Administration, accounting, consulting, and secretarial services are some of the services offered by virtual assistants, one of the web-related professions that has grown in popularity in recent years. And now, remote paralegal is seen on the rise. So the question is, Can Paralegals Work From Home?
In this era, more professionals have taken advantage of the opportunity to offer their professional services remotely, effectively working freelance. And virtual assistant job offers have become numerous, as more and more companies and freelancers decide to take advantage of them.
But how do you set up a virtual assistant contract?
This type of collaboration offers a clear advantage for companies and freelancers: the ability to outsource various tasks, without hiring the worker and bearing the associated costs and commitments.
On the other hand, working from home as a virtual assistant is an attractive option for those who prefer to work online and manage their time independently.
Therefore, it is essential for both the freelancer and the client to consult a lawyer with expertise in web law to best manage the remote collaboration relationship, precisely to prevent one of the parties from demanding the same obligations deriving from an employment relationship (availability, hours and financial obligations).
Given the multitude and variability of services a virtual assistant can offer, this type of professional relationship is not subject to specific regulations, nor are there professional registers and/or professional associations.
Therefore, for virtual assistant contracts, it is necessary to refer to the general regulations governing service contracts , as with other types of freelance contracts. Where necessary, the contract should be supplemented with specific clauses to specifically regulate the individual services covered by the contract.
But what does a virtual assistant do? What specific clauses should a collaboration contract of this type include?
How to draft a virtual assistance contract
A virtual assistant is a professional who performs various services remotely, ranging from secretarial services to consulting. Typically, this profession is performed remotely, and the most sought-after role is that of a virtual secretary .
To understand how to draft a virtual assistant contract, you must first focus on what a virtual assistant does and what type of commitment is required. These considerations will help you define the scope of the contract (general secretarial services, administration, accounting), the timeframes, and payment management.
I’ll explain the main elements of the virtual assistance contract.
What is the purpose of the virtual assistance contract?
A virtual assistance contract may involve a freelancer providing various remote services for a fee. Some of these services and related activities include:
General secretary: the virtual secretary manages email and/or appointment scheduling, transcribes audio/video files, organizes travel and/or events, conducts online research, and creates PowerPoint presentations; a typical example is the virtual secretary for a medical office.
Administration: This involves preparing estimates, issuing and recording invoices, sending them to customers, and creating Excel documents.
Blogging and web marketing: includes creating and sending newsletters, opening and managing social media profiles, producing content and articles for the blog and social networks, and creating banners and graphics using Canva and/or Photoshop.
Web development: A web developer develops and manages websites, applications, and corporate networks. Their duties also include website management and maintenance, as well as search engine optimization (SEO) .
Recruitment and selection: Among the tasks a virtual assistant can perform are activities closely related to recruitment, such as posting job ads, actively searching for candidates, analyzing resumes, and organizing and participating in videoconference interviews.
Within the virtual personal assistant contract, therefore, it will be necessary to describe the individual services provided, specifying, for each of them, the number, type, technical specifications, and terms of the interventions included in the agreement.
How a virtual assistant’s services should be provided
It’s important for the freelancer to clarify from the outset how they will conduct their work with the client. Generally, they must be completely operational and managerially independent, with no obligation to be present or subordinate to the client. In any case, the necessary coordination activities will be carried out with the client.
It is also appropriate to establish whether or not the provision of services is guaranteed for a certain number of hours per week and for a total number of weeks during the year.
Additional clauses to be included in the contract concern:
- Possible exclusivity obligation
- The possible possibility of making use of other collaborators, under one’s own direction and responsibility , it being understood that the activities will be carried out with the prevalent work of the freelancer
- In the event that the customer requests the provision of part of the services in person, he is obliged to reimburse the expenses , which include travel and accommodation expenses.
- Confidentiality: the freelancer undertakes to keep confidential any information he or she becomes aware of during the provision of his or her services.
- Personal data protection: Personal data protection must also be achieved through the appointment of a data controller. Through this appointment, the client, i.e., the entity for whom the virtual assistant provides services, provides the necessary instructions for the processing of personal data that the virtual assistant will process on their behalf.
Once the object of the contract has been defined, the economic aspects and the required commitment will need to be established .
Limitation of liability
The virtual assistance contract may include the following clauses limiting the freelancer’s liability:
- The freelancer does not provide any guarantee regarding the services provided or due, even with regards to the results of such services or their suitability for a specific purpose;
- The freelancer is not responsible:
- Of damages suffered by the customer or third parties in relation to personal data processed which appear to have been acquired, processed and/or stored by the customer in a manner that does not comply with the GDPR;
- For damages suffered by the customer or third parties as a result of the preparation of estimates and/or the issuance and registration of invoices containing incorrect amounts and/or data as a consequence of the customer’s incorrect communication of the same;
- In the event that the customer does not provide the information required for the provision of services.
It is also appropriate to specify that in order to perform the services, the client must provide the necessary materials and/or documentation.
Further clauses
The virtual assistant or virtual secretary contract must also include the following clauses:
Cases of contract termination
The competent court : that is, the court competent for any disputes regarding the execution or interpretation of the contract.
Therefore, the contract must describe the reasons for termination of the contract which, according to the Civil Code, concern non-fulfilment, supervening impossibility or the impossibility of bearing the costs.
Every freelance contract must contain an indication of the competent court , i.e. the court to which one should turn in the event of legal disputes.
Request your personalized virtual assistant contract
The virtual assistant contract is a fundamental element for properly managing the working relationship between virtual assistant and client. As with many other freelance contract templates, there are no specific explanations; instead, you should refer to the generic service contract.
Therefore, the basic structure is followed, but each aspect must be customized, adding specific clauses for each situation.
To avoid misunderstandings or legal issues, it’s always best to regulate employment relationships in advance, ensuring both parties’ obligations are clear.
Furthermore, a virtual assistant contract guarantees that both the client and the client are protected, thus avoiding any misunderstandings.