Should you sign your client’s contract?

Lately, I am seeing an increase in the number of Virtual Assistants with their own contracts who are being asked to sign their clients contracts.

So I asked Annabel Kaye, founder and director of KoffeeKlatch, should Virtual Assistants sign our client’s contracts?

Here are some things to think about before you decide to:

•  Is it a contract or a data processing agreement (DPA)

In theory whichever one of you provides the main contract the data controller ( your client s) gives the data processor (you ) a DPA setting out how the personal data you access can be used, why, how it must be secured etc.

Signing a client’s DPA (once you have read and understood it) is not the same thing as signing the client’s contract – which covers a lot more.

 

• Can you sign both contracts?

It is not a good idea to sign two contracts.  Even if they give similar rights, they are highly unlikely to use the same wording.   The only people who make money out of two contracts covering the same work are lawyers who are called in when things go wrong to try to argue which contractual term applies.

 

• What should you do?

Many VAs work on the basis of ‘my business, my terms’   And that is OK.  But sometimes this means losing the client.   Not everyone feels in a position to do that.

 

• Read the client’s proposed contract carefully

Sit down and read the client’s contract carefully and slowly.    If you can make a copy of it, it can help to make notes or comments on the copy document so you know where you have found things.

The main types of contracts you will be faced with are:

• Contracts written in so much legal jargon you can’t make head or tail of them.  If that is what you are looking at, take a look at our jargon buster here.
• Contracts clearly written by or for USA businesses that completely ignore anything to do with UK or EU data privacy and GDPR.  Many of them will also seek ‘unlimited damages in the USA and seek enforcement in the USA as well.  Unless you are in the USA you will have problems with your professional indemnity insurance if you don’t talk to them before signing a contract enforceable in the USA.  No-one can insure for unlimited liability so this is not something you want to sign.
• Contracts that don’t really read like one document.  Often people cut and paste things from other contracts they like, or web pages they have noticed and put together a contract that simply contradicts itself or refers to other documents and paragraphs that are not there!   You really should not be signing anything like that.
• Occasionally you will come across something that is easy to read and understand, but just written by someone else.  Those are the easiest ones to deal with.

 

•  Note the differences

Make a note of the differences that hurt you (increased liability, slower payment terms, for example)

Make a note of the things your clients contracts give them that yours don’t.

 

• Ask questions

It can be helpful to ask your client some questions.  For example.  My contract gives you ….but yours says you want …..   Why do you want this?  What do you need to do that my contract does not let you do?

By now, of course, you should be entirely familiar with what your own contract does for you and for your client.   

 

• Measure the gap

How big is the gap?  Quite often this can resolved by adding a few works to your Booking form (if you are using KoffeeKlatch contracts).

 

• Negotiate

You are in business for yourself.  That means you don’t have to take it all or leave it all, you can negotiate.  

 

• Decide

At some point you have to decide whether this is the client and the ‘deal’ for you.  But always do this knowing what you are taking on.  Don’t just sign contracts you don’t understand.

 

• Learn

Whatever the outcome, take the opportunity to learn from this.  Make sure it is clear when you do your discovery calls that your rates are ‘subject to your terms of business’ and make sure your terms of business are accessible at this stage.  Make sure you learn from where the sticking points are between you and your client so that you can prepare for them in the future if you need to.

Learning about contracts takes time, so don’t worry if you feel you didn’t get it all right first time around.  You will learn as you go.

 

Please don’t work without contracts if you’re a Virtual Assistant

Not only do contracts protect you they also they also reassure the client that you take theirs and your own Virtual Assistant business seriously, and that you work professionally.

If you’re wondering where can you get contracts for your Virtual Assistant business; I use and recommend KoffeeKlatch contracts. Get yours here.