All About Virtual Assistants Contracts

Lessons from a Digital Marketing Virtual Assistant Who Actually Does the Work:

One of the most intimidating steps of becoming a freelancer or digital service provider is creating your virtual assistant contracts.

Virtual assistant contracts are daunting and full of confusing legal jargon. So today we’ll break it down into what you really need to know … and why you need a contract.

If you’re already working as a virtual assistant, this will article help you refine your contract and include terms you may have forgotten.

If you’re brand new, it’s a great place to start. I highly recommend grabbing Braden Drake’s Contract Vault for $30 and starting with one of his templates.

If you’re a business owner hiring a virtual assistant to your team, this will help you understand the contract you’re signing and make sure your bases are covered too.

So let’s dig in!

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Hi, I’m Emily

I have been freelancing since 2009 when I started writing press releases for some of my local clients. I kinda fell into freelance retainer work after. It changed my life. As a military spouse who moves every 1-3 years, it was the first time my work moved (or PCSed) with me and I didn’t have to keep starting over.

This freelance work changed my life in other ways too:

• • It allowed me to be home with my four kids and be the one to raise them

• • I made extra money for fun things like travel, massages, kids’ extracurricular activities or car repairs.

• • My brain stayed active, challenged, and up-to-date.

• • I was part of a team again.

• • I got to help people (my clients!)

• • I had my own thing outside of mom life or my husband’s military rank.

For the last decade, I’ve worked with clients in retainers, projects, and fractional services. My client load has always been full because I offer a rare skill set that involves marketing.

So now I teach my fellow over-educated, under-employed military spouses, and stay-at-home mom friends how to do the same work I still do inside the Unicorn Digital Marketing Assistant School. We focus on the marketing tactics of email, funnels, content, SEO, social, and affiliate marketing. It’s level-one marketing that opens the doors to other managerial positions and creative specialities.

To be successful at any independent contractor business, whether a virtual assistant, marketing assistant, or any kind of digital service provider, we must set up our business and run it legally. And that means contracts.

 

Why Do I Need a Contract?

It comes down to three reasons: protection, professionalism, and legal requirements of operating as an independent contractor.

The simplest way to prove that a client has asked you to do work, has agreed to pay you for it, and has the work has been accepted by you is to have a written document signed by both parties. Legally, oral contracts exist but are harder to prove in court.

Contracts are also known as Client Services Agreements (CSAs)

A client service agreement is a legal contract that specifies the relationship and responsibilities between a client and a service provider. It’s important that you are clear on the scope of your work plus how and when you will get paid. A contract will help you navigate expected events.

 

As an independent contractor, there are a couple of things to know:

Your clients cannot treat you like an employee, or they will get in trouble with the IRS. There are laws that protect you against this misclassification. The IRS states “individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.”

 

1. You must have a contract.
2. Your client may not dictate the timeline, structure, style, and other parameters of a project or workload. You get to control this!
3. Your client may not treat you like an employee: giving you paid time off, reimbursing for expenses, etc.
4. You must perform a task or service that is outside the client’s usual course of business. (You can’t be working on the main business service. I.e. it’s a copywriting agency and you’re are doing most of their copywriting.)
5. You must pay your own self-employment tax.

As an independent contractor, you must be your own advocate and look out for yourself in these situations. You will look smarter, gain trust and see why you need to charge more as a freelancer.

I know many VAs who become full-time employees on their teams. That’s because once they get contracted, start doing work and prove themselves, they become indispensable. I teach this inside the Unicorn Digital Marketing Assistant School. If you can just get your foot in the door, you will quickly become invaluable and one hot commodity.

Ok, now that we’ve covered those basics, let’s talk about contracts.

 

Virtual Assistant Contracts & Client Service Agreements with Attorney Braden Drake

Braden explains why contracts instill confidence in your work abilities with every client.

Why do you need a contract? What should you do if someone has paid you and ghosted? Watch this.

 

 

A quick 9-minute video on virtual assistant contracts — If this information is helpful, please leave a thumbs up and subscribe to my channel while you’re there!

 

What Goes in Virtual Assistants Contract or CSA?

Contracts set the tone for your working relationship. Be clear as possible. Really think about what you need to do your job and what will make the relationship successful.

Be clear on your pricing. Is this a fixed fee? Retainer? Hourly? And when is the work billed? Before? After? 50% down? You cannot surprise your client after you’ve made these agreements.

Here’s what to include in your virtual assistant contract:

1. Your Fee
2. Your Services – Scope of Work, Responsibilities, Deliverables
3. What Services do you NOT include
4. Payment Terms – When and How – Deposit? Late Fees? Penalties?
5. Retainer hours, rollovers + overcharge
6. Restart Fees, Rush Fees
7. Deadlines, Key Project Dates
8. Client Deliverables, Deadlines & Turnaround Times
9. Revision Process & Limitations
10. Communication Channels
11. Contact Times, Working Hours
12. Who do you work with/ report to
13. Contract Length
14. Termination Terms
15. Confidential Info, Ownership Rights
16. Include a place for signature and date

Also note: Termination terms are crucial. We don’t always terminate virtual assistant contracts for bad reasons. Yes, sometimes we get off the “happy path” with clients and service providers, but the contract has not been breached. Sometimes we just need to renegotiate, add to the services, or change the pay. Your termination terms will say exactly how to do this. Termination for convenience is common practice to be “30 days written notice via email.”

Breach of Contract

A breach of contract is a violation of any of the agreed-upon terms and conditions of a binding contract. The breach could be anything from a late payment to a more serious violation, such as the failure to deliver a promised asset or missed deadlines. It also includes those awkward moments when the client fails to perform their part and get you what you need to do your jobs. (Hence I included the client’s deliverables in the contract checklist.) The non-breaching party can pursue a claim for damages caused by the breach.

So always do your obligations as the digital service provider and communicate ahead of time if something will get in the way of you performing your contractual obligations. Most clients are understanding.

Also note: When a contract has been breached by the client, aka they didn’t pay you on time, the contract can be terminated.