New Hampshire hr independent contractor agreement template

New Hampshire HR Independent Contractor Agreement

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

• [Client Name], a [Client Entity Type, e.g., Corporation] with a principal place of business at [Client Address] ("Client"), and
• [Contractor Name], a [Contractor Entity Type, e.g., Sole Proprietorship] with a principal place of business/residence at [Contractor Address] ("Contractor").

Scope of Services

• Option A: The Contractor shall provide the following HR services to the Client: [Detailed description of HR services, e.g., recruiting, onboarding, employee relations, compliance audits, benefits administration (consultative), payroll management (consultative), policy development, employee training, advisory services].
• Option B: The Contractor shall provide HR services as detailed in Exhibit A, attached hereto and incorporated by reference.
• Deliverables: [Define Deliverables, e.g., policy documents, training materials, recruitment reports].
• Timelines: [Specify Timelines, e.g., weekly, monthly, per-project deadlines].
• Service Benchmarks: [Define Service Benchmarks, e.g., response times, completion rates, error rates].
• Reporting Protocols: [Specify Reporting Protocols, e.g., weekly reports, monthly meetings].
• Milestones: [Define Milestones, e.g., project completion, audit completion, policy implementation].
• Escalation Procedures: [Describe Escalation Procedures, e.g., contact person, response time].

Work Location and Access

• Option A: Services will be performed primarily at [Work Location, e.g., Client's premises, Contractor's office, remotely].
• Option B: Services will be performed both onsite at the Client's premises and remotely, as needed.
• Access Requirements: [Specify any access requirements, e.g., security clearance, system access, facility access].
• Security Protocols: [Describe security protocols for data protection].

Fees and Payment

• Option A: The Client shall pay the Contractor at an hourly rate of [Dollar Amount] per hour.
• Option B: The Client shall pay the Contractor a project fee of [Dollar Amount] per project, as defined in Exhibit A.
• Option C: The Client shall pay the Contractor a monthly retainer of [Dollar Amount].
• Payment Schedule: [Specify Payment Schedule, e.g., bi-weekly, monthly, upon completion of project].
• Acceptable Methods: [Describe Acceptable Methods, e.g., check, ACH transfer].
• Invoice Format: [Describe Invoice Format and Delivery Method].
• Reimbursable Expenses: [Specify Reimbursable Expenses, e.g., travel, materials, and the process for reimbursement].
• Late Payment: [Specify Late Payment Terms, e.g., interest rate, grace period].
• Independent Contractor Tax Responsibility: The Contractor is solely responsible for all applicable federal and state taxes, including self-employment tax.

Independent Contractor Status

• The Contractor is an independent contractor and not an employee, partner, or agent of the Client.
• The Contractor is responsible for all self-employment taxes, insurance (including workers’ compensation if required by New Hampshire), and other benefits.
• The Contractor acknowledges their responsibility to comply with all New Hampshire independent contractor registration and reporting requirements under relevant laws, including those administered by the New Hampshire Department of Labor and the Department of Employment Security.

Intellectual Property

• All work product, HR documents, policies, analyses, and other deliverables produced under this Agreement are the exclusive property of the Client.
• The Contractor shall not use or disclose any confidential or personally identifiable information except as required for contract performance or by law.

Confidentiality

• The Contractor shall maintain the confidentiality of all Client data, trade secrets, personnel records, and other sensitive information.
• This includes compliance with New Hampshire security breach and employee privacy statutes.
• Exceptions: This obligation does not apply to information required to be disclosed by law.
• Security Incident Protocols: [Describe Security Incident Protocols].

Non-Solicitation/Non-Compete (If Applicable)

• Option A: During the term of this Agreement and for [Number] months thereafter, the Contractor shall not solicit employees or clients of the Client within [Geographic Area].
• Option B: No Non-Solicitation/Non-Compete.
• Scope: [Clearly define the scope of any non-compete agreement, ensuring compliance with New Hampshire law].
• Duration: [Specify the duration of any non-compete agreement].

Compliance

• The Contractor shall comply with all applicable federal, state, and local HR regulations, including but not limited to anti-discrimination laws (New Hampshire Law Against Discrimination), wage and hour regulations, and workforce notification requirements.
• Ongoing Education: [Specify any requirements for ongoing HR compliance education or licensing].

Performance Evaluation and Acceptance

• Deliverable Acceptance: [Outline the procedure for acceptance or rejection of deliverables].
• Client Feedback: [Describe how client feedback will be provided].
• Remediation: [Describe mechanisms for contractor remediation or re-performance at no extra cost if services fail to meet agreed standards].

Liability and Indemnification

• The Contractor shall be liable for any legal violations, breach of contract, data breaches (referencing New Hampshire RSA 359-C), or other damages arising from Contractor's error, omission, or misconduct.
• Limitation of Liability: [Specify any limitations of liability].
• The Contractor agrees to indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs and expenses (including attorney's fees) arising out of or relating to the Contractor's performance of this Agreement.

Insurance

• The Contractor shall maintain professional liability (E&O) insurance, cyber liability insurance, and general liability insurance with minimum coverage limits of [Dollar Amount].
• Proof of Insurance: The Contractor shall provide proof of insurance to the Client upon request.
• Maintenance: The Contractor shall maintain insurance coverage throughout the term of this Agreement.

Term and Termination

• The term of this Agreement shall commence on [Start Date] and continue until [End Date].
• Option A: This Agreement shall automatically renew for successive [Period, e.g., one-year] terms unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.
• Option B: This Agreement may be terminated by either party upon [Number] days written notice.
• Termination for Cause: Either party may terminate this Agreement for material breach, default, or violation of law or regulation.
• Wind-Down: Upon termination, the Contractor shall provide for an orderly wind-down of services and return all Client property and data.

Dispute Resolution

• Any disputes arising out of or relating to this Agreement shall be resolved through negotiation, mediation, or binding arbitration in New Hampshire.
• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire.
• Venue: Venue for any legal action shall be in [County], New Hampshire.

Compliance with Employment Laws

• The Contractor shall comply with all relevant New Hampshire and federal employment laws, including but not limited to FLSA, FMLA, COBRA, ERISA (if applicable), and state-specific benefits and leave laws.

General Provisions

• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• Assignment: The Contractor shall not assign or subcontract its obligations under this Agreement without the Client's prior written consent.
• Data Management: Upon conclusion of this agreement, or at request, the Contractor shall have data management, storage, and destruction of confidential information per New Hampshire and federal privacy regulation.
• Electronic Communications: The parties agree that electronic communications, including email and e-signatures, are acceptable for all purposes related to this Agreement and comply with the New Hampshire Uniform Electronic Transactions Act.

Client Obligations

• Access to Information: The Client shall provide the Contractor with access to information, personnel, and facilities necessary for the performance of services.
• Timely Feedback: The Client shall provide timely feedback on the Contractor's performance.
• Prompt Issue Escalation: The Client shall promptly escalate any issues or concerns to the Contractor.

Optional Clauses

• Background Check: [Specify background check or credential verification requirements for the HR contractor].
• Multi-Client Conflicts of Interest: [Outline any limitations or procedures related to potential conflicts of interest arising from the Contractor's other clients].
• Regulatory Audit Support: [Describe the Contractor's obligations to assist with regulatory audits].
• Specialized HR Service Areas: [Specify any unique requirements related to the Client's industry or workforce structure].

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]

Title: [Contractor Title, if applicable]