Virtual Assistant Service Agreement

What is a virtual assistant service agreement?

A virtual assistant service agreement is a legal document that sets out the terms under which a virtual assistant provides remote administrative, technical, or creative services to a client in exchange for agreed fees. A virtual assistant agreement is a popular type of service agreement in Australia that allows you to temporarily hire help for resolving working tasks without entering employment relations.

A simple personal assistant contract template defines mutual obligations of the parties, the assistant’s liability, payment terms, duration of cooperation, termination and confidentiality clauses. This document provides a strong legal foundation for engaging independent contractors to manage ongoing projects for your business.

Who shall use this template?

Having a solid and professionally drafted virtual assistant agreement Australia template can be helpful for:

• Freelance virtual assistant looking for remote opportunities.
• Established virtual assistant agencies searching for reliable virtual assistant agreement templates for their clients;
• Startups and small businesses looking for a document template to hire a virtual assistant.

This document cannot be used, however, for hiring employees for the provision of virtual assistance services. In this case an employment agreement shall be used instead.

Why choose this template?

By customising your virtual assistant agreement template with FasterDraft, you get access to the following benefits:

• a template that is fully compliant with the Independent Contractors Act 2006 and the Competition and Consumer Act 2010;
• a document with a clear structure written in clear, plain English;
• a template that balances interests and protection for both parties;
• a document that covers essential elements a virtual assistant service agreement must have;
• a download template in both Word and PDF formats;
• a document that helps to significantly reduce the risk of relationships being recognised as employment under the Fair Work Act, 2009;
• a document that is fully tailored to your specific needs;
• a legal template that is created by real legal professionals and never by AI.

What shall be included in the personal assistant contract template?

A solid and well-drafted template for the provision of virtual assistant services shall include the following:

Scope of Services

This clause usually includes the list of exact services a virtual assistant is required to provide. If necessary, the text of a document can also include the list of important milestones or deadlines an assistant should be able to meet while the provision of the services.

Parties can also agree that a virtual assistant may provide services using subcontractors.

Timeline & Duration

Another common clause for every virtual assistant client agreement is the inclusion of exact times and dates on which a virtual assistant shall and shall not be available for the provision of services.

A virtual assistant agreement usually expires on its end date as set up by the parties before or upon its termination by either party in a limited number of circumstances. As a rule of thumb, the contract must provide the list of circumstances upon occurrence of which a client or an assistant should be able to send a termination notice.

Payment Terms

Another important element is the inclusion of clear payment terms on how and how much an assistant shall be paid. A solid payment clause must include the following:

• the amount of a retainer fee, if the parties have agreed to a retainer fee;
• payment model, such as a fixed fee, monthly, hourly, weekly or daily fee;
• list of acceptable payment methods; and
• the amount of late fees if a client fails to make payment on time.

If both parties to this agreement are companies or businesses registered in Australia, in that case the document shall clearly outline if provided fees include or exclude application of the Goods and Services Tax.

Confidential Information

If, in the course of the provision of services under a virtual assistant agreement, an assistant shall have access to the client’s sensitive or confidential information, in that case inclusion of a confidentiality clause is mandatory. This clause restricts an assistant’s right to disclose or share a client’s information not only during the period of provision of services but also for some time after the contract’s expiration.

Parties can also enter a separate confidentiality agreement to add an extra layer of protection.

Intellectual Property

Inclusion of this clause into the text of a service agreement template for a virtual assistant is optional and largely depends on the exact type of work performed by an assistant.

If there is a possibility that in the course of the provision of services certain intellectual property rights can be created, then parties have to decide in advance who shall hold the title over the created IP.

Top 3 Important Things to Know About Virtual Assistant Agreements in Australia

Provisions of a standard virtual assistant agreement template shall comply with a number of legislative acts, including the Fair Work Act 2009, the Consumer and Competition Act 2010, the Independent Contractors Act 2006 and many others. Below is a summary of three most important elements that are often overlooked by Australians and why you should not leave them out.

Superannuation & Employment

In its nature, provision of virtual assistant services may be qualified as employment relations in circumstances when:

• A virtual assistant uses equipment and the client’s premises for work.
• A virtual assistant is an individual, rather than a business or company.
• A virtual assistance service agreement is signed on an ongoing basis, rather than for a defined period of time.

If this is a case, relations can be considered employment by the Australian Taxation Office. In this regard, a client may be required to pay on top of the agreed fees an employee’s superannuation in the amount of at least 9.5% from the virtual assistant’s usual payment.

Insurance

When a virtual assistant is a company or business engaging their employees in the provision of services hereunder, an assistant undertakes to have all necessary insurances in place for any of the engaged workers. This is an important safeguard that protects the client in a situation if issue arises from the assistant’s work in the course of the provision of services to the client.

Limitation of Liability

It is typical for a standard services agreement to have a clause limiting a service provider’s liability in case of low-quality services. However, in a situation when a virtual assistant provides their services to a general public, including end-consumers, their liability under a virtual assistant agreement cannot be limited. In that case we are talking about statutory rights provided by Australian consumer law, which cannot be compromised.

All in all, an assistant’s liability usually shall be limited to the total amount of fees paid under the agreement. However, when the services are below a certain quality or do not meet necessary requirements, a client may either request services to be supplied again or claim back the whole amount of the paid services.

How to customise a virtual assistant agreement template with FasterDraft?

To get a fully customisable document, follow simple steps below:

1. Click the “Create Document” button.
2. Answer simple questions in the form.
3. Select a template’s format – virtual assistant agreement PDF or Word.
4. Make a payment.

The document is ready for instant download immediately after the purchase.