A.L.

I keep a 30-day term clause because I collect a 30-day upfront deposit (in addition to their retainer) for the life of the contract. The deposit coincides with the term clause.

There is nothing more frustrating to me than a client who decides last minute that they do not want to work with a VA anymore for whatever the reason may be. It shows lack of respect for the VA and means the client is recreating my business policies. It's my business and I create the rules so I do not like it when clients tell me what to do. If they sign my contract, they know and agree to the business policies I put in place.

By implementing a 30-term clause I use the deposit toward the last month's invoice which allows me to be paid in full.

Also, if a client decided to terminate the contract mid-month, I would have to credit the client back for prepaid monthly retainer fees. That's my time to do all that so I avoid that because it is not billable time.

You can have a shorter term clause which could be 14-days but I recommend that you include some kind of term clause, no matter what the time frame that works for you. I don't collect a 2-week deposit but that could be a possibility for some VAs. I don't have 'really bad' clients because I feel I am quite selective but if I did have one that I needed to term immediately, I'm sure that wouldn't be a problem for either party.

Giving a 30-day notice helps me to maintain my work flow, finish out the month, give me time to find another client and gives the client time to find another VA. It also prevents clients from 'dropping off the face of the earth', which they will tend to do.

The times that I have used the 30-day termination clause have been useful for me to terminate the client for not sending me the work agreed upon. And while I spoke to the client several times before making that decision to rectify the situation, it was best to do that and move on. So I used the last month's deposit to finish up work and then moved on. It is a smooth transition that way.

The key is to find clients that are a good match from the start. If the time comes to terminate that partnership, the idea is that they will be a quality client so they will not have to be terminated. And I've been able to turn a bad situation around or see the 'red flags' early enough to know not to sign with a client from the start that will need to be terminated. Here are two blog posts I wrote that may be of interest. Client Consultation Call Red Flag Warnings and After the Love is Gone - What Should a Virtual Assistant Do?

Janine

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The following are the clauses I find to be of the greatest importance in my contract.

RELATIONSHIP OF PARTIES
It is understood by the parties that Virtual Resource Services, Inc is an independent contractor with respect to Client and not an employee of Client. Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of VRSI or any employee, Virtual Assistant, or agent of VRSI. As an independent contractor, VRSI shall not be required to devote full time, attention, and energy to the performance of Client's duties pursuant to this Agreement, but agrees to adhere to Client's benchmarks and deadlines.


Work Product Ownership:
Any works copyrighted, ideas, discoveries, inventions, patents, products, or other information (collectively, the "Work Product") developed in whole or in part by VRSI in connection with the Services provided to Client shall be the exclusive property of Client with the exception of any preexisting forms, charts, ideas, products or other information, which VRSI has already created prior to entering into this agreement with Client. VRSI will allow Client unrestricted use of these preexisting products, ideas, or information, but retains the rights to reutilize said products less any information specific to Client. Client may utilize, without restrictions, any of the services or materials provided by VRSI, or its agents, servants, representatives, or employees, to Client under this agreement, in any legal manner in which Client sees suitable.

Confidentiality: (Or Other Non-Disclosure)
VRSI will not at any time or in any manner, either directly or indirectly, use for the personal benefit of VRSI or divulge, disclose, or communicate in any manner any information that is proprietary to Client. VRSI will protect such information and treat it as strictly confidential. Additionally, VRSI acknowledges that the fact VRSI is providing services to Client is also confidential as disclosure of this fact in itself may cause damage to Client. For this purpose, VRSI will consider names of all corporate entities, family members, shareholders, employees, and any other affiliate names or identities as covered by this confidentiality clause. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, VRSI will return to Client all records, notes, documentation and other items that were used, created, or controlled by VRSI during the term of this Agreement.

ILLEGIBLE OR POOR QUALITY SOURCE MATERIALS
Illegible or poor quality source materials, provided by Client to VRSI, are subject to an additional fee, paid to VRSI, based on quality of materials.

ERRORS AND OMISSIONS:
Final proof reading is the responsibility of Client. Client shall proof all materials prior to acceptance of the delivered work. All errors must be reported within twenty-four (24) hours of delivery, or work will be considered accepted. All errors reported within twenty-four (24) hours will be corrected at no additional charges. Additional fees may apply if reported after twenty-four (24) hours.


Julie

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Julie | Virtual Resource Services, Inc (VRSI)
http://www.vrsioffice.com