I've just created my contract for one-time projects. Instead of making it complicated and wordy, I decided to call it a Letter of Agreement and keep it simple. The services and rate will be customized for each client.

The first line will contain my company name, etc ("Consultant") and the client's ("Client"). Then:


· Services: ______________________________ _____________
· Rate: $___ per hour, one hour minimum. Additional time thereafter is billed in 15-minute increments. Rates for additional services not listed above will vary based on type of project and will be agreed upon in writing prior to any work being done.
· Initial Consultation: FREE 30 minute initial consultation. Additional time will be billed at the above rate.
· Expenses: Expenses which are necessary to complete the project are fully reimbursable to Consultant and due with invoice payment. This includes materials/supplies,long distance telephone calls, printing/photocopying, and so forth. If materials must be purchased solely for Client,Consultant will get prior authorization from Client for such expenditures and attach copies of store receipts to each invoice.
· Billable Tasks: The time it takes to perform tasks necessary to complete each project is carefully logged. Billable time also includes traveling to and from Client’s location, communication time, shopping for reimbursable materials/supplies, etc.
· New Task Learning: If Consultant must learn new tasks and/or programs beyond those she has a working knowledge of in order to carry out the project, some or all of the time will be billable. The percentage of time that is billable will be assessed and approved by Client prior to any work being done.
· Sales Tax: Some services are subject to 6% Florida state sales tax. In order to comply with state regulations, such services will be billed on a separate invoice from the non-taxable services. Both invoices can be paid with one check, however.
· Payment Terms:Payment is due upon receipt of invoice and delivery of completed tasks.
· Payment Options: Check, PayPal, or cash (receipt will be provided).
· Relationship of Parties: Consultant is an Independent Contractor and is not an employee of Client. The Client will not provide benefits such as health insurance, paid vacation or any other employee benefit for Consultant. The Consultant is also responsible for her own taxes and other withholdings.
· Confidentiality: Consultant agrees not to either directly or indirectly use any of Client’s proprietary information for Consultant’s own benefit nor to divulge, disclose, or communicate in any manner any information to any third party without the prior written consent of Client.
· Referral Bonus Program — If Client refers a new customer to Consultant, Client will receive 20% off the next project after new customer’s payment is received.


At the bottom, of course, are signature and date lines.

Can anyone suggest better/clearer wording, or anything I need to leave out or add in?

Expert input would be greatly appreciated!

zippy

Zippy,

I would include office hours, how long the rate is good for, how long the contract is in effect (30 days); if they don't sign right away and any rush fee if applicable.

Confidentiality applies to the client to you as well. So I would include this.

Disclosure statement

Non-compete clause (if applicable)

When invoices are sent out...payment terms and non-payment fees policy. You should include this in the event you are not paid.

Just a couple of suggestions off the top of my head.

Janine

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Thanks, Janine! Just a couple of clarifying questions to make sure I understand:



how long the rate is good for, how long the contract is in effect (30 days) -- in the case of an ongoing client, I would put the length of the term and also that rates can be evaluated at any time during the year. But for a one-time client, how about something like this as line #2:

Deadline: Project will be completed within 10 days.



if they don't sign right away -- what does this mean?



any rush fee if applicable -- what would a fair rush fee be? For example, on a $25 per hour project would a $10 per hour rush fee be too much? Or should it be expressed as a flat amount? Let's say the bill comes to $150 ($25 per hour x 6 hours). Would a $50 flat rush fee seem like too much? (That works out to $8.33 per hour more than the regular rate.)



Confidentiality applies to the client to you as well. So I would include this. -- what does this mean?



Disclosure statement -- what is that?



Non-compete clause (if applicable) -- what is that?



When invoices are sent out...payment terms and non-payment fees policy. You should include this in the event you are not paid. -- I would do that for an ongoing client, but for a one-time client payment is due upon receipt of invoice and after they pay I give them the completed project.


Thanks again ...

Thanks, Janine! Just a couple of clarifying questions to make sure I understand:

Responses indicated with >>>>

how long the rate is good for, how long the contract is in effect (30 days) -- in the case of an ongoing client, I would put the length of the term and also that rates can be evaluated at any time during the year. But for a one-time client, how about something like this as line #2:

>>>>If any client (project or ongoing doesn't sign your contract, you should state how long the contract is valid. After say, 30 days, the quote you offer could be revised. This helps to get people to sign quickly and it protects you if your rates change after the client is quoted.

Deadline: Project will be completed within 10 days.

>>>I would include a reasonable turn around time plus time for mishaps. If 10 days is suitable, then that is fine.

if they don't sign right away -- what does this mean?
>>>>I means that if the client doesn't sign right away, you should state how long the rate quote is good for.


any rush fee if applicable -- what would a fair rush fee be? For example, on a $25 per hour project would a $10 per hour rush fee be too much? Or should it be expressed as a flat amount? Let's say the bill comes to $150 ($25 per hour x 6 hours). Would a $50 flat rush fee seem like too much? (That works out to $8.33 per hour more than the regular rate.)
>>>>A Flat rate fee of your own choosing. Don't worry too much about it being 'too much'. It's there to compensate for your time...you decide how valuable your weekend time is. I use it to discourage being handed work on a Friday and being expected to complete it by Monday morning.


Confidentiality applies to the client to you as well. So I would include this. -- what does this mean?

>>It means that not only should you abide by a confidentiality statement but the client should as well about you and your business.

Disclosure statement -- what is that?
>>>>Check the document library here on VAF. and here for a disclosure statement.

I would suggest you check for samples of VA contracts which includes the information I am suggesting here.

>>>Here's another site which has free documents docstoc.com


Non-compete clause (if applicable) -- what is that?
>>>>Here's a thread which has the definition of non-compete. It is usually applied to those who subcontract but I keep it in my contract for all types of clients.


When invoices are sent out...payment terms and non-payment fees policy. You should include this in the event you are not paid. -- I would do that for an ongoing client, but for a one-time client payment is due upon receipt of invoice and after they pay I give them the completed project.
>>>>Then you would not need non-payment information.

====>You can also use the Search feature in the upper right hand corner of this site to find anything that has been discussed here. It's a great help!

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Wow, thanks again Janine! I've explored all the suggestions you offered. The non-disclosure statement was much too verbose for my needs so I just adapted one sentence from it and revised my Confidentiality section to say:


· Confidentiality: All Confidential Information which may be obtained from any source as a result of this Agreement shall beregarded and preserved as confidential. Each party agrees not to directly or indirectly use any proprietary information for its own benefit nor to divulge, disclose, or communicate such information to any third party without prior written consent.


And I also added:


· Deadline: Project will be completed within ___ calendar days. If Client changes the deadline to an earlier date, there will be a ___ Rush Fee.



I just LOVE this forum! Thanks for the suggestion on searching too, it helps a lot. I finally figured out that if I'm searching for a phrase, quotation marks have to be used in the search box or else it will produce too many non-targeted results. Now it's a breeze.


zippy

I was wondering what most VA's do as far as when signing agreements.

Do you sign the Confidentiality/Non-Disclosure Agreements that your client drafts for you to sign or do you include it in your own agreement that you have drafted for your client to sign? Which is best for a VA to do? I look forward to hearing back from someone. Thank you!

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Tishawn
Celestial Caring Enterprises, LLC

As per my case, I don't immediately sign the contract prepared by the client. I always make it a point to ask for a day or two so that I can read through and examine the terms thereof. If I find something wrong, prejudicial, unfair or disagreeable, I call the attention of my client to the clause, phrase, or whatever is applicable and then I propose my terms and negotiate the same.

The best practice is to READ first EVERYTHING. Think about what you would like to be included there especially those things that will be beneficial to you and the client and/or will foster a good working relationship.

Just my 2 cents.