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04-28-2009
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Resident Member
Company name: Modern Marketing Support
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Join Date: Sep 2007
Location: Ontario, Canada
Posts: 1,250
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Re: Client Agreement (Contract) vs. Independent Contractor Agreement
Hi Ladies,
I've been absent from these forums for awhile but I wanted to let you know that we have a great library of free forms here in the VAF document library. These forms are courtesy of other VAs.
I have more "official looking" forms that I purchased elsewhere but I don't use them. The service agreement form I use was found right here at VAF.
__________________
Shari Sultana
Online Business Manager (marketing for retail ecommerce)
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04-28-2009
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New Member
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Join Date: Apr 2009
Posts: 49
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Re: Client Agreement (Contract) vs. Independent Contractor Agreement
I am definately interested.....
Originally Posted by "Virtually There"
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That would be great...I could share what I have if you are interested???
Thanks,
Evelyn
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04-29-2009
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Contributing Member
Company name: Upscale Contract Management
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Join Date: Sep 2008
Posts: 72
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Re: Client Agreement (Contract) vs. Independent Contractor Agreement
Cindy,
I grappled with that question too. I decided to include the pricing inside of the agreement. In my experience, separate exhibits to the agreement tend to get "lost" by the client. For instance, in Article 1 of the agreement, I will list all of the duties that I am to perform for the client. Just to the right of each particular duty, I plan to add the rate. So, just as an example, Article 1 will look like this:
"1. Engagement. Client engages VA to render, and VA agrees to render to Client, certain office management services as follows:
a) Website Maintenance $35.00 per hour (minimum 1 hour)
b) Preparation of Policies and Procedures Manual $45.00 per hour
c) Internet Research $25.00 per hour (minimum 1 hour)
In the event that I perform a duty in the future that was not listed on the original agreement, I plan to confirm all pricing via email and to send an amendment to the agreement that includes pricing for the new duty. That way, I have email confirmation/documentation AND an amendment, in case of any disputes up the road.
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04-29-2009
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Contributing Member
Company name: Upscale Contract Management
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Join Date: Sep 2008
Posts: 72
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Re: Client Agreement (Contract) vs. Independent Contractor Agreement
Just curious,
How do you feel about making your client agreement available for download on your website?
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05-04-2009
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Contributing Member
Company name: Upscale Contract Management
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Join Date: Sep 2008
Posts: 72
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Re: Client Agreement (Contract) vs. Independent Contractor Agreement
OK Ladies,
I've finished the Agreement, however the file exceeds the storage limit set by this forum. I would truly love to receive feedback regarding the Agreement, so if you care to review please send a PM and I will email it to you.
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05-04-2009
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Senior Member
Company name: The Virtual Office Goddess, LLC
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Join Date: Aug 2007
Location: Boulder, CO
Posts: 2,887
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Re: Client Agreement (Contract) vs. Independent Contractor Agreement
Also check the forum document library as I believe there are some contracts available.
IMHO, using an independent contractor agreement signifies more of an employee-type relationship than a business-to-business relationship; that's why I don't use one, only a standard contract and a Confidentiality Agreement.
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02-16-2010
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New Member
Company name: Watt's The Answer
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Join Date: Feb 2010
Location: Kings Langley, Sydney
Posts: 2
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Re: Client Agreement (Contract) vs. Independent Contractor Agreement
I have just started my Virtual Business at the beginning of the year and am in the process of setting up a contract for my first client. I am always so amazed at what an incredible industry this is- with people willing to support and give advice. Thanks girls...
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02-23-2010
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Contributing Member
Company name: Virtual Resource Services, Inc.
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Join Date: Jan 2010
Location: Arizona
Posts: 176
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Re: Client Agreement (Contract) vs. Independent Contractor Agreement
I agree with the above posts. Use a Client Service Agreement with included Independent Contractor language, not just an Independent Contractor Agreement. You are contacting with your clients as a business not as an individual. (Clients should be making payments to your company name, not your personal name.)
You should also supply your clients with a W-9. You can find a copy of a W-9 on the IRS website at: http://www.irs.gov/pub/irs-pdf/fw9.pdf.
Your Client Service Agreement should also have a section with Confidentiality / Non-Disclosure language.
Julie
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03-05-2010
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Contributing Member
Company name: Virtual Resource Services, Inc.
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Join Date: Jan 2010
Location: Arizona
Posts: 176
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Re: Client Agreement (Contract) vs. Independent Contractor Agreement
If your interested, I have my Service Agreement posted on my website. You are welcome to look at or download. (The download on my forms page is in a PDF file format. If you need it in a word format, this can be downloaded by clicking on the small gray dot in the bottom right corner of my forms page.)
Link to my forms page: http://www.vrsioffice.com/forms/forms.html
Julie
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03-05-2010
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Contributing Member
Company name: Upscale Contract Management
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Join Date: Sep 2008
Posts: 72
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Re: Client Agreement (Contract) vs. Independent Contractor Agreement
Julie,
Thanks for offering your contract as an example. My specialty is contract administration so I am always interested in reviewing contracts. I found a few terms within your contract that weren't appropriate terms. Take a look at Article 4.5, in the
1st line after, "hereby unconditionally", the term used in the contract is "identifies" but the appropriate term should be, "indemnifies", it was probably a typo, but if this contract is ever the subject of any litigation, you want to be fully protected.
Also, in Article 6.0, the appropriate term is "liquidated damages" vs. "liquid damages", please consider me a resource if you have contract questions.
Melanie
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08-18-2010
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Contributing Member
Company name: Celestial Caring Enterprises, LLC
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Join Date: Mar 2009
Location: Maryland
Posts: 53
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Re: Client Agreement (Contract) vs. Independent Contractor Agreement
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Quote:
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Neither the Virtual Assistant nor anyone employed by it shall be, represent, act, purport to act or be deemed to be an agent, representative, employee or servant of the Acme Corporation."
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I am a bit confused. Please correct me if I am wrong. A Virtual Assistant is NOT considered an agent to their client's business.
What if you are having ALOT of direct and indirect contact with their clients on behalf of the VA's client's business???????
__________________
 Tishawn
Celestial Caring Enterprises, LLC
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08-22-2010
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Contributing Member
Company name: Upscale Contract Management
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Join Date: Sep 2008
Posts: 72
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Re: Client Agreement (Contract) vs. Independent Contractor Agreement
Hello,
Thanks for your question. Agency is a very popular topic as it relates to VAs.
Although a VA may have extensive interaction with his/her client's clients, if you are working on an independent contractor basis, you are NOT considered an agent or representative of your client. The VA is simply hired to perform duties/projects/tasks that benefit his/her client, but the VA is not an agent of that client.
An agent/rep holds tremendous power. In most cases, when a person acts as an agent or representative, that person has the legal authority to bind the client he/she is working for to contracts or obligations which can create liabilities for the client.
Typically, an agent/rep can do some or all of the following on behalf of his/her client:
1) Write checks without direction or instruction from the client
2) Execute contracts
3) Make investment decisions
Hope that helps. Feel free to use me as a resource in the future.
Melanie
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