A successful project starts with a plan. Before you build a house, you should draw a blueprint; before you bake a cake, you should read the recipe; and before you start work on a freelance project, you should draft a solid Project Agreement.
What is a Project Agreement and why is it important?
When you receive an official Project Award through Guru.com, it's wise not to begin the work until you and the Employer have mutually approved an online Project Agreement. The binding freeform contract (which is required if you choose to bill through our SafePay service) is your chance to outline the project in both broad terms of scope, and more specifically in terms of deadlines, payment schedules, etc. It clearly defines, for both you and the Employer, the exact responsibilities of each party.
Uploading a Project Agreement will not only satisfy the Employer, by assuring that his or her specific objectives will be met on a predefined timeline, but it will ensure your proper compensation, safeguard you against "feature creep" in terms of project scope, and provide a back-up plan and protection (especially when you bill through Guru.com's highly recommended SafePay service) in case problems arise.
What should I include in the Project Agreement?
The Project Agreement adheres to no strict outline, but you should consider the following when drafting yours: Scope: In this section, include a start and end date for the project as a whole, with a comprehensive description of the services to be performed. For example, if you are writing an article, detail the subject matter of the article, how many pages or words are needed, and in what format the article will be completed.
Deliverables / Project Milestones: Here, break the larger scope of the project into smaller, concrete, measurable components, with a due date for each. For example, if you're ghostwriting a book, specify that chapters one through five are due on July 3, chapters six and seven are due on August 7, etc. In addition to the due dates, schedule time at the end of a project for an Employer to review the work, and determine how revisions will be made.
Payment: Determine whether the Employer will pay you via SafePay or Guru Invoicing. (SafePay is recommended, particularly when working with a new Employer, as it helps you to avoid unpaid Invoices; it allows you to accumulate money-earned and feedback statistics online; and it protects your financial and tax ID information.) Learn more about Guru.com's SafePay and Invoicing services.
Set a total cost for the project and a "due by" date, specifying, if applicable, whether the Employer will pay for any extraneous expenses associated with the project (materials, transportation fees, etc.). Include a provision if additional work is required due to change in project scope and the associated payment terms.
Ownership of the Final Work: Many Employers do not realize that without contrary specification, all rights relative to the project work belong to you, the Freelancer, by legal default. If the Employer wishes to retain ownership, include a clause in the Project Agreement transferring all rights relative to the project from the creator (Freelancer) to the requestor (Employer).
Non-Disclosure / Confidentiality Agreement: If the project pertains to proprietary or confidential information, the Employer should stipulate in the Project Agreement that you will sign a confidentiality or non-disclosure clause or agreement.
Contract Termination: Address how the termination of the contract will occur, by written notice or email, and include what reasons will lead to termination (for example, failure to meet deliverable dates, lack of communication, and poor workmanship).
Dispute Resolution: If you and the Employer use our SafePay Escrow service, you're agreeing to use Guru.com's Mediation and Arbitration Services should a dispute occur. If this happens, a Guru.com Mediator will try to mediate the dispute. If the mediation process is unsuccessful, a Guru.com Arbitrator will arbitrate the case, with the burden of proof falling on you, the Freelancer. A solid Project Agreement will be key to your defense.
If you do not use our SafePay service, you still should outline in your Project Agreement how you plan to resolve issues in a quick and easy fashion. The plan may involve direct communication to attempt to resolve the problem, alternate mediation or dispute resolution services, or legal counsel. What do I do if the project slides off track?
A Project Agreement is best drafted using a "Hope for the best, but plan for the worst" mentality. It should be designed with the best of intentions and success in mind, but it becomes even more important and useful should things not work out ideally.
If you and your Employer find that your initial timeline and project milestones are too restricting, and you mutually agree that the project plan should be modified, you can upload a Change Order. In the Change Order, you can define any modifications in the project's scope, milestones, payment terms, etc., and, per the Employer's approval, your Project Agreement will be modified. This is a helpful tool in realigning priorities as a project progresses, best setting it up for success.
Your Project Agreement also acts as your safeguard if, for some reason, a project has become irreversibly derailed (be it due to poor communication, an Employer's failure to approve completed work, etc.). If a dispute arises, and if you've used SafePay (making you eligible for our Mediation or Arbitration services), the burden of proof falls on you, the Freelancer, so a detailed Project Agreement that includes a "Contract Termination Plan" (along with a comprehensive record of all communication between the Freelancer and Employer) would be crucial in your defense.
Final Thoughts
It is in both your and the Employer's best interest to draft a solid Project Agreement. It starts you off on an auspicious note; it guides your sure and steady progress; it guarantees your proper and prompt payment; and it acts as your safety net in case of trouble. |