Introduction
This Non-PEO Disclosure ("Disclosure") is issued by VA WORKS, LLC ("VA WORKS™," "Consultant," "we," "us," or "our") to ensure clarity and transparency regarding the employment and contractual relationships associated with the services we provide. This Disclosure forms an integral part of the Master Service Agreement ("MSA"), the MSA Terms and Conditions (https://vaworks.com/MasterServiceAgreement), the applicable Scope of Work Terms and Conditions (https://vaworks.com/SOWSelection), and the Governing Policies referenced therein.
By engaging Consultant's services, Company acknowledges and agrees to the terms set forth in this Disclosure.
Employment and Contractor Relationship
All individuals performing services under agreements with Consultant, including but not limited to Virtual Assistants and related support staff, are either:
- Employees of Consultant, engaged under the Employer of Record structure; or
- Independent Contractors engaged by Consultant under applicable laws.
These individuals are not employees of Company or of any client that engages Consultant for services.
Responsibility for Employment Obligations
Consultant retains full and exclusive responsibility for all employment-related obligations with respect to its employees. This includes, without limitation: payroll, benefits, workers' compensation, severance, compliance with applicable foreign labor laws, and any other legal or regulatory responsibilities.
Consultant does not share, assign, or transfer any such obligations to its clients.
Non-PEO Status
Consultant is not a Professional Employer Organization (PEO) and does not engage in co-employment arrangements. Consultant operates as an independent nearshore fulfillment center, providing Virtual Assistant, business process, and professional support services under business-to-business service agreements.
As such, Consultant does not assume or share employer responsibilities with its clients or customers.
Company Obligations
While Company is not considered the employer of any Consultant personnel, Company remains responsible for fulfilling its own obligations under the executed MSA, applicable SOW(s), and Governing Policies, including but not limited to timely payment of invoices, compliance with service terms, and providing adequate systems access for Consultant's personnel to perform services.
Compliance and Accountability
Consultant complies with all applicable labor, tax, and employment regulations within its jurisdiction and assumes full accountability for its employees and contractors. Consultant is solely responsible for all obligations related to its personnel and services, except as expressly provided in the MSA or SOW.
No Agency or Partnership
Nothing in this Disclosure, the MSA, or any SOW shall be construed to create a relationship of agency, partnership, joint venture, fiduciary duty, or other association between Consultant and Company. Each Party remains an independent business entity responsible solely for its own obligations and liabilities. Neither Party has the authority to bind, commit, or act on behalf of the other without express written consent.
Acknowledgment
By executing the MSA and any applicable SOW(s), Company acknowledges and agrees to this Non-PEO Disclosure. This Disclosure is intended to eliminate any confusion regarding the respective roles and responsibilities of Consultant, its personnel, and Company.