Let’s first quickly summarize what “key elements” actually means. When clients approach me with the same question, I try to put it as follows. Key elements are mandatory components of a legal document, without which a legal document cannot become valid and legally exist. If a document does not legally exist, it means that you cannot enforce it in the court to protect your violated rights. Therefore, it is always vital to make sure all mandatory elements are in place.

For a virtual assistant service agreement template to become a valid legal document, the following key elements should be included:

Contact Information and Parties Involved

Parties to a virtual assistant agreement are a business owner (i.e., a client) and a virtual assistant (VA). It is also possible that a virtual assistant agreement is being signed between a business owner and a company that provides virtual assistant services. In that case, a document you sign should clearly identify the name of the exact VA who will assist you along the road.

Include current mailing and email addresses. Make sure that all the information is accurate. Imagine putting in the wrong phone number of a client and not being able to reach them when there is any urgent matter.

The parties indicated in the preamble of a document should sign this document. Without a signature, a document cannot become a valid legal document.

Scope of Services

This is a core part of a virtual assistant agreement. This part defines exactly what a VA is expected to do. The best way is to list all duties and responsibilities directly in the document to avoid any ambiguity. It is also a good practice to specify which information a VA will have access to. For example, a VA usually has access to a calendar, emails, shopping accounts, a phone book, and many other things. It is critical to make sure that a VA has all access in place in order to perform their work effectively.

Remember also to include in the text of a contract what is not included in the normal scope of work or is a part of a separate arrangement. For example, if your virtual assistant manages your social media, specify platforms, content frequency, and engagement metrics. If they handle financial data, detail the software and reporting requirements.

Working Hours

The working schedule of the VA should also be clarified in a virtual assistant agreement template. It should include the following information:

• number of working days in a week or month;
• start and end of the day OR number of office hours per working day;
• days and times when VA could be offline;
• vacation and public holidays, if applicable and agreed separately between the parties;
• handling of urgent requests outside of working hours, including their compensation.

Payment Terms

This is one of the most important pillars of a virtual assistant agreement. In this part of a document, parties should define the following information:

• daily or hourly rates (depending on the chosen model), as well as applicable currency, if you have international contracts and hire a VA outside the USA;
• methods of payment (cash, bank withdrawal, crypto wallet, check, etc.);
• payment schedule (this is when a payment should be released to VA—e.g., weekly, monthly);
• compensation of additional expenses (how a proof of additional expenses should be submitted and the rates of compensation);
• how invoicing should be performed;
• penalties for late payments (this is not mandatory; however, parties may agree on that as well).

Intellectual Property (IP) Rights

In the course of work, a virtual assistant may create certain tangible and intangible results. Some of those results may be qualified as intellectual property. Examples of intellectual property could be the following: design of a trademark, design of a new production process, creation of a piece of art, and many more.

To avoid any future disputes, we always recommend deciding well in advance who will be the owner of those IP rights. A VA can secure the whole ownership over created IP rights, or parties may agree about co-ownership as well. It is also possible that all IP rights created in the course of the provision of virtual assistant services should belong to a business owner.

Scope of services

Virtual assistant services could be provided for an indefinite or definite period of time. If services are provided for an indefinite period of time, a virtual assistant services agreement template should contain a clear start date. If a period of provision of services is pre-defined, in that case an end date should be added too.

Every virtual assistant agreement should also contain a termination clause. In particular, a document should set up the following:

• the list of exact situations in which either party can end the contract;
• how written notice of termination should be sent (e.g., via email, via phone call, etc.), as well as the termination notice period;
• how the last payments should be handled by a client;
• How VA’s access to internal databases or networks should be revoked and many more.

Means of communication

Virtual assistant services are also known as personal services. Therefore, maintaining a good connection between a client and a VA is an essential part. Parties should agree:

• How they will communicate with each other and update regarding the progress;
• How the new tasks should be communicated to the VA;
• It is also important to establish check-in schedules, perhaps daily or weekly, to discuss progress and address any roadblocks.
• How feedback, if any, should be delivered to the VA, and many more.

Independent Contractor Status

Even though provisions of virtual assistant services may partially resemble employment relations, this is not so. A virtual assistant agreement is similar to an independent contractor agreement. This basically means that VA and a client are peer to peer and dependent on each other. In employment relations, an employee is subjected to internal policies and performs the working tasks under the supervision and direction of the employer. However, in a virtual assistant agreement, a VA performs tasks independently to deliver the necessary result.

Being an independent contractor also means

• no paid sick leave or annual holidays;
• no maternity leaves;
• no social contribution taxes paid by the business on behalf of an employee.

Dispute Resolution

When someone enters a contract, the last thing they prefer to think about is a dispute resolution. Since a virtual assistance services agreement is a long-lasting contract, thinking of disputes is a must.

Parties may select a specific state, the laws of which should apply in case of a dispute. It is also possible to set up a mediation for any dispute arising from this contract.

Confidentiality and Data Protection

This part is important, especially for business owners handling client lists and high-net-worth individuals. Sensitive information, such as financial records and trade secrets, could be accessible to your virtual assistant. Consider well in advance how to limit or prevent copy-paste of your information to other devices or networks. Discuss with your IT team security measures in place to protect any data leaks.

If a VA is hired to support daily-life operations of high-net-worth individuals, their data privacy is paramount as well. A good virtual assistant agreement helps to draw the line as to which information a VA should and should not have access to.

Review and Amendments

Your business needs might evolve, or your VA’s capacity might shift. It is important to include a clause about how and when the VA agreement can be reviewed.

Specify that any changes or amendments to the agreement must be made in writing and signed by both parties. Try to keep in mind that unilateral change of conditions is strictly prohibited and may lead to early termination and potential court disputes.

Common Pitfalls in a VA Business Assistant Agreement

No agreement is perfect; that is why being aware of pitfalls with VA agreements can help you avoid them. Client relationships thrive when you anticipate their needs.

• Poorly defined job description

This creates problems not only for your VA but for the daily operation of your business as well. Imagine, you expect this task to be done by the end of the day, as you believe this is your VA’s job. Later on you find out that VA does not want to do that, as it is not his job.

A poorly defined job description really hampers a virtual assistant’s ability to complete tasks successfully. If tasks aren’t clearly defined, it’s easy for issues to arise.

• Unclear payment terms

Nothing can undermine the trust between parties so hard as payment issues. Lack of reimbursement for additional expenses or constant late payments creates a lot of hassle for both parties. Confusion over rates, when invoices are due, or who pays for software can quickly sour a good working relationship.

• Defining final deliverables

Every work should have their own KYPs and measurable goals. Without it, it is hard to evaluate effectively a VA’s work and give informative feedback.

Free Legal Contracts Online vs. Customizing a Virtual Assistant Agreement Template

Ultimately, you may be thinking of just grabbing a sample virtual assistant contract online. There are plenty of contract templates out there, some even marketed as a virtual assistant-free template, and they can be a decent starting point. They can give you an idea of the clauses and structure for your assistant contract.

However, taking a free template available online might not be a good idea, and here is why:

• It might not perfectly fit your specific needs. Imagine you want to set up hourly rates and monthly invoicing, while a template you found for free provides only daily rates. Your business is distinct, and your requirements are specific; thus, a customized legal template can be a solution.
• It may contain severe legal mistakes. Imagine that a template you found for free is full of legal mistakes. It may not use up-to-date legislation. Using such a template may severely impact your business. Imagine you bring it to the court, and the judge says that this agreement is not enforceable at all.
• It may not cover essential elements. A free template of a legal document can be okay, but it misses a few important points. For example, it may not deal with data privacy or non-disclosure covenants.

What to Do Before You Both Sign the Virtual Assistant Contract?

Once the virtual assistant agreement is drafted, don’t just rush to sign it, especially if it’s your first client contract of this nature.

• Read it carefully.

Make sure that you and the virtual assistant read the entire document very carefully. Legal contract terms, also known as clauses, are the specific provisions within a contract that define the rights, responsibilities, and obligations of each party.

• Obtain legal advice.

To be on the safe side, it is always better to get legal advice before using any legal document.

• Sign a document.

When everything is ready and the parties understand the nature of the document, it is time to sign it.