[00:00:00] Adrienne: Welcome to Seed to Success, the podcast where we deep
dive into the strategies, stories, and smart decisions that help VAs and OBMs
grow and thrive. I'm your host Adrienne Donnelly, and whether you're just
starting out or looking for ways to take your business to the next level, you are
in the right place. This episode is proudly sponsored by Ready to Boss Legal.
Their online legal templates focus on the ins and outs of protecting your
business legally without fuss or large legal fees, leaving you to focus on what
you do best, being the boss and building the business of your dreams. As a
listener of the podcast, you'll receive 10% off any templates through ready to
Boss Legal. Just use Seed 10 upon checkout. That is Seed one zero for a 10%
discount at readytobosslegal.com. Now let's get into today's conversation
[00:00:59] so today we are joined by a very special guest and a long-term friend
of Seed, Virtual Emma, from Ready to Boss Legal. So welcome to you, Emma.
[00:01:10] Hi, how are you I'm good. Thank you so much for coming on the
show today. I wanted to dive straight in to get into I guess, the basics in your
opinion. For the VAs and OBMs that are getting started now, our listeners and
viewers will be people that are just getting started or are well established. In
your opinion, what are the fundamental legal documents and, uh, well, yeah
documents, I think and processes that they should have in place in their
business.
[00:01:41] Emma: I think the first thing they should do, apart from, you know,
registering their business and getting their ABN, and if they can only afford one
thing at first, then that would be the client service agreement. And that's what
they give to clients to engage them. And they might not have a website yet,
which is fine, but you know, the next thing after that would be, okay, let's get
the website going to establish that credibility and presence and with the website.
You should have some website documents with that. And there's actually, I
always used to say two, but there's actually a third one in the last little while that
I've been recommending with the privacy policy and website terms of use to sit
along the bottom of your website. And that's an AI use policy. Mm-hmm. So we
call those documents website bundles.
[00:02:33] So you've got website terms of use, which when you look, you know,
people often have that in the footer with a click, um, about using the website.
The privacy policy often sits below next to that. And then an AI use policy, you
know, can sit beside those two. And I think it needs to be separate because we
recently updated our privacy policy and website terms of use and put in some
AI use, but it's gone even further than that now in terms of, well, businesses
want to know how people are using AI and when they would, and if you think
about a client coming in to work with a VA.
[00:03:15] They're going to want to know how and when they use it, and that
there will be human oversight. So I, I think that's there, you know, those website
documents are important. So they'd be the next thing in that order. And then in
the future, as you grow and you start using other people, the future document
would be the subcontractor agreement. Okay. And I think their the key things to
think about depending at what stage people are at.
[00:03:42] Adrienne: Yeah that's fantastic. So let's go to the client service
agreements. Sometimes we, we call them client agreements, service agreements,
those sorts of things. What do you see typically that, uh, are included in those
documents and maybe even some of the things that you often see aren't, and that
should be.
[00:04:03] Emma: Yeah, and we also call those terms and conditions. So you
will often hear those two terms you mentioned, and terms and conditions used
interchangeably.
[00:04:12] Adrienne: Yes.
[00:04:12] Emma: But it's basically the same thing, and that's the, you know,
the conditions about working your agreement between a VA and a client. So
what we want it to include is
[00:04:23] you know what it's like working with you, but also getting paid on
time, avoiding misunderstandings, client expectations, protecting intellectual
property. So, um, copyright, trademarks, and what happens, a termination
clause. So how to end it if things aren't working. And that, so that's what we
need to look at.
[00:04:48] And, and it's also really important about scope. So what are you
going to do for someone in terms of work? What does it include and what's
actually excluded? Often people don't put in exclusions and there's that
misunderstanding about what you will be doing. For your client, they think you
are doing three things when you think you're really doing one thing or they
think that, um, you know, if you're organizing a conference for them, they think
that all of a sudden you're going to be there on the day to help, but really you're
just planning it. You need to make sure you'd put in your exclusion was I'm not
gonna be there. Um, that's I suppose, an example of that.
[00:05:32] Adrienne: And in terms of your business, and if someone's listening
and they're thinking, okay. Uh, I may not have some of these things or maybe
my, template, you know, I found it online and, and often when we're starting our
businesses, there are a lot of expenses and sometimes we are looking for free
resources in our business. Can you tell us a little bit how ready to boss legal
supports VAs and OBMs in this kind of legal documentation space?
[00:06:01] Emma: Sure. We've got a template, which is sort of you know, it's a
middle ground and I was running a legal practice and then there were lots of
VAs who couldn't afford the, you know, the full service. Um, but they, you
know, had a real common ground in terms of what they needed. So on the back
of that, we developed, these templates to be that middle ground that, they're not
a free chat GPT drafted thing. That they're not a free template from America.
They're Australian drafted documents that cover all these things, including the
use of AI, and access to client systems and disputes and things. So that's what
we offer. We offer that, and there's, it's in your bundle as well, your startup
bundle. So there's not only the value that document brings, but all the templates
that, you know, a practicing VA provides them alongside that. So that's, I, I
think, a really valuable thing and separately, those things aren't as valuable as
they are together.
[00:07:09] Adrienne: Yeah, and that's a great point um, for people that are
listening that are thinking, I need to get some of these templates, and where do I
go? Or, you know, maybe things I'm finding aren't really specific for our
industry, it's worth noting that any members of the Seed community, whether
you are in the inner circle or not, do receive some very generous, discounts for
your business, which we'll make sure are in the show notes. And I would say,
you know, there've been hundreds of people that have come through your
business to get those sorts of templates. You mentioned, uh, you know, overseas
templates or templates that are developed and it, and it made me think, um with
some VAs that are supporting clients outside of our country, so that are maybe
have clients overseas and are not working, with clients in Australia or maybe
have a mix of Australian and international clients, are there certain things they
should be looking out for? Are those templates still covering, you know, both
the VA and their client?
[00:08:11]
[00:08:11] Emma: They are, and you can use your VA agreement and there's a
few things to look at. The first one would be the governing law or what we call
jurisdiction. Mm-hmm. And some people might think, oh, well I'm working
with a client in America. I'm gonna put America you. You don't do that. You do
that. A governing law is the law. If you have a dispute. Which courts you would
go to to sort it out. So you don't wanna put California and you're traveling to
California to sort out your VA contract. You wanna put, you know, Queensland
or New South Wales or wherever you live in Australia.
[00:08:46] Mm-hmm. So you, you know, that's where the contract is made
because that's where you are. So that stays there and that's a really important
thing to put in because if there's a dispute. That's the laws we use to resolve it.
And we've seen contracts with Australia, which is not, you know, it just doesn't
work because we have all these states and territories with different laws and
different courts, and you're not going to go to the high court or the federal court
to resolve your payment disputes so that that can be used.
[00:09:19] Just make sure you put that in there. You also need to look at
currency and payment terms. How are you getting paid? Is it Australian dollars?
Is it us? Is it pounds? That's going to be really important and can be others, but
you need to then work out is there a tax issue? What's going on with GST if you
are registered to charge it?
[00:09:40] That's all important to look after. And then I suppose data protection
as well, which privacy laws apply and in the UK and Europe, there is something
called the GDPR, which is much more, I suppose, much stricter. It's similar to
our privacy Act, but it's much stricter. There's much stricter requirements. So
you need to think about, well actually I might need a privacy policy that's
compliant with that.
[00:10:08] So these are all things to think about and I think the main thing too if
there's a dispute with someone overseas and they, they owe you money, you can
sue them, you've got the contract, but are you actually going to be able to get the
same sort of orders against a client you would in Australia?
[00:10:27] Adrienne: Okay. You've mentioned disputes there a few times. Let's
talk about that, and I think it's important to mention that this isn't a common
occurrence that's happening. I mean, I've had my VA business for 10 years.
Yeah. And I've never, and you know, knock wood, maybe it's just lovely clients
or you know, just the type of people. But I've never had to pull out an agreement
and say to the client, look, this is in the agreement.
[00:10:52] But I do understand that this can happen from time to time,
especially in terms of payment. What do you see as the role of that contract or
that client service agreement when things, I guess the most common one would
be a client not paying. How does that document play a role in those sorts of
situations that may come up between us and our clients?
[00:11:17] Emma: So I think it's actually it's really the start of prevention. Mm-
hmm. Rather than, um, a problem. So it's like putting sunscreen on before you
go out in the sun to stop yourself getting a payment problem. Yes. So I think
that's the first thing. And it also you know, it shows your client you're on the
same page.
[00:11:38] If they see that and they say, I'm not signing that, or I've got a
problem with some of your terms, then that's actually a really good red flag to
come up with that. Mm. And I think when you get really good referrals, you
know, that means that you know, 95% of people you won't ever have a problem
with, it will be great. But this document may flush out some of those problems
before they start. And the other thing it can do is it makes you think really
clearly about what's, how do I charge? Do I charge an hourly rate? Do I charge
monthly in advance? Do I actually need prepayment? And if you said, well, you
pay me by the month, let's pay me on the first of the month and then I'll do the
work.
[00:12:25] That means that you wouldn't start the work until you were paid. So
you would never have a payment problem with that. And some clients might
think, no, no, I want you to do the work, let's do that. But you could set it up,
you know, paid weekly, fortnightly, monthly. Have in there some provisions
that allow you to pause work if you're not paid.
[00:12:46] Mm-hmm. so you're not, instead of if there's a dispute, it's one
month, pay your chasing not Mm. Um, or the contract, or the service agreement
actually just helps you do that and that manages you know it from probably
even becoming a dispute most of the time, but if it does, then you've got a
contract to stand up back with.
[00:13:08] Adrienne: Yeah I think that, um, prevention point that you made is
so important. We talk a lot, um, in the community, especially in the inner circle
and, and with people coming in and, and starting their VA or OBM, businesses
about I guess starting how you intend the relationship to go and the importance
of language and establishing yourself as a business owner in your own right,
and I think that that sort of talks to your point as well as if that is how you start
the relationship.
[00:13:41] Here are our expectations of each other. Here's what I'm going to do
for you the client, and here's what I expect in, uh, you know, in return, then
everyone's on the same page. the clients are taking you seriously as a business
owner in your own right, because you've got a very smooth and set out
onboarding process and those legal documents.
[00:14:02] I remember a lawyer saying to me once, you know, if, if clients push
back, it's about selling it to them. That this is for us to both protect each other
it's not just about the VA getting everything that they need, but it's also about
your clients being protected as well. And I think by having those professional
documents in place really sets the tone for that relationship from the jump.
[00:14:26] Emma: It absolutely does, and it talks about confidentiality and
what they can expect from you as well. It is really mutual document, so that's
the thing you've got. You've sort of gotta sell it to them as well this is our
engagement. It protects you as well as me because you might decide. You're
going to hire a full-time employee as an assistant, and we need to stop working
together, um, because the business has grown so much, or you might decide to
sell your business.
[00:14:56] And, you know, there's all these things that could happen on both
sides and this is, you know, like you said, it establishes that professional
relationship and a supplier who you pay. And I think without a document, um
you know, they can probably get away with a bit more and you don't know if
they're going to push back.
[00:15:19] It does actually show their true colors upfront, maybe, and it's really
hard when you getting your first clients, you really wanna get your foot in the
door and you probably need some money to get going, but if someone is
arguing over your hourly rate or their payment, they wanna pay you every 3
months, or you know they to me are really big red flags.
[00:15:43] Adrienne: Yes, I would agree. It's a, um, you've segued perfectly
into something I wanted to ask you. One of the questions that we get most in the
VA and OBM space is how are people finding their clients? And for a lot of us,
they are people that are known to us. One of the most common answers that I
see when people ask is they were past colleagues, people I'd worked with
before, family and friends.
[00:16:07] So when there is that, um, already per perhaps a personalal
relationship that already exists between you and your clients. Do you have any
tips around, um, navigating those contract conversations or those service
agreement conversations when often it can be quite a casual sort of engagement
and that you know, some VAs or OBMs might feel like they're shying away
from some of that more formal business process because they're talking with
mates or colleagues, you know, family and friends.
[00:16:41] Emma: I think in that case, it's actually even more important to have
the conversation because you, you almost want to create a new, you know, you
almost wanna have two types of relationships with this person.
[00:16:54] Adrienne: Totally agree.
[00:16:56] Emma: Like my bookkeeper Actually her, you know, our sons go to
school together and I knew her before I engaged her as my bookkeeper. So
when she sent me her client engagement, you know, I was really pleased about
that. And we, you know, and I make sure I pay my bills on time, but that, that
sets that relationship and that's very different to the relationship you have as, as
a friend or someone you know, who your children are, friends. So I think that I
really appreciated that and I think that's, if, if you sort of think about as a
business owner.
[00:17:30] You know, with a, with a, a bookkeeper, similar kind of freelance
work to a freelance type contractor engagement to a VA. So I appreciated that
as a business owner. And I think your family, your friend, your colleague,
they're going to appreciate that. Um, okay this is our work relationship, this is
our social relationship outside of work.
[00:17:54] So I think you just need to say, well this is my process and I would
just set a standard operating procedure and explain that this is what I do when I
take on a new client. Um, so we're, we're clear on what the scope is, the hours,
the rate, um, to focus on that. And then if it changes, you can change that, but it
sets the tone for that relationship.
[00:18:21] Adrienne: I like that you said, you know, it's almost like that
relationship then has two arms. You know, you're putting the, the friend hat or
the mum at the school gate hat on. Yeah. But then there's also that other hat that
you are wearing where now we are talking to each other, you know, not as
sister-in-laws or you know, two people on the same basketball team, but we're
talking, uh, as two business owners to each other.
[00:18:43] Yeah. We talked a few times Um. about uh, the scope that we put in
our client agreement, and I know we have scenarios in our Inner Circle
membership where people will say, how are, how are people navigating, you
know, asking other VAs and OBMS for advice? How are we navigating
changes in scope and not in a, um, the clients asking me more and they don't
wanna pay me, but we have both agreed we're going to change the scope.
[00:19:09] How did those sorts of changes, and I mean, I've seen it in my own
business over the years as. As clients businesses have grown or different, you
know, economic situations have arisen that, um, you know, we do need to be
flexible and change our scope, but I made that decision to either, you know, dial
up or down my hours.
[00:19:29] How does that then play out into our client service agreements? Do
they need to be updated every time? Is it a, you know, a supporting email that
says we both agree? What's your kind of advice around that?
[00:19:41] Emma: I think if it's hugely different. Like you're completely
changing scope and your structure, then a new service agreement would be a
great way. If it's, you know, changing hours or you are adding or removing
tasks, then I think a supporting email or a cover letter that you send by email
and get their saying, yes, I agree, this will start from X date. And then keeping
copies of all of that with your original service agreement in a file. Is, is the best
way, you know, as long as it's not some completely.
[00:20:18] So if they sold their business that it was with the new business
owner, then yes, you would do it new service agreement. But if it's, um, you
know, a small change and then you both on page just keep everything together
in and probably electronic files. I don't think many people would keep the paper
files now, but, um, if you keep paper files.
[00:20:41] Keep it at paper files, but make sure it's all together because you
want to be able to find that if, if they get your invoice and they say, why you
charge me an extra $200 this month? Then you can at least just grab that email
and say, well, actually our new arrangement started this month. Um, okay. As
so yeah, you, you don't need to reinvent the wheel. Yeah. If it's not, you know, a
new car, basically. Mm.
[00:21:09] Adrienne: Yeah. So significant changes, you know, quite drastic
changes to scope of work or services delivered. We would reissue smaller
changes so one of the examples that we had was, uh, someone was helping a
client with social media. The agreement was that they would post to two
platforms.
[00:21:26] So let's call it Instagram and TikTok, and the client was saying, I
think I might like to start looking at you helping me with my LinkedIn, so
already part of the same service, but just adding on another area to post. So that
could potentially be one of those, you know, client agreement is in place, but we
add a supporting email that we both agreed, but if that person was doing social
media and then the client said, I'd also like you to now start managing, you
know, my customer service, managing my client appointments and booking. So
almost like a new service area. Would that be significant enough to then
reissue?
[00:22:02] Emma: I think it would probably be a good idea. Mm, because that's
going to be a significant, probably change to hours and possibly even at that
point, if they're doing that many things. It might not just be them doing it as a
sole trader, but they've got subcontractors and the, the permission for the
subcontractors to come in and do it. Um, because that creates other
confidentiality issues.
[00:22:30] Adrienne: Yeah, that's a really good point in terms of making sure
our agreements are not just covering us. Mm-hmm. But then also anyone in our
teams that may be, um, you know, supporting us to deliver that work.In terms
of, you know, your work and supporting our industry as well as many other
industries, in terms of the resources that you provide, when VAs and OBMs are
coming to you, do you get, a sense of certain trends around questions or advice
or, or comments, sorts of things that people in our industry are reaching out and,
and asking you about?
[00:23:05] Emma: Yeah, probably in the last 12 months, the most common
questions have been around AI. Mm-hmm. And also superannuation is a big
tricky
[00:23:16] Adrienne: S. Word
[00:23:18] Emma: question. Um, which is, you know, really tricky to nav think
the law is clear. It's just actually takes a bit of finesse to navigate it with clients.
Mm. Um, and people. People's thinking of what contractors and employees are
like compared to, you know, the law around that and changing things.
[00:23:43] Adrienne: Mm. And so at your business, if people are coming to
you for that sort of advice, how would you support them? Or is that something
that you do? Is it something that you would refer them to?
[00:23:55] Would you give them the templates and then say, look, we'd
recommend you talk to this or are you able to provide that advice as well?
[00:24:03] Emma: So I provide general information. I do templates. Now there
are a couple of lawyers I work with and refer to. If, you know, a VA had a
dispute around, you know, payment and scope actually, which is really rare.
[00:24:17] 'cause usually they're pretty, you know, I think this was a rare thing
that that was, you know, an issue. But I referred her to another lawyer who
managed to solve it for her. but I do, I do a lot of general information around
super and that kind of thing. Um, so my, I suppose my aim is legal education
and information. So people are empowered to be able to do most things
themselves, but there's always at a point where you know, are lawyers a really
good idea? Like if you're sick, you go to the doctor. If there is a real issue, then
getting legal advice is, is a good idea. But you know, on the whole, as long as
you set up well and you've got really firm accounting, um, structures as well,
then you know, it's, it's a good way to keep on the right track without
necessarily having the big budget legal, firms. Yes. I mean, yeah, and, and that
sort of, you know, accounting as well as people start at sole traders and move to
companies is a real, can be a real tricky time .
[00:25:31] That start up to I suppose people use the word scale, but that looks
really different to lots, of people what that looks like whether it's a lifestyle
business or. They are wanting to build an empire. There's all probably, most
people sit in between, I think
[00:25:50] Adrienne: on any given day we swing from one to the other. Yeah.
And so you mentioned at the top of the conversation about some of those other
documents that you would recommend and that you are providing templates for.
Um, are there any other templates and documents that you see in our space that,
um are, popular that you see a lot of people coming to your website for, or it's
those sort of main key ones around the client interface, the client interaction,
and then the website.
[00:26:22] Emma: They're the main ones. I do actually get a lot of VAs reach
out. They've used our templates for themselves, but then they'll be working for a
client who needs certain things, so. That, that will be a really key thing and we
often can just give some guidance about what they might need or if they
actually need to go off to a lawyer. Um, but we certainly have, we have some
specialist agreements as well. In the VA space around NDIS. Mm-hmm. Work,
um, medical VAs OBMs as well. If, if someone's gone from that, you know, VA
and VA is such a broad tag. It's a bit like tradie. Yeah. Uh. And then, you know,
within that there's things like social media management, admin, but then people
go into, say bookkeeping or online business management where they're taking a
more sort of strategic managerial role managing other team members, and they
move into more of the OBM space.
[00:27:26] And a lot of people are, you know, they do, they call themselves a
VA, but they might be setting up Kajabi or Notion or Dubsado just really, you
know, they're really knowledgeable in a tech platform. So the, the question
often is, well, when do I need the OBM agreement? When do I outgrow? And,
and the VA agreement will work, you know, forever.
[00:27:49] But with an OBM agreement, we do have some extra clauses in there
around giving strategic advice to clients. There's a bit more protection of
liability and things like if you're affiliated to say dub or Kajabi and you give
them codes, some more affiliate arrangements as well.
[00:28:10] Adrienne: It's really interesting, that kind of those contracts still also
need to, you know, it's not just the actual service delivery, but it also goes into
some of those advice areas and affiliate areas. I think you might be reading my
mind a bit because one of the questions I was thinking was. Often as VAs or
OBMs, our clients will come to us and say, Hey, would you mind doing some
research?
[00:28:34] I need such and such. And I myself have had situations where a
client is looking to, uh, update their website and they need, you know, their,
their web developers gone you don't have privacy or privacy policy. You don't
have website terms and condition. So it's so great to know for our listeners that
are VAs and OBMs, but that they can also come to you for a whole range of
industries and specialty areas to receive support, browse the templates. What are
some of those other industries, that you are supporting?
[00:29:04] Emma: we actually have a lot of lawyer clients and law firms. Um,
so lawyers sometimes buy our templates to mm-hmm adapt as a base for their
clients 'cause I've got really niche online course templates, online program. Um,
but also now with the, you know, non-disclosure agreements, they're really mm-
hmm common as well. And something that VAs will come to us a bit for,
especially if they start using subcontractors with their clients. Their client will
sometime, because as you, their subcontractor and your client never have an
agreement. The, the VA sort of has an agreement with each, it's like a triangle.
Mm-hmm. It doesn't meet at the bottom. So the, the VA's kind of in the middle
here, and sometimes, especially if it's really confidential work, privacy and data,
they will want to reassure,the contractor that, that there's, you know, there's
some confidentiality ' in place between the subcontractor and the client cause
there's no other agreement between those two.
[00:30:10] Adrienne: Yeah. That is such a, it's sort of, I love that way you
explained that, you know, the triangle that doesn't have a bottom because we
obviously have client, uh, agreements, right. And then we have agreements with
our team members, uh, and sometimes the two never meet, you know, our, our
team may be working in the background and they're not in a client facing role.
And again, it is just that thing around ensuring that everyone in the business is
covered and protected.
[00:30:40] Emma: And you almost, you don't necessarily want your
subcontractor and your client to meet because that's a real risk of you know,
they could go, this person's great and they might do it for half the price. I'm just
gonna go with that subcontractor cut you out.
[00:30:54] Adrienne: Oh gosh. I hope I'm, some of my team were directly with
clients. So I hope that never happens. I'm sure it wouldn't..
[00:31:00] Emma: Well, that's, that's why you have the subcontractor
agreement, correct. And why you make sure you have the right people as your
subcontractor.
[00:31:07] Yes. Um, and mostly your subcontractors are quite specialist in areas
and they're, they're happy doing that work rather than the direct contact. But,
but that is why that's important in the future, if you are starting to build a team
to be really careful about. I suppose who, who those people are. Um, the
skillset, the client interface, all of that kind of thing.
[00:31:33] Adrienne: Mm-hmm. It's so important just, yeah again, it just comes
down to that prevention, right? Mm-hmm. And sticky situations are going to
happen. We're all human beings interacting, having relationships in a business
sense, it's about that protection of everybody to make sure that no one is
exposed and none of our businesses are at at risk really.
[00:31:55] Emma: And it's really about communication as well. Yes.
Communication about why, why you need an agreement in the first place. Mm-
hmm. And also ongoing communication about, well, we're gonna do this now,
and so-and-so's gonna be working on that. And just making everyone feel
comfortable rather than taking the work and someone's secretly in a back room
doing it and you spitting it out. You know, not knowing what's happening. Mm.
So it really is about communic and you know, if you wanna put your prices up
or drop some hours, is communicating that with your client rather than resenting
them or not saying anything and it becoming a problem.
[00:32:40] Adrienne: Mm. Yeah. I think the key takeaway is definitely that
aspect of prevention for sure. Um, Emma, before we wrap up, if there's VAs or
OBMs that are listening, is there any specific advice or tips when it comes to,
you know, protecting themselves and their clients legally that you would like to
leave our listeners and our viewers with?
[00:33:02] Emma: So I think to think about probably the financials as well as
sort of trademarks and things. So most VAs, I would say are sole traders. Mm-
hmm. But there might be a point when you think about becoming a company.
Mm-hmm. Um, if your business is, is growing or you know, you've got personal
assets at risk, or you're building a brand or business bigger than you that you
might want to sell, or wanting to split income with family members, at that
point, you should go and get accounting advice.
[00:33:36] Hmm. To make sure that you're in the right structure for your tax
bracket there. So I think that's really important. It's not just legal, it's also
financial as well. And I suppose what I'd like to leave you with, you know,
knowing a bit more about intellectual property or what's in your brain.
[00:33:59] Adrienne: Yeah. Let's unpack that a bit. Yeah.
[00:34:02] Emma: You know, I, I often hear copy and trademark used
interchangeably. Mm-hmm. Which they, they are actually different. So
intellectual properties like a broad term or ip, and that's things like inventions,
designs, brand names, and artistic work or blogs, if you know, website content
blogs. Um, in Australia we sort of separate them into sort of patents, copyright,
trademark, plant breeders' rights, um, but really for VAs copyright and
trademark are the two things relevant. So copyright is, is what you write. So
anything you write on your website or publish that's copyright, you should have
a C with a circle.
[00:34:49] Um, and you might have copyright, you know, copyright in my
templates, as do you and if someone then takes it and uses it and tries to sell it,
then that's a breach of copyright. and that comes into play straight away
copyright just you don't need to pay to register. That is copyright. Um, so you
do need to protect that, especially with clients.
[00:35:11] If you draft standard operating procedures for them or they use your
templates, you need to work out what they own and what you own, um, in terms
of your service agreement needs to be pretty clear on that. So, but then a
trademark is more, you know, someone copying your business name. You can
go in register at IP Australia for a trademark protection, for like the name, the
word or logo or slogan, and even sounds, can be trademarked. So that is a
process through IP Australia. And you will know, you see a TM next to
something. Mm-hmm. Yes. That means, doesn't mean it's registered any, I could
use TM now against my name.
[00:35:56] but if I have a registered trademark, which I do for ready to boss
legal, it has an a capital R in a circle, and that means it's registered. So IP
Australia actually have a trademark register and if you're thinking of a business
name. It's always a good idea to check that before you register your business
name because you don't want someone else sending you a letter going, oh, I
already own everyday VA as my business name and you've registered it. You've
gotta change because you, you know, you are in breach. So that's always a
really and it's free to do on Australia the trademark search.
[00:36:33] and you might wanna think about it if you're building a bigger brand,
registering that to protect the brand and the usage of it and that lasts for 10 years
once it's done and then it's a renewal there. So that's something to think about.
But sometimes if you're just trading under your, you know, if I was doing
Emma Houston VA Mm, I wouldn't need, you know, that's my name. No one's
going. Sure. Doing that. but if I was trademarking Houston, we have a problem.
[00:37:02] NASA probably wouldn't, lemme do that. But I don't think Tom
Hanks would be overly happy about that. Yeah, that's right. Spelling anyway.
But, um, that might be something that I would need to trademark and someone
would have a problem with. So just gotta keep that in in mind and times. As
your business grows or your brand grows, that might be something you wanna
do.
[00:37:26] Sometimes people go a bit trademark. Crazy. Mm-hmm. There, there
is a fine line I think between what's advisable and what's maybe too much.
[00:37:35] Adrienne: Mm. And it comes back to that thing that we spoke about
before, right? Is that, that setting those foundations and starting out how you,
intend for that business to grow. And if you've got those empire dreams, then
look at some of those things now because all of that hard work and even paying
for all your branding and all of that, for then someone to come back and say,
Hey, sorry, that name's already taken. It's just the costs.
[00:38:01] Go in and do a domain section and perhaps buy like in instead of the,
just the com by the comau au and there're about 20 a year to hold. That's also a
good thing to do just to protect your brand and something that's not a legal thing
but it, it does. It's just that brand protection as part of the whole business. Great,
great points. And I, I love to, you know, your messaging there around the
financial expertise. I think it's something we talk again a lot about in the seed
community is get the experts and every time I'm interviewed or someone asks
me like, what's that bit of advice? I'd be like, get the right people around you.
you know, the supportive people and the cheerleaders and the community very
important, but also the experts around legals and financials especially.
[00:38:50] Emma: For sure. And I often see, when I've done, when I was a
legal practice as well with doing work for VAs, a lot would have company
trusts, you know, that they might. Their husband might have a big farm
company and that there is a family trust and a company, and the accountants set
up this, but they don't really know why the accountants. Mm. If you don't know,
just make sure you just ask and understand. Why that's being done and what
benefit that is to you, because there probably is a good reason. But if you dunno
what that is, um, you know that that financial literacy is really important.
[00:39:31] Adrienne: So important, especially for women, I think. Mm-hmm.
Especially for women. Yeah. Well, thank you Emma, so much. If people wanna
check out your templates, they wanna learn more about how you can support
them, where is the best place for them to find you?
[00:39:46] Emma: Uh, the best place would be ready to boss legal com. Mm-
hmm. and also same name on Instagram and Facebook. We do a lot of
educational posts each month, usually with a, a topic. This month. I think it's
about OBMs actually this month. Perfect. Um, but often next month I think are
gonna be AI, so it's yeah, different sort of blogs come outta my mailing list and
on the website and, and I always try and structure some informational posts
around that as well to get that information out there.
[00:40:19] Adrienne: Yeah, well, we'll make sure all the links to those social
media handles and your website are, in the show notes. I think it is one of those
topics where it's not a set and forget, you know, there is, it is fast paced, it's
changing, you know, just look at what you were talking before about AI. So I
think it is, you know, go and follow Emma's pages and make sure, you're
educating yourself on those things that may be changing, impacting your
business, to ensure that again, you and your clients are always protected because
it does change. It is a changing landscape.
[00:40:50] Emma: Absolutely. And, and an that's, I suppose an example, we've
got an AI addendum you can add to your contract rather starting from scratch.
So yeah where we can do that rather than making you, oh, you need a new
contract now, you know, that's not really fair and that's not what we're about as
a business. Mm. So if we can do a sort of a. $20 addendum, then that's what
we'll do instead of, you know, making people buy something they already have
90% of. So, yeah.
[00:41:19] Adrienne: Yeah. That's perfect. Well, thank you again for your time
as always. I love chatting with you. I always learned so much, and thank you for
always being such a huge supporter, of our industry and especially the seed
community.
[00:41:31] Emma: Thank you.
[00:41:32] Adrienne: Thank you for listening to another episode of Seed to
Success. Make sure you are subscribing so you never miss an episode. If you
know a VA or OBM who might benefit from this conversation, be sure to share
it with them. And a big thank you to our episode sponsor Ready to boss Legal.
Check out the episode description for a special discount on all their legal
templates. Let's chat again soon.
