How to Create a Virtual Assistant Agreement
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How to Create a Virtual Assistant Agreement


What is Virtual Assistant Agreement

A Virtual Assistant Agreement is a document that establishes a contractual working relationship between two parties, the virtual assistant and the client. In this day and age, many organizations and people prefer to use online assistant services rather than invest the money and resources on an in-office or physically present assistant. Virtual assistants can do practically everything that an in-person assistant can do. In fact, many virtual assistants today run wholly online freelance enterprises. The parties agree to the conditions of their relationship in this Virtual Assistant Agreement, including what work the virtual assistant will actually undertake for the customer. If necessary, further information such as required hours can be given.

How to use Virtual Assistant Agreement

The virtual assistant agreement can be used in any situation when a client wants to engage a virtual assistant. It may be utilized by any side - in other words, it would be a suitable fit for a virtual assistant seeking for a standard template for clients. It makes no difference the size or structure of the virtual assistant project or projects; this agreement can be utilized for all forms of contractual virtual assistant interactions. Basic identifying information about the parties, such as names and addresses, will be placed into this document. Then there will be information regarding the real job and virtual assistant services, such as what projects are involved, deadlines, milestones, pricing information, and so on. After filling up this form, it should be printed so that both parties can sign it. Then, it's a great idea for both parties to keep a copy.

Below is a Sample and a Step-by-Step Guide on Creating an Agreement:

I. Scope: This Agreement establishes the terms and conditions under which Assistant agrees to provide certain Services to the Client (as detailed below). The Assistant shall be hired solely to provide these Services to the Client.

II. No employment: By virtue of this Agreement, neither party is permitted to act as the other's agent, employee, or legal representative. Except as expressly stated herein, neither party shall have the authority to govern the activities and operations of the other, and its status will remain that of an independent contractor relationship at all times.

Under the rules of this Agreement, Client may empower Assistant to act as an authorized legal representative in specific circumstances, but such conditions must be agreed to in writing by both Parties ahead of time.

III. Description of Services: This Agreement forbids each party from acting as the other's agent, employee, or legal representative. Except as specifically indicated herein, neither party shall have the ability to regulate the actions and operations of the other, and the relationship will always be that of an independent contractor.

Client may delegate authority to Assistant to act as an authorized legal representative within the terms of this Agreement, but such conditions must be agreed upon in writing by both Parties ahead of time.

IV. Warranties: Assistant represents and warrants that Assistant possesses the required knowledge, abilities, and experience to provide the Services. Assistant agrees that during the length of this Agreement, Assistant shall offer the Services at the Client's request.

V. Nonexclusivity: Assistant may engage or be employed in any other business, trade, profession, or other activity that does not place Assistant in a conflict of interest with the Client, provided, however, that Assistant shall not engage in any business activities that explicitly compete with the Client's business without the Client's prior written consent during the term.

VI. Availability: In most cases, the client has no say over the time and manner in which the Assistant performs his or her duties. However, Assistant agrees to be available for work for Client within the following time periods: 5:00 a.m. to 1:00 p.m. in the Philippines

VII. Holidays: On the following holidays, Assistant will be unavailable: Philippine and American Holidays

VIII. Fees and Expenses: Every 15th and 30th of the month, the client will be billed through an invoicing system called "PayPal," with invoices being sent on the 15th and 30th of the month.

Assistant will be paid at the following rate: Monthly payment of $300 USD The Assistant may only spend the following number of hours each week on Client's Services: 40 hours.

Payment will be made between the hours of 9:00 a.m. and 5:00 p.m. after receipt of the invoice. A late fee of the following will be applied to past-due invoices: $10 USD

IX. Taxes: If the Client chooses to use PayPal or Direct Deposit, an extra 5% fee will be charged for each PayPal transaction. If the client uses Western Union, no additional taxes or fees will be charged.

X. Response Time: Assistant commits to react to the client within the following time frame after being contacted for communication: between 15 and 30 minutes.

In the case of an emergency or other comparable dispute, Assistant will give the Client as much notice as possible if there is a potential of a temporary or long-term interruption of the Services.

XI. Deliverables and Milestones: The Assistant is responsible for completing all services on a daily basis. If the task(s) take more time to perform, the Assistant will notify the customer.

XII. Termination: The Parties may terminate this Agreement by delivering written notice prior to the designated expiration date. Notice must be given at least 15 days before termination.

In the event that either Party breaches the terms of this Agreement, it may be cancelled immediately.

This agreement will also end immediately if the Assistant or Client dies, the Assistant is unable to perform the Services due to a sudden and medically documented physical or mental disability, the Client's business is liquidated, dissolved, or discontinued in any way, or a petition is filed by or against the Client or Assistant under federal or state bankruptcy or insolvency laws. Upon the expiration or termination of this agreement, or at any other time upon the Client's written request, Assistant shall promptly:

• Deliver to the Client all deliverables (full or partial) and all hardware, software, tools, equipment, or other assets provided by the Client for

• Assistant use; Deliver to the Client all tangible documents and materials (and any copies) containing, reflecting, incorporating, or based on the Client's secret or proprietary information, as further stated elsewhere in this Agreement.

• Delete all secret or proprietary information from any of the Assistant's computer systems; and

• Certify in writing to the Client that the Assistant has met the requirements of this clause.

XIII. Confidential or Proprietary Information: Assistant acknowledges and agrees that he or she may receive confidential and/or proprietary information about Client's business. Client lists, client notes, requirements, project information, plans, and/or technology resources are examples of such information. The secret and/or proprietary information is critical to Client's business and has been generated or collected over time with considerable resources. Assistant understands and agrees that any unintentional disclosure of secret and/or proprietary information would be extremely damaging to Client. As a result, Assistant agrees to the following:

I. Not disclose private and/or proprietary information to third parties through any means not allowed by the Client;

II. Not replicate or duplicate secret and/or proprietary information unless specifically ordered to do so by the Client;

III. Not release secret and/or proprietary information to third parties in any illegal manner for at least one year following the termination of this Agreement;

IV. Use the sensitive and/or proprietary information only for the purposes expressly allowed by the Client;

V. Immediately notify Client if Assistant becomes aware of any unlawful use or disclosure of confidential and/or proprietary information.

XIV. Intellectual Property: Assistant agrees that all inventions, trade secrets, confidential and/or proprietary information, and work-product conceived, created or developed by Assistant which are related to the Client’s actual business or research and development, or developed, made, or discovered by Assistant hereby assigns to the Client the entire right, title, and interest in and to any works created under this Agreement and in to all proprietary rights therein or based thereon including without limitation any and all copyrights, patents, trademarks, or other intellectual property rights relating to all work.

XV. Portfolio Use: Despite the foregoing, Assistant shall be authorized to utilize all generated pieces of work in Assistant's professional portfolio after the Client has made such things public. Nothing in this agreement limits Assistant's right to do so.

XVI. Indemnification: Assistant and Client shall each defend, indemnify, and hold the other harmless (including all affiliates, officers, directors, employees, agents, successors, and assigns) from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorney’s fees) arising out of or resulting from bodily injury, death of any person, damage, real or intangible, to personal property resulting from the other’s acts or omissions or the breach of any representation, warranty, or obligation under this Agreement.

XVII. Survival: Any provision of this Agreement that imposes continuing duties on either of the Parties by its provisions will survive its termination.

XVIII. Dispute Resolution: If the Parties have a disagreement about or arising out of this Agreement, they must first endeavor to resolve the disagreement individually and in good faith. If these efforts at personal resolution fail, the Parties will proceed to binding arbitration. The arbitration will take place in the county and state specified in this Agreement's GOVERNING LAW clause. The arbitration will be conducted by a single arbitrator who will not have the authority to add parties, change the terms of this Agreement, impose punitive damages, or certify a class. The arbitrator is governed by federal law, as well as the laws of the Philippines and the United States of America/State of Hawaii. Each Party is responsible for their own expenses and fees. Contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes, or regulations are all examples of claims that require arbitration under this provision.

XIX. Governing Law: Without giving effect to any choice or conflict of law provision or rule, this Agreement shall be governed by and construed in conformity with the domestic laws of Tarlac Philippines and Maui Hawaii. In any legal suit, action, or proceeding arising out of or based on this Agreement or the Services supplied hereunder, each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following nation.

XX. Benefit: Each of the parties hereto, as well as their respective heirs, representatives, successors, and assigns, are bound by and benefit from this Agreement.

XXI. Counterparts: This Agreement may be executed in multiple counterparts, each of which will be treated as a single contract. The Agreement will take effect on the above-mentioned date.

XXII. Notices: All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a "Notice") must be in writing and sent to the Parties at the addresses listed on the first page of this Agreement. All notices shall be given by email or by personal delivery, nationally recognized overnight courier (with all fees prepaid), or certified or registered mail to the addresses that the parties may specify to each other (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only if (a) the receiving party has received the Notice and (b) the party giving the Notice has complied with the requirements of this Section.

XXIII. Force Majeure: Assistant is not responsible for any failure to perform due to events beyond its reasonable control, such as acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other unanticipated circumstances.

XXIV. Headings: The headings in this Agreement are intended for your convenience. Headings have no bearing on the provisions themselves and are not to be read in any way that limits or affects the contents of this Agreement.

XXV. Entire Agreement; Modification: The agreement encapsulates the full understanding between the Client and the Assistant regarding the subject topic. Only if both parties agree in writing can this Agreement be altered, modified, or dismissed.


SO, WHAT'S NEXT?

Hi, I'm Paul. If you enjoyed reading this article you might like to read also:

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