VA Works

Virtual Assistant (Employee of Record)

Last Revised: September 18th, 2025

This Scope of Work Terms and Conditions ("SOW Terms") govern the provision of Virtual Assistant (Employee of Record) services by VA WORKS, LLC ("Consultant") to the client ("Company"). These SOW Terms form an integral part of the executed Master Service Agreement ("MSA") between the Parties, the MSA Terms and Conditions published at https://vaworks.com/MasterServiceAgreement, and the Governing Policies referenced therein. In the event of conflict, priority shall be determined in accordance with the MSA.

1. Engagement and Responsibilities

Company engages Consultant to provide one or more Virtual Assistants employed by Consultant as the Employer of Record, who will perform the services specified in the executed Statement of Work ("SOW"). These Virtual Assistants are employees of Consultant and not employees of Company. Company has no right to hire, fire, discipline, or otherwise control Consultant's Virtual Assistants, and acknowledges that Company shall not be deemed the employer of record for any purpose.

2. Scope of Services

Virtual Assistant services may include, without limitation, administrative, operational, and support tasks such as email and calendar management, data entry, customer service, and document preparation. The specific duties, role, and schedule shall be set forth in the executed SOW. Any modifications must be agreed in writing by both Parties. Consultant reserves the right to review and adjust service scope to ensure compliance and efficiency.

3. Licensed Activities Disclaimer

Company acknowledges and agrees that Virtual Assistants employed by Consultant as the Employer of Record are not licensed professionals and shall not perform, nor be directed, required, or permitted to perform, any activities that require professional or occupational licensure under applicable laws or regulations, including but not limited to mortgage loan origination, real estate brokerage, legal representation, financial advising, or inspection services. Virtual Assistants may provide only administrative, operational, and clerical support to licensed professionals as outlined in the applicable SOW. Company accepts full responsibility for ensuring that all licensed activities are performed solely by duly licensed individuals and further agrees to indemnify and hold harmless Consultant from any liability, claim, or regulatory action arising from Company's breach of this provision.

4. Costs and Expenses

All direct costs associated with each Virtual Assistant employed by Consultant as the Employer of Record shall be passed through to Company and invoiced as "Payroll Recovery." Such costs include, without limitation, employee payroll, employee and employer payroll taxes, government fees, benefits, bonuses, severance pay, and statutory holiday, vacation, or sick pay as required by law. Company should refer to Consultant's resource page for details: https://vaworks.com/SOWEmployeeOfRecord

A Global Payment Fee applies to cover currency exchange stabilization, wire transfer, remittance, and related bank charges. The Works Admin Fee represents Consultant's gross revenue for operating and delivering services under this engagement. A one-time setup fee of USD $1,200 applies to cover onboarding, technology, and administrative setup. Replacement laptops requested after twelve (12) months of use will be invoiced at USD $650 per request, per Virtual Assistant, within a twelve (12) month window.

5. Company Responsibilities

Company shall provide accurate instructions, materials, and system access necessary for Consultant to deliver services. Company remains solely responsible for its own systems, including any virtual desktop environments provided to Consultant's Virtual Assistants, and must maintain appropriate security, malware protection, and insurance. Delays or errors resulting from incomplete or inaccurate information shall not be the responsibility of Consultant.

6. Service Delivery

All services are performed remotely by Virtual Assistants employed by Consultant as the Employer of Record. Such Virtual Assistants remain subject exclusively to Consultant's supervision, training, policies, and procedures. Company may provide task-related instructions through designated contacts but shall not directly supervise or discipline Consultant's Virtual Assistants.

7. Employee of Record Payment and Autonomy

All Virtual Assistants employed by Consultant as the Employer of Record shall be paid in foreign currency through a foreign bank account maintained by Consultant, in compliance with applicable foreign labor laws. Consultant retains full dominion and control over such Virtual Assistants, including the right to train, supervise, and direct when, where, and how tasks and responsibilities are performed, in order to achieve the goals and requirements of the Company as outlined in the applicable SOW.

8. Payment Terms

Company shall pay in accordance with the payment terms of the executed SOW and MSA. All invoices are due within ten (10) calendar days of receipt. Payments not received by the due date are subject to a late charge of five percent (5%) of the total invoice. All fees are non-refundable. Any disputes must be raised in writing within ten (6) business days of invoice receipt; undisputed amounts remain payable as due.

9. Termination and Replacement of Virtual Assistants

Initial 30-Day Satisfaction Guarantee. If Company is dissatisfied within thirty (30) days of service commencement, it may request a replacement Virtual Assistant at no additional cost. Consultant shall provide a replacement within thirty (30) days, in compliance with applicable labor laws. The guarantee restarts upon commencement of the replacement Virtual Assistant.

Post 30-Day Termination or Replacement. After thirty (30) days, termination or replacement will trigger severance and related costs as required under foreign labor law. If fewer than three (3) documented performance write-ups exist, Company is responsible for severance equal to three (3) months of gross monthly payroll plus applicable fees. If three (3) or more documented write-ups exist, Company shall be responsible for one (1) month of gross monthly payroll plus applicable statutory fees. All such amounts are pass-through costs invoiced to Company.

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