Nebraska accounting independent contractor agreement template

Nebraska Accounting Independent Contractor Agreement

This Nebraska Accounting Independent Contractor Agreement (the “Agreement”) is made and entered into as of [Date of Execution], by and between:

• [Client Legal Name], a [Client Entity Type, e.g., Nebraska Corporation], with its primary place of business located at [Client Nebraska Business Address] (“Client”), and
• [Contractor Legal Name], a [Contractor Entity Type, e.g., Sole Proprietorship, LLC], with its primary place of business located at [Contractor Nebraska Business Address] (“Contractor”).

1. Scope of Services

• Option A: General Accounting Services
  • The Contractor shall provide the following accounting services to the Client:
    • Bookkeeping
    • Payroll processing
    • Financial record reconciliation
    • Preparation and review of financial statements
    • Federal and Nebraska state tax return preparation and filing
    • Sales/use tax filings
    • Internal audits
    • Compliance advice regarding Nebraska state and federal regulations
    • Client representation before the Nebraska Department of Revenue or IRS (if authorized).
• Option B: Specialized Accounting Services
  • The Contractor shall provide the following specialized accounting services to the Client: [Specifically list the specialized accounting services here, e.g., forensic accounting, business valuation, specialized tax services].

2. Deliverables, Standards, and Timelines

• Option A: Detailed Deliverables
  • The Contractor shall deliver the following specific deliverables: [List specific deliverables, e.g., monthly financial statements, quarterly tax filings]. The standard of work shall conform to generally accepted accounting principles (GAAP) and applicable Nebraska state and federal laws.
  • Timelines: Deliverables shall be submitted according to the following schedule: [Specify deadlines, e.g., monthly statements by the 15th of the following month, quarterly tax filings according to IRS deadlines].
• Option B: General Deliverables
  • The Contractor shall deliver accounting services as required by the Client, meeting professional accounting standards in Nebraska. Timelines will be mutually agreed upon for each project.

3. Nebraska Documentation and Data Handling

• Option A: Client-Provided Systems
  • All work will be performed using the Client's accounting systems and documentation. The Contractor shall maintain strict confidentiality regarding all client data and shall adhere to the Client's data security policies and all applicable Nebraska privacy laws.
• Option B: Contractor-Maintained Systems
  • The Contractor will use their own systems. The Contractor is responsible for the secure handling and storage of all Client data in accordance with Nebraska privacy laws and professional accounting standards.

4. Work Location and Access

• Option A: On-Site Work
  • The Contractor shall perform the work primarily at the Client's Nebraska premises located at [Client Nebraska Business Address]. On-site visits will occur [Frequency of visits, e.g., weekly, as needed].
• Option B: Remote Work
  • The Contractor shall perform the work remotely. The Contractor will maintain secure access to Client's electronic systems as needed and maintain confidentiality in compliance with Nebraska law.
• Option C: Hybrid Arrangement
  • The Contractor shall perform work both at the Client's premises and remotely. The allocation of work location will be determined based on project needs and mutual agreement.

5. Compensation

• Option A: Hourly Rate
  • The Contractor shall be compensated at an hourly rate of [Hourly Rate] U.S. dollars.
• Option B: Flat Fee
  • The Contractor shall be compensated a flat fee of [Flat Fee Amount] U.S. dollars per [Project or Time Period, e.g., tax return, month].
• Option C: Retainer
  • The Contractor shall be paid a retainer of [Retainer Amount] U.S. dollars per [Time Period, e.g., month, quarter], which will be credited against services rendered.

6. Invoicing and Payment

• The Contractor shall submit invoices to the Client [Frequency, e.g., monthly, upon completion of project]. Invoices must include a detailed description of services rendered and associated hours (if applicable).
• Payment is due within [Number] days of the invoice date. Acceptable payment methods are [List acceptable payment methods, e.g., check, electronic transfer].
• Late payments may be subject to a late fee of [Late Fee Percentage]% per month or the maximum amount allowed under Nebraska law.

7. Tax Responsibility

The Contractor is solely responsible for the payment of all applicable federal and Nebraska state and local taxes, including self-employment taxes, social security, Medicare, and income taxes. The Client will not withhold any taxes from the Contractor's compensation. The contractor is responsible for any sales or services tax obligations under Nebraska law for accounting consulting as an independent contractor.

8. Ownership of Work Product

All work product, records, and supporting documents created by the Contractor in connection with the services provided under this Agreement shall be the sole and exclusive property of the Client. Upon termination of this Agreement, the Contractor shall promptly return to the Client all such materials, or securely destroy them, according to Nebraska privacy regulations.

9. Confidentiality

The Contractor shall maintain strict confidentiality with respect to all Client information and data, in accordance with Nebraska statutes, the standards of the AICPA, and the Nebraska Board of Accountancy. This obligation shall continue both during and after the term of this Agreement. The Contractor shall not use Client data for any purpose other than the contracted services.

10. Independent Contractor Status

The Contractor is an independent contractor and not an employee, agent, or legal representative of the Client. No partnership, joint venture, or employment relationship is created by this Agreement. The Client will not provide workers’ compensation or unemployment insurance coverage for the Contractor, consistent with Nebraska law.

11. Licenses and Insurance

The Contractor shall obtain and maintain all required Nebraska state business registrations or licenses necessary to perform the services under this Agreement. The Contractor shall maintain errors and omissions/professional liability insurance in an amount sufficient to cover potential liabilities arising from the services provided under this Agreement. The Contractor shall provide proof of such insurance to the Client upon request.

12. Breach and Indemnification

In the event of a breach of this Agreement by the Contractor, including nonperformance, data breach, gross negligence, malpractice, or delayed deliverables, the Client shall be entitled to remedies available under Nebraska law, including damages and injunctive relief. The Contractor agrees to indemnify and hold harmless the Client from any and all claims, losses, or damages arising from the Contractor's breach of this Agreement.

13. Termination

• Option A: Termination for Convenience
  • Either party may terminate this Agreement for convenience upon [Number] days' written notice to the other party.
• Option B: Termination for Cause
  • The Client may terminate this Agreement immediately for cause, including but not limited to the Contractor's breach of this Agreement, gross negligence, or violation of confidentiality.

Upon termination, the Contractor shall submit a final invoice for services rendered up to the date of termination, and the Client shall promptly pay all outstanding amounts. The Contractor shall return all Client property and data.

14. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved through direct negotiation between the parties. If the parties are unable to resolve the dispute through negotiation, they shall attempt to resolve the dispute through mediation in Nebraska. If mediation is unsuccessful, the parties agree to binding arbitration in Nebraska. Nebraska law and courts shall have sole jurisdiction for any legal action.

15. Governing Law

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

16. Compliance with Regulations

The Contractor shall comply with all applicable federal and Nebraska industry regulations, including anti-fraud, anti-money laundering, and continuing professional education standards required by the Nebraska Board of Accountancy.

17. Non-Solicitation/Non-Competition

• Option A: Non-Solicitation Clause
  • For a period of [Number] months following the termination of this Agreement, the Contractor shall not solicit the Client's employees or customers within Nebraska.
• Option B: No Non-Solicitation/Non-Competition Restrictions
  • This Agreement does not contain any restrictions on non-solicitation or non-competition.

18. Record Retention

The Contractor shall maintain appropriate records for audit by Nebraska regulatory authorities or the IRS, including retention of working papers, client communications, and tax filing documentation for periods mandated by Nebraska law.

19. Amendment

This Agreement may be amended only by a written instrument signed by both parties.

20. Severability

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

21. 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.

22. 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.

23. Notice

All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by email to the addresses set forth above.

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

[Client Legal Name]

By: [Client Authorized Representative Name]

Title: [Client Title]

[Contractor Legal Name]

By: [Contractor Name]

Title: [Contractor Title, if applicable]