Hi,

I really feel like all I ever do here is ask questions! Sorry ladies!

Well, I was going to post just one question here, but thought of another one that may apply to Legalese as well.

I am currently creating my services agreement and I am torn as whether I should include a provision for a refund policy. Do I or don't I? I want to be fair, but I don't want to be taken advantage of. In most of the contracts I have looked over, I have not really seen any mention of refunds. What is your opinion on refunds?

Second is general liability insurance. Who here has it? For that matter, how about errors and omissions? Unfortunately, overtime my faith in people and their ability to resolve issues like adults has diminished. In a lawsuit happy world, I am sometimes extremely cautious.

Thank you all again.
Darlene

Darlene

We live by our service contracts which explicitly details the services that will be performed. The contract is signed and dated so that we have a legally binding agreement. Hopefully this prevents any mishaps, misunderstandings, etc. Of course, this is literally black and white. No matter what we do there will be one person who isn't completely satisfied. You have to determine if this is worth a full refund or a percentage. Granted if the customer isn't totally satisfied with the work you have performed, you will do everything in you power to make it up to the client and that may means giving back a refund. Of course, the client can view this as positive and give you more business and refer your services to others. This would be a win win situation.

I don't care liablity insurance, but I am looking into it. I do carry Erros and Omissions insurance because I am a notary so I am covered with the notary issues. I never thought about having Errors and Omissions for the VA business.

Good Luck in making your decision.

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Carla
www.bwellbusinessservices.com
virtually meeting your needs

Hi Darlene, questions are GOOD!!

Adding a clause that it is the client's responsibility to proof the final project leaves you off the hook for errors and ommissions (of course, this doesn't mean they're OK to pass on to the client...but in terms of who's legally responsible.) Unless you're creating legal documents for clients I don't see how it's a necessity (someone else may disagree with me on this, please say so if you do!)

As for a 'refund policy' I don't have anything of the sort in writing for a few reasons not the least of which is I don't want to even present the idea that that's something that is ordinary or normally going to happen in my practice. It implies that I mght have a need for such a policy (ie, lots of unhappy customers asking for refunds.) AND it will encourage certain types of clients to request a refund for every little thing.

Now, that's not to say that if you have an unhappy client you can't brainstorm and offer a financial comp to get them back on track again. But advertising that you do this is asking for all kinds of trouble

One relative point - when we take a deposit from a new client it is clearly marked as 'non-refundable' - otherwise I never use the word 'refund' in my agreement literature.

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In addition to informing your client verbally and in writing that "final" proofing is their responsibility, you could also state that minor edits found within a specified time would be done at no charge to them. However, errors found in the original material that need correction would be charged at the standard hourly rate.

You may also want to indicate that materials will be processed "as is" with no editing unless requested by the client and depending on the type of project you are working on.

BTW, I don't carry liability or E&O insurance.

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Mattie Stokes

Darlene, great questions! I have an errors and omissions because I am too a notary but I do not have any type of insurance for my VA Business. I actually put in a few calls today for rates on liability insurance.

As far as refunding, I have a clause within my contract that throws it back on the clients being responsible for accepting completed work as-is unless otherwise notified...

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Dawn Riley
A Virtual Assistant in Paradise
Our business is about making yours better

I'm just starting myself as a VA. I don't intend to have a refund statement but I did think of something as I was reading. If you would like to have a refund policy, of your own, you don't necessarily need to announce it to your customers. You can incorporate your position on refunds as part of your policies and procedures in your business plan to give yourself a rule to live by but then you are not adhered to in anyway or putting yourself on the line in front of a client. You could even put it in your marketing plan as part of your good will and maintaining positive relationships.

I have a clause that states it is the clients responsibility to provide accurate information and approve the final documents. My payment clause states that all money received is considered earned and is non-refundable.

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Rebecka Melson ~ Virtual Business Services

Rebecka, that's a very good clause. Seeing as though the work, labor, and research were completed, I would agree. They can proof and make changes but I don't think I'll do a refund policy either. Thanks