Virtual Assistant Agreement

What is a virtual assistant agreement?

A virtual assistant agreement is a document used between a virtual assistant and client to create a contractual working relationship. In the age of the internet, many businesses and individuals are choosing to utilize online assistant services, instead of spending the money and resources on an in-office or physically present assistant. Virtual assistants can assist with almost everything an in-person assistant can. In fact, many virtual assistants now have freelance businesses entirely online. This document outlines the terms of the agreement between the assistant and the client.

What is the difference between a virtual assistant agreement and an employment agreement?

The main difference between these two contracts is the nature of the relationship created between the parties. With a virtual assistant agreement, the person providing assistant services is usually an external service provider. They control their own work schedule, finances, and taxes. They are not entitled to receive employment benefits, such as health insurance or a retirement account. The work they do is typically on one specific project or service.

Using an employment agreement creates an employee and employer relationship between the parties. The employer exerts much more control than in a service agreement, dictating the employee's hours, tax witholdings, and pay schedule. The employee receives employment benefits and their work is broader and often indefinite.

Is it mandatory to have a virtual assistant agreement?

No, it is not mandatory to use a virtual assistant agreement. However, it is highly advisable as it makes sure that both the assistant and client have a clear idea of the services that will be provided and the terms under which this will happen. It acts as protection for one or both of the parties in case there is a problem or future dispute related to the arrangement.

What is a "virtual assistant"?

A virtual assistant is a remote worker who provides administrative and/or technical assistance to clients. Virtual assistants are typically freelancers who work for their clients on a contract basis. They perform tasks that would be performed by an in-person assistant, such as scheduling and email management, but do this from a remote location using digital communication tools.

What is a "retainer"?

A retainer is money that is paid to the assistant upfront before the services begin. This payment is used to cover a specific amount of the assistant's time or services. It essentially guarantees that the assistant will be available to provide services to the client during this time.

What must a virtual assistant agreement include?

A valid virtual assistant agreement must include at least the following mandatory clauses:

• Identifying information: The virtual assistant agreement includes the name, address, and contact information for both the virtual assistant and the client.
• Scope of services: One of the most important parts of the virtual assistant agreement is a description of the scope of services that will be offered. The virtual assistant and the client define their expectations for the work that will be done and when the virtual assistant will be available to do it.
• Payment terms: The virtual assistant agreement will include a description of when, how, and how much the assistant will be paid for their services. This can include details such as requiring a retainer before work will begin, as well as a late fee policy.
• Start date and completion date: The virtual assistant agreement will state the date that the assistant is expected to begin providing the services. It also includes the date when the assistant will complete the services they will provide to the client. If this date is not known, the agreement will say that the agreement will end at some date in the future when the assistant has finished rendering all the agreed upon services to the client.

In addition to the above mandatory information, the following information may also be included:

• Milestones: If there are specific milestones the virtual assistant will be required to hit in their work, such as finishing steps of a certain project, these can be described in the agreement.

Who may enter into a virtual assistant agreement?

Both individuals and businesses may enter into virtual assistant agreements. For individuals entering into virtual assistant agreements, they must be of legal age to enter into a contract, 18 years of age or older in most states. They must also be mentally competent to enter into a contract. Business entities entering into a virtual assistant agreement must have the legal authority to do so, usually outlined in the business' governing documents, such as bylaws or operating agreement.

What is the duration of a virtual assistant agreement?

Although virtual assistant agreements are typically used for specific projects or services provided to a client in a limited scope, a virtual assistant agreement may also be indefinite.

What has to be done once the virtual assistant agreement is written?

Once the agreement is complete, both the assistant and client should sign and date the virtual assistant agreement. The document does not need to be notarized or witnessed to be legally binding. The parties should each save a copy of the virtual assistant agreement in their files for future reference and in case of dispute or disagreement.

Which laws are applicable to a virtual assistant agreement?

Virtual assistant agreements in the United States are subject to both federal laws and specific state laws, which cover general contract principles like formation and mutual understanding. Federal laws may restrict which services may be contracted for (e.g., no one may contract for anything illegal) and certain broad categories, like contracting for something that looks more like an employment relationship, but individual state laws usually govern the interpretation of the contract in case of a dispute.

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