SVA Forum

caroline · Posted: Wed Oct 10, 2007 4:58 pm Post subject: Legal Queries

Hello

I've got a very nice man in the form of a lawyer who has offered to help us out a little bit with some customisable forms/contracts.

SO - what would you like?

Client contracts? Non-disclosure agreements? Subcontracts?

C.

Sally@Stonetext · Posted: Wed Oct 10, 2007 6:20 pm Post subject:

I've already provided a standard contract but it would be useful to have a subcontractor agreement and nondisclosure agreement (although this is included in the standard contract I donated). The standard contract has already been given the once over by my lawyer and he actually asked for a copy so his firm could use it.

The reason why I made the Useful Documents so you couldn't cut & paste was to ensure that VAs using the documents had to read and retype them so that they were fully aware of what they contain. That way SVA are covered legally.
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ASAP Admin · Moderator Joined: 12 Jul 2006 Posts: 854 Location: Glasgow

I put together my own contract and had a client (who is a Solicitor and ex employee) read and sign it and she had no qualms and I have had no problems with it. I also put together my own subcontractor one but again it would be good to have something that could be used by all.
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skva · Posted: Wed Oct 10, 2007 8:35 pm Post subject:

Uh, silly question coming up.

Do you use contracts with ALL of your clients or is it more likely that you will draw up a contract between you and a client on a monthly retainer package rather than someone who you are doing the odd bit of work for?

I was going to use the booking form that I've put together plus my T&Cs as a kind of formal agreement/contract. Is there anything I should be considering when doing this?

Thanks for any advice.

Sharon
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sheena · Star Poster Joined: 10 Nov 2006 Posts: 144 Location: Bath

I have a contract and I use it for all my clients. But what I REALLY like is a very good sub-contract agreement for when I subcontract work to other VA's

Thanks

Sheena
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Burford Secretarial · Moderator Joined: 08 Nov 2006 Posts: 540 Location: Kent

I agree a sub-contractor agreement would be a great idea.
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admindoc · Posted: Thu Oct 11, 2007 2:23 pm Post subject:

Ditto on the sub-contractor agreements. For me, it would also be useful to have a retainer package contract for when I get my first 'biggie'.

Thanks.
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janet · Posted: Thu Oct 11, 2007 11:43 pm Post subject:

Caroline

A slight digression, I know, but I understand from the VACOC website that you have their set of contract and agreement forms (at least they display a comment from you even if they think you are called Carolyn!). I am assuming that the forms are not quite relevant to the UK scene. Is it worth asking your legal friend to have a look through them to see what could be used? I am interested in the sub-contracting issue too.

Another query - would your forms cover all the UK or would any aspects of relevant Scottish law be different from that in England and Wales? (I'm not forgetting NI but am not sure if their laws might be different again??)

Just interested...

About to turn into a pumpkin so am signing off!
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Miss Jones · Joined: 21 Sep 2007 Posts: 73 Location: London

I bought those from from VACOC and they are VERY Americanised but then that's who they are aimed at I suppose. The main agreement is four pages long and probably covers anything and everything except breaking a fingernail! I bought a set for about £32 - I wish I hadn't now as I have had to re write them to suit me and now have to pay to have them checked over.

Surely an Agreement is just that, two parties agreeing what is expected of each other? If both parties agree isn't that binding enough? Maybe its just me over simplifying again! :)
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janet · Posted: Fri Oct 12, 2007 9:28 am Post subject:

That's helpful info on the American forms, and a good point about agreeing. I have a very simple one page agreement which I get my clients to sign. However, all my clients so far have been people I know well and completely trust. One of them sent me an email saying 'I agree to your VA agreement attached' and didn't sign and return it. I dropped a polite hint and then left it. I was going to say 'I really do need you to sign my agreement' but my husband persuaded me that this would be off-putting to my friend and possibly counter-productive. Actually at heart I felt the same way so I took a copy of the email for my file and left it at that. I didn't anticipate any problems working with him (I knew his reputation for trustworthiness would be important to him so why would he jeopardise it?) and there weren't any. It went well, he is very positive, and he's already been in touch about future work.

I'd certainly want a signed agreement from someone I didn't know beforehand but I agree with Miss Jones about over-complicating things. The Americans are certainly very businesslike and have everything tied up - and in many ways that's great - but they seem to have a long list of things they find 'essential' to a VA business about which I think we'd be far more relaxed.

I personally don't think British customers would take kindly to a four page agreement. My husband (a businessman) says it's not in our culture to like contracts but it may be over there in theirs. We tend to be reluctant to sign things and work more on good faith, he reckons. I think that's right.

I once asked a VA if she sent out a new contract to be signed by existing clients every time she increased her rates but it turned out she didn't - she simply advised them by letter which I realised was probably the wiser way. I noted that the Americans suggested getting their Pay as you Go clients to renew a contract every year. Does anyone do that here?
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Sally@Stonetext · Posted: Fri Oct 12, 2007 9:45 am Post subject:

It's all well and good being relaxed about signing contracts ... until you get your first problem client that you need to take to court (got the T-shirt on this one). I believe detailed email correspondence would be sufficient to provide documentary evidence of a "contract" (at least for the Small Claims Court) but this should include price and a confirmation from the client that they wish to proceed.
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janet · Posted: Fri Oct 12, 2007 9:49 am Post subject:

Thanks, Sally. Sorry you had a client like that. Good advice. I reckon it's a matter (as in most things) of balance and I find myself constantly asking myself which practices can safely cross the Pond, and which can't! Appreciated.
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ASAP Admin · Moderator Joined: 12 Jul 2006 Posts: 854 Location: Glasgow

My agreement is three pages and I have no problems with any client signing it.

janet · Posted: Fri Oct 12, 2007 10:24 am Post subject: