New Hampshire accounting independent contractor agreement template

New Hampshire Accounting Independent Contractor Agreement

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

[Client Full Legal Name], with a principal place of business at [Client Full Address] and, if applicable, New Hampshire business registration number [Client Business Registration Number] ("Client"),

and

[Contractor Full Legal Name], with a principal place of business at [Contractor Full Address] and, if applicable, New Hampshire business registration number [Contractor Business Registration Number] ("Contractor").

1. Description of Services

Option A: The Contractor shall provide the following accounting services to the Client: [Detailed description of accounting services, e.g., preparation of financial statements, bookkeeping, tax preparation and filing specific to New Hampshire tax law, payroll processing, auditing, compliance consulting].

Option B: The Contractor shall provide accounting services as described in Exhibit A attached hereto and incorporated herein.

Option C: Other: [Specify other accounting services]

2. Scope of Work and Deliverables

Option A: The scope of work shall include: [Detailed scope of work, deliverable standards (e.g., GAAP compliance, New Hampshire Department of Revenue Administration standards), project phases, interim deadlines, service periods, reporting frequency, format and method of report delivery].

Option B: The Contractor shall deliver: [Specify all deliverables, e.g., monthly financial statements, tax returns] according to the following schedule: [Specify delivery schedule] meeting the following standards: [Specify deliverable standards].

Option C: The Client may submit queries or feedback to the Contractor through: [Specify communication channels]

3. Work Location

Option A: The Contractor will perform the services remotely.

Option B: The Contractor will perform the services at the Client's New Hampshire office located at [Client Full Address]. Secure on-site access will be provided.

Option C: The Contractor will perform the services at [Specify Alternate Location]. Provisions for secure on-site access, remote data exchange, document retention, and compliance with New Hampshire privacy and data security laws will be followed.

4. Service Fee and Payment

Option A: The Client shall pay the Contractor an hourly rate of [Dollar Amount] per hour.

Option B: The Client shall pay the Contractor a project-based fee of [Dollar Amount].

Option C: The Client shall pay the Contractor a retainer of [Dollar Amount] per [Month/Quarter/Year].

Billing rates: [List rates for specific tasks]

Invoicing procedure: [Describe invoicing procedure]

New Hampshire-specific sales tax (if applicable): [Specify tax or exemption]

Payment deadlines: [Specify deadlines]

Acceptable payment methods: [List acceptable methods]

5. Ownership and Use of Work Product

Option A: All client-provided materials and completed deliverables remain the Client's property.

Option B: The Contractor shall not use or disclose client information except as necessary to perform the services.

Option C: The Contractor will comply with accounting industry ethical standards, client confidentiality, privacy law, and any additional confidentiality agreements.

6. Independent Contractor Status

Option A: The Contractor is an independent contractor and not an employee of the Client. No employment relationship is created.

Option B: The Contractor is solely responsible for New Hampshire and federal income tax filings, self-employment tax, and payment of relevant New Hampshire business taxes (if forming a business entity). No employee benefits, workers' compensation, or unemployment benefits apply. See New Hampshire RSA Chapter 281-A for workers’ compensation classification.

Option C: The parties agree that the "ABC" test under New Hampshire law supports the independent contractor classification.

7. Contractor Obligations

Option A: The Contractor represents and warrants that they possess all required professional certifications or licenses (e.g., CPA license per New Hampshire Board of Accountancy rules) to perform the services.

Option B: The Contractor shall maintain professional liability insurance with minimum coverage of [Dollar Amount].

Option C: The Contractor shall adhere to state and federal accounting standards and complete continuing education as required.

8. Representations and Warranties

Option A: The Contractor represents and warrants that they have knowledge of, and will comply with, applicable New Hampshire laws, all relevant tax codes, and industry regulations.

Option B: The Contractor represents and warrants that they will not engage in any unlawful activity or conflict of interest.

Option C: The Contractor represents and warrants compliance with all applicable data retention guidelines.

9. Indemnification and Liability

Option A: The Contractor shall indemnify and hold harmless the Client from any and all claims, losses, damages, liabilities, costs, and expenses arising out of or relating to the Contractor's performance of the services under this Agreement, except to the extent caused by the Client's gross negligence or willful misconduct.

Option B: The Contractor’s liability for errors, omissions, or negligent acts shall be capped at [Dollar Amount].

Option C: The Contractor shall promptly notify the Client of any claim or dispute.

10. Record Access and Audit Rights

Option A: The Client or their designee shall have the ability to inspect Contractor work papers or supporting documentation as necessary for regulatory or financial review.

Option B: The Client shall provide reasonable notice prior to any inspection.

Option C: The audit rights shall be limited to matters directly related to the services provided under this Agreement.

11. Contract Duration, Renewal, and Termination

Option A: This Agreement shall commence on [Start Date] and shall continue until [End Date] unless sooner terminated as provided herein.

Option B: Either party may terminate this Agreement upon [Number] days written notice to the other party. Notice shall be deemed given upon [Specify method of delivery, e.g., certified mail].

Option C: The Client may terminate this Agreement immediately for breach of this Agreement or legal non-compliance by the Contractor. Post-termination: [Describe the post-termination process for transitioning client files and accounts]

12. Dispute Resolution

Option A: Any dispute arising out of or relating to this Agreement shall be resolved through negotiation in good faith.

Option B: If negotiation fails, the parties agree to attempt to resolve the dispute through mediation in New Hampshire.

Option C: If mediation fails, the dispute shall be resolved by binding arbitration in New Hampshire in accordance with the rules of the American Arbitration Association. New Hampshire law and local court jurisdiction apply.

13. Applicable Law

Option A: This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire, including New Hampshire contract law, state tax codes, Board of Accountancy rules, and regulatory requirements for professional service firms or individuals.

Option B: Venue for any legal action shall be in [Specify New Hampshire County] County, New Hampshire.

14. Compliance with Laws

Option A: The Contractor shall comply with all applicable anti-fraud, anti-money laundering, and state and federal ethics standards specific to the accounting profession.

Option B: The Contractor shall disclose any conflicts of interest or prior discipline by regulatory bodies.

15. Subcontracting

Option A: The Contractor shall not subcontract any of the services without the prior written consent of the Client.

Option B: If subcontracting is permitted, the Contractor shall ensure that any subcontractor is bound by the same confidentiality and compliance obligations as the Contractor.

Option C: All sub-providers will be subject to a duty of care and compliance at least equivalent to that required of Contractor.

16. Insurance and Bonding

Option A: The Contractor shall maintain professional liability insurance with minimum coverage of [Dollar Amount].

Option B: The Contractor shall provide the Client with current certificates of insurance and notification of policy changes.

Option C: The Client has the right to verify the Contractor's insurance coverage.

17. Force Majeure

Option A: Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by a force majeure event, including but not limited to acts of God, war, terrorism, natural disasters specific to New Hampshire (e.g., ice storms, blizzards), or governmental regulations.

Option B: In the event of a force majeure event, the affected party shall promptly notify the other party and shall use commercially reasonable efforts to resume performance as soon as possible.

18. Entire Agreement

Option A: 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.

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

[Client Full Legal Name]

By: [Client Signature]

Name: [Client Printed Name]

Title: [Client Title]

[Contractor Full Legal Name]

By: [Contractor Signature]

Name: [Contractor Printed Name]

Title: [Contractor Title]