Georgia accounting independent contractor agreement template

Georgia Accounting Independent Contractor Agreement

This Georgia Accounting Independent Contractor Agreement (the "Agreement") is made and entered into as of [Date], by and between:

[Client Name], a [Client Business Structure, e.g., Georgia Corporation] with its principal place of business at [Client Address], hereinafter referred to as "Client,"

and

[Contractor Name], a [Contractor Business Structure, e.g., Sole Proprietorship, LLC] with its principal place of business at [Contractor Address], and Georgia CPA License Number [CPA License Number, if applicable], hereinafter referred to as "Contractor."

Scope of Services

Option A: Contractor shall provide the following accounting services to Client: [Description of Accounting Services, e.g., General ledger maintenance, monthly financial statement preparation, annual tax preparation (federal and Georgia), payroll processing (Georgia payroll taxes), etc.].

Option B: Contractor shall provide accounting services as described in Exhibit A, attached hereto and incorporated by reference.

Deliverables: Contractor shall provide the following deliverables: [List of Deliverables, e.g., Monthly financial statements, tax returns, payroll reports, etc.].

Performance Benchmarks: Performance will be measured against the following benchmarks: [List of Performance Benchmarks, e.g., Accuracy of financial statements, timely filing of tax returns, etc.].

Reporting Intervals: Contractor shall provide reports to Client on a [Frequency, e.g., weekly, monthly] basis.

Deadlines: All deliverables shall be submitted by [Specify Deadlines].

Work Location and Data Security

Option A: Contractor will perform services remotely.

Option B: Contractor will perform services on-site at Client's office located at [Client Office Address].

Option C: Contractor will perform services both remotely and on-site, as needed and agreed upon by both parties.

Security Protocols: Contractor agrees to comply with Client's data security policies and protocols, including: [List of Security Protocols, e.g., Use of secure VPN, encryption of data, etc.].

Data Handling: Contractor shall handle all sensitive financial data and records in accordance with Georgia's Personal Identity Protection Act and all relevant privacy regulations.

Record Retention: Contractor will adhere to Georgia record retention rules for accounting documents, as required by law and regulation.

Compensation

Option A: Client shall pay Contractor an hourly rate of [Dollar Amount] per hour for services rendered.

Option B: Client shall pay Contractor a fixed fee of [Dollar Amount] per engagement.

Option C: Client shall pay Contractor a monthly retainer of [Dollar Amount].

Payment Schedule: Client shall pay Contractor within [Number] days of receipt of invoice.

Invoicing: Contractor shall submit invoices to Client on a [Frequency, e.g., monthly, bi-weekly] basis.

Late Payment: Late payments shall be subject to interest at a rate of [Percentage]% per month, or the maximum rate allowed by Georgia law. The Georgia Prompt Payment Act may apply.

Expense Reimbursement

Option A: Client will reimburse Contractor for pre-approved reasonable business expenses, including: [List of Reimbursable Expenses, e.g., Filing fees, travel expenses, etc.].

Option B: Client will not reimburse Contractor for any expenses.

Approval: All expenses must be pre-approved in writing by Client.

Documentation: Contractor must provide receipts and documentation for all expenses.

Ownership of Work Product

All workpapers, electronic records, and deliverables created by Contractor for Client shall be the property of Client.

Contractor retains ownership of any pre-existing intellectual property.

SEC/IRS/Georgia DOR Compliance: Contractor agrees to comply with all SEC, IRS, and Georgia DOR document retention requirements.

Confidentiality

Contractor agrees to hold all Client information confidential, in accordance with the Georgia Uniform Trade Secrets Act and the Georgia Personal Identity Protection Act.

Contractor shall not disclose any confidential information to any third party without Client's written consent.

Breach Notification: Contractor shall immediately notify Client of any breach or suspected breach of confidentiality.

Independent Contractor Relationship

It is expressly understood and agreed that Contractor is an independent contractor and not an employee of Client.

Client will not provide any employee benefits, including health insurance, retirement plans, or worker's compensation insurance.

Tax Responsibility: Contractor is solely responsible for all federal and Georgia income taxes, FICA, self-employment taxes, and any other applicable taxes or business license fees. Contractor acknowledges Georgia law on worker classification and IRS guidelines.

Subcontractors

Option A: Contractor may use subcontractors or assistants with Client's prior written consent.

Option B: Contractor may not use any subcontractors or assistants without Client's prior written consent.

Compliance: Contractor is responsible for ensuring that any subcontractors comply with all applicable laws and regulations, including Georgia accountancy and confidentiality laws.

Liability and Insurance

Contractor shall maintain professional liability (errors and omissions) insurance with minimum coverage of [Dollar Amount] per claim.

Contractor agrees to indemnify and hold Client harmless from any and all claims, losses, damages, liabilities, costs, and expenses arising out of Contractor's performance of services under this Agreement, including, without limitation, any claims for negligence or breach of contract.

Compliance with Laws

Contractor shall comply with all applicable laws and regulations, including Georgia Board of Accountancy regulations, continuing professional education requirements for CPAs, registration with the Georgia Secretary of State (if applicable), anti-fraud statutes, anti-money laundering (AML) requirements, and federal and state privacy and financial regulations.

Conflicts of Interest

Contractor warrants that it has no conflicts of interest that would preclude it from performing the services under this Agreement, consistent with Georgia law.

Term and Termination

This Agreement shall commence on [Start Date] and shall continue until [End Date], unless terminated earlier as provided herein.

Option A: Either party may terminate this Agreement upon [Number] days' written notice.

Option B: Client may terminate this Agreement immediately for cause, including but not limited to fraud, material misrepresentation, failure to meet deliverables, or violation of Georgia accountancy law.

Final Settlement: Upon termination, Contractor shall submit a final invoice and return all Client property and data.

Dispute Resolution

The parties shall attempt to resolve any disputes arising out of or relating to this Agreement through good faith negotiation.

If negotiation fails, the parties agree to submit the dispute to mediation in [City, Georgia].

If mediation fails, the parties agree to submit the dispute to binding arbitration in [City, Georgia].

Georgia Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia.

Jurisdiction: Exclusive jurisdiction and venue for any legal action relating to this Agreement shall be in the state or federal courts located in [County, Georgia].

Notices

All notices required or permitted under this Agreement shall be in writing and shall be deemed effectively given upon: (a) personal delivery; (b) sending by certified mail, return receipt requested; or (c) sending by email with confirmation of receipt, to the addresses set forth above.

Non-Solicitation/Non-Compete

Option A: During the term of this Agreement and for a period of [Number] months following its termination, Contractor shall not solicit or attempt to solicit any employees or customers of Client within [Geographic Area, e.g., Fulton County, Georgia]. This provision shall be narrowly construed and enforceable only to the extent permitted by Georgia's Restrictive Covenant Act.

Option B: There is no non-solicitation or non-compete agreement.

Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, fire, flood, or other disaster, specifically considering events affecting business in Georgia.

Modification and Assignment

This Agreement may not be modified or amended except in writing signed by both parties.

This Agreement may not be assigned by either party without the prior written consent of the other party.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver

No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

Recordkeeping Requirements

Contractor shall maintain access to working papers and documentation for client audits or regulatory reviews for a minimum of [Number] years, consistent with Georgia statutes and Board of Accountancy regulations.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Client Name]

By: [Client Representative Name]

Title: [Client Representative Title]

[Contractor Name]

By: [Contractor Name]