Remote Contractor Agreement Checklist: The Clauses to Agree Before Your Assistant Starts

Before a remote assistant starts, agree twelve points in writing: the parties, scope, hours, pay, term and ending, confidentiality, ownership of work, data security and tool access, the working relationship, communication, conflicts of interest, and governing law. Keep it short, have both sides sign it, and ask a qualified adviser to review it for where you operate.

A remote contractor agreement is a written contract for services between a business and a self-employed person working remotely, setting out the work, pay, ownership, confidentiality and how the arrangement ends. This is general information, not legal advice, and rules vary by place.

When you hire a virtual assistant through DonutJobs, you find and shortlist the person, agree these terms directly with your hire and pay them directly. DonutJobs does not supply a contract for marketplace hires. On its managed virtual assistant service, DonutJobs contracts and pays the assistant itself.

The Twelve-Point Checklist at a Glance

Use this table as a final check before anyone signs. Each point is explained in the next section.

The Twelve Points in Detail

Keep each point short and specific. A two-page agreement both sides understand beats a long one nobody reads.

1. Parties and start date

Write the full legal names of both parties, their addresses, their countries and the date the agreement starts. If you hire through a company, use the company name. If the assistant trades through their own company, use that company's name too.

2. Scope of work

List the main tasks, such as inbox management, scheduling, customer replies or lead research, and add a line that related tasks may be added by written agreement. This is the same list you used in your job post, so copy it across. Describe the results you need rather than how to do each step, because detailed control over how work is done is one sign of employment.

3. Hours, availability and time zone

State the expected hours per week, the window when the assistant should be reachable, the time zone those hours refer to, how holidays and time off are handled and how quickly messages should be answered. Framing this as an availability window and response times, rather than fixed hours under supervision, keeps it consistent with a contractor arrangement.

4. Pay and payment terms

This is the point that causes the most friction when it is left vague. Agree the rate and whether it is hourly, a retainer or project-based; the currency; how often you pay; the payment method; who covers transfer fees; how hours or deliverables are approved; how the assistant invoices; and what happens if a payment is late or disputed.

On DonutJobs you pay your hire directly, with no commission on wages. Common methods include Wise, Payoneer, PayPal and bank transfer, and transfer fees are often the employer's responsibility for international hires, so agree them up front. DonutJobs' guide on how employers actually pay virtual assistants covers the set-ups. If you are a US payer and your assistant is outside the US, the IRS says a foreign person gives Form W-8BEN to the payer when requested; ask your accountant whether you need it.

5. Term and ending the arrangement

Say whether the agreement is fixed-term or ongoing, how much written notice either side gives, how the final invoice is handled and when it is paid. Include what must be returned or deleted at the end, such as files, equipment and saved logins. Use contractor language such as "either party may end this agreement", not employee terms such as "dismissal" or "payment in lieu of notice".

6. Confidentiality

Your assistant may see customer data, pricing, login details and internal processes. Define what counts as confidential, including passwords and account access, and state that the duty continues after the work ends.

7. Ownership of the work

State in writing who owns the documents, content, designs and other material produced. Do not assume ownership passes to you automatically: in many places a contractor keeps the rights unless the agreement assigns them, so make the assignment explicit. If the assistant uses their own templates or tools, give your business a licence to keep using anything built on them.

8. Data security and tool access

List the tools and accounts the assistant can use and your basic rules: approved devices, two-step verification, individual logins and prompt reporting of anything suspicious. Where the assistant handles personal data for you, data protection law may require specific contract terms.

In the UK, the ICO explains that under UK GDPR, processing by a processor must be governed by a contract. That contract should cover the subject matter and duration of the processing, its nature and purpose, the types of personal data, and terms such as acting only on your documented instructions, confidentiality, security, using sub-processors only with your written authorisation, and what happens to the data at the end. Take advice on the rules that apply to you in the US and Australia.

9. The working relationship

State that the assistant is an independent contractor who looks after their own taxes, equipment and internet. The label alone is not enough: in all three markets, authorities look at how the relationship works in practice (see the next section). Check the position with a qualified adviser before you start.

10. Communication and reporting

Name the channels, expected response times and regular check-ins, such as a short daily message and a weekly review. Keep check-ins focused on results and priorities rather than minute-by-minute supervision.

11. Conflicts of interest

Decide whether your assistant can work for competitors and whether they may approach your customers or staff. Contractors usually have other clients, so a clause that stops them soliciting your customers and staff for a set period is often more practical than a wide non-compete, which some places restrict. Keep these terms reasonable and clear.

12. Governing law and disputes

Say which place's law governs the agreement and how disagreements are handled, for example direct discussion first, then mediation, then the courts of a named country. If you and your assistant are in different countries, this clause matters more, not less.

Optional Clauses Worth Considering

Most short agreements also benefit from a few extra lines. Add the ones that fit your risk:

• Limitation of liability and indemnity: who is responsible if a mistake causes a loss, and any cap on that amount.
• Expenses: which costs you reimburse, and that they need approval first and a receipt.
• Equipment: that the assistant supplies their own equipment, or what happens to anything you lend.
• Subcontracting: whether the assistant may pass work to someone else, and with what approval.
• AI tools: whether the assistant may use AI tools on your work and data, and which ones.
• Changes in writing: that changes are valid only if both sides agree in writing.
• Signatures: that both parties sign, including by e-signature.

Contractor Status in the US, UK and Australia

In all three markets, contractor status depends on the real working relationship, not the title of the agreement. The table summarises the official tests.

If your assistant lives in another country, their local rules may also apply. That is why a qualified adviser should check the final agreement.

Wording That Can Undermine Contractor Status

Some common phrases describe employment, not a contract for services. Swap them before you sign.

Agreement, SLA or Job Post: What Goes Where

These three documents do different jobs, and mixing them causes confusion. The job post is the public advert. The contractor agreement sets the legal relationship covered in this checklist. A service level agreement sets performance standards, such as response times and quality measures.

Keep the agreement short and stable, and put the standards that change more often in the SLA. DonutJobs explains what your service level agreement should cover after you hire.

From Shortlist to Signed Agreement on DonutJobs

The agreement is easiest when you already know who you are hiring. Here is the order that works.

1. Create your account and post your role with the hours, tasks and tools stated clearly. Your first post is free.
2. Shortlist candidates using their profiles. Candidates can complete up to four checks (an internet and hardware audit, an English communication test, a live typing speed test and a recorded voice sample), and scores show on their profiles.
3. On Agency or Pro, track every candidate in the applicant tracking system with pipeline stages and notes, so the terms you discuss with each person are recorded.
4. Run a short paid trial task, then choose your hire.
5. Send the offer through in-app chat with scope, hours, pay terms, confidentiality and notice, and ask your hire to confirm each point in writing before you both sign the full agreement.
6. Agree currency, frequency, method and who pays transfer fees, then pay your hire directly. On paid plans, use time tracking to match hours against each payment.

Confirm Before You Send the Offer

Confirm the basics about the person before you send an agreement. DonutJobs' candidate verification checklist walks through identity, history, skills, references, availability and pay expectations, and any check results already on a DonutJobs profile give you a head start.

Ask for references where the role involves sensitive data, check that the person's availability matches your hours and confirm the tools they will use. For a wider view of the arrangement itself, read DonutJobs' guide to virtual assistant versus contractor.

Why Agree Terms Directly With Your Hire

When you hire through the DonutJobs marketplace, the relationship is yours from the first message. You pick the person, agree the scope and the rate, and pay your hire directly, with no per-hire fee, no placement fee and no commission on wages.

You can post your first role free and chat with applicants in the app. On Agency or Pro, the applicant tracking system keeps your notes, stages and chat history together, so the details you agreed during screening are there when you write the agreement. DonutJobs reports an average of about 48 hours from search to signed offer.

If you would rather not hold the contract yourself, the DonutJobs managed virtual assistant service handles the contract and payroll for one monthly invoice, from $629 a month for 80 hours.

Practical Use Cases

The checklist works at any size. A small business hiring its first part-time assistant can turn it into a two-page agreement. An agency can use it as a standard template and change only the pay, hours and scope for each hire. A founder hiring across borders can take the list to a lawyer, which makes the review faster and cheaper.

Common Mistakes to Avoid

Most problems come from four mistakes. Do not copy a template from the internet without checking it fits your situation, because rules differ by place and by the kind of work. Do not sign clauses you do not understand. Do not leave pay terms vague, because that is where most disagreements start. And do not let practice drift from the paper: an agreement that says "contractor" while you set fixed hours, supervise every task and offer paid holiday may not hold up. If your arrangement involves sensitive data or spans several countries, get professional advice before work begins.

FAQ

Do I need a written agreement for a virtual assistant?

A written agreement is strongly recommended, even for a part-time assistant. It avoids misunderstandings about pay, hours, ownership and confidentiality, protects both sides and gives you something to point to if a disagreement comes up. In some places a written contract is required for certain freelance work, and in the UK, UK GDPR may require a written processor contract where an assistant handles personal data for you. Keep it short and specific, have both sides sign it, and review it whenever the scope or pay changes significantly.

Is a contractor agreement the same as an employment contract?

No. A contractor agreement is a contract for services with someone in business on their own account, while an employment contract creates an employee relationship with rights such as paid holiday and, in many places, tax withholding by the employer. The difference is decided by how the relationship works in practice, not just by the document's title. Rules vary between the US, the UK and Australia, so ask a qualified adviser which applies to your arrangement before your assistant starts work.

Does DonutJobs provide a contract template for virtual assistants?

No. For hires made through the DonutJobs marketplace, you agree the terms directly with your assistant and pay them directly, so you use your own agreement, ideally reviewed by an adviser. This checklist covers the points it should include. The exception is the DonutJobs managed virtual assistant service, where DonutJobs contracts and pays the assistant and you receive one invoice. If you would rather have the contract and payroll handled for you, that service is the route to compare against hiring directly, from $629 a month for 80 hours.

Should I use a template or hire a lawyer for my VA contract?

Use both if you can: start from a template or this checklist, then have a lawyer review the final version. A template saves time and makes the review cheaper, but templates are often written for one country and may miss rules where you or your assistant are based. A lawyer review matters most when you hire across borders, when the assistant handles customer or financial data, or when the role is close to full-time and long-term, because those are the situations where status and data rules carry the most risk.

Does DonutJobs take a fee when I hire?

No. DonutJobs charges a flat monthly plan for its hiring tools, with no per-hire fee, no placement fee and no commission on wages. You pay your hire directly using the method you both agree, such as Wise, Payoneer, PayPal or bank transfer. The Free plan includes one active post and up to 10 applications. Agency is $99 a month, or $55 a month on a six-month term, and Pro is $299 a month, or $166 a month on a six-month term, as listed in October 2026.

A good agreement is short, specific and fair to both sides. Cover the twelve points, match the wording to how the work really happens, and have it checked for where you operate.

Once your terms are ready, find someone to agree them with. Create your free DonutJobs account and post your first role, or browse the talent pool to see the profiles available.