North Dakota accounting independent contractor agreement template

North Dakota Accounting Independent Contractor Agreement

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

[Client's Full Legal Name], residing at [Client's Mailing Address], phone number [Client's Phone Number], email [Client's Email Address], and, if applicable, business entity type [Client's Business Entity Type] (hereinafter referred to as "Client"),

and

[Contractor's Full Legal Name], residing at [Contractor's Mailing Address], phone number [Contractor's Phone Number], email [Contractor's Email Address], and, if applicable, CPA license number [Contractor's CPA License Number] or business entity type [Contractor's Business Entity Type] (hereinafter referred to as "Contractor").

1. Scope of Services

The Contractor agrees to provide the following accounting services to the Client:

Option A: Bookkeeping services, including [Specify details, e.g., monthly transaction recording, bank reconciliations].

Option B: Preparation and analysis of financial statements, including [Specify details, e.g., balance sheets, income statements, cash flow statements].

Option C: Payroll processing, including [Specify details, e.g., calculating wages, preparing payroll tax returns].

Option D: Tax planning and filing, including [Specify details, e.g., North Dakota income, sales, and payroll tax compliance].

Option E: Audits, internal controls review, and regulatory consulting, including [Specify details, e.g., specific type of audit, compliance matters].

Deliverables: The Contractor shall deliver [Specify deliverables, e.g., monthly financial reports, completed tax returns] on or before [Specify due dates or frequency].

Standards for Completion: All services shall be performed in accordance with generally accepted accounting principles (GAAP) and applicable North Dakota regulations.

Milestones:

[Milestone 1]: [Description and Due Date]

[Milestone 2]: [Description and Due Date]

Required Reporting: The Contractor shall provide [Frequency] status updates to the Client regarding the progress of the services.

2. Work Location and Access

The services will be performed:

Option A: Remotely.

Option B: On-site at the Client’s premises located at [Client's Physical Address in North Dakota].

Option C: At the Contractor's office located at [Contractor's Office Address].

Access to Client Records: The Client shall provide the Contractor with access to all necessary financial records and information required to perform the services.

Technology and Data Security:

Option A: The Contractor will use the Client's provided technology and adhere to the Client’s data security protocols.

Option B: The Contractor will use their own technology and is responsible for maintaining appropriate data security measures compliant with North Dakota data privacy regulations.

3. Compensation

The Client shall compensate the Contractor as follows:

Option A: Hourly rate of [Dollar Amount] per hour.

Option B: Retainer of [Dollar Amount] per month.

Option C: Flat fee of [Dollar Amount] per project.

Payment Due Dates: Payments are due within [Number] days of invoice receipt.

Invoicing Requirements: The Contractor shall submit invoices to the Client that include [List requirements, e.g., date, hours worked, description of services, project name].

Accepted Payment Methods: [List acceptable methods, e.g., check, direct deposit].

Late Payment Interest: Late payments will accrue interest at a rate of [Percentage]% per month, as permitted by North Dakota law.

4. Expense Reimbursement

The Client shall reimburse the Contractor for reasonable and necessary expenses incurred in connection with the performance of the services, subject to the following:

Advance Approval: Expenses exceeding [Dollar Amount] require prior written approval from the Client.

Documentation: The Contractor shall provide receipts and supporting documentation for all expenses.

Reimbursement Timing: Approved expenses will be reimbursed within [Number] days of submission.

5. Ownership of Work Product

All work products, client data, accounting records, tax filings, and supporting documentation created by the Contractor in connection with the services shall be the exclusive property of the Client. Upon termination of this Agreement, the Contractor shall promptly return all such materials to the Client. All electronic records must be securely transferred.

6. Confidentiality and Non-Disclosure

The Contractor shall hold all Client information in strict confidence and shall not disclose such information to any third party without the Client's prior written consent, except as required by law. This obligation extends both during and after the term of this Agreement and is governed by the North Dakota Uniform Trade Secrets Act.

7. Independent Contractor Status

The Contractor is an independent contractor and not an employee, partner, agent, or legal representative of the Client. The Contractor is responsible for all applicable federal and North Dakota income taxes, self-employment taxes, insurance (including errors and omissions malpractice insurance), and business licensing or registration. The Contractor has the right to perform services for others.

8. Professional Liability and Indemnification

The Contractor shall maintain professional liability (errors & omissions) insurance with coverage of at least [Dollar Amount]. The Contractor shall indemnify and hold harmless the Client from any claims, losses, or damages arising from the Contractor's negligence or professional misconduct in connection with the services, including but not limited to late filings, regulatory penalties, and data breaches.

9. Subcontracting

The Contractor shall not subcontract any of the services without the Client’s prior written consent. Any subcontractor must meet the minimum qualifications specified by the Client. The Contractor remains responsible for the quality and compliance of any subcontracted work.

10. Compliance with Laws and Ethical Guidelines

The Contractor shall comply with all applicable North Dakota, federal, and industry-specific laws and ethical guidelines, including requirements from the North Dakota State Board of Accountancy. The Contractor shall promptly notify the Client of any suspected financial irregularities.

11. Non-Compete/Non-Solicitation (Optional)

Option A: The Contractor agrees not to compete with the Client within [Geographic Area] for a period of [Number] years after the termination of this Agreement.

Option B: The Contractor agrees not to solicit the Client's employees or customers for a period of [Number] years after the termination of this Agreement.

Option C: No non-compete or non-solicitation clauses apply.

12. Term and Termination

This Agreement shall commence on [Start Date] and shall continue until [End Date].

Option A: This Agreement will automatically renew for successive [Time Period] terms unless either party provides written notice of termination at least [Number] days prior to the end of the current term.

Option B: This Agreement shall automatically terminate on [End Date].

Termination for Cause: Either party may terminate this Agreement immediately for cause, including but not limited to gross negligence, breach of confidentiality, or non-compliance with applicable laws.

Notice of Termination: Either party may terminate this Agreement with [Number] days written notice.

Upon termination, the Contractor shall provide a final invoice and return all Client data and work products.

13. Dispute Resolution

Any disputes arising under this Agreement shall be resolved as follows:

Good-Faith Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiation.

Mediation/Arbitration: If negotiation fails, the parties agree to participate in [Mediation or Arbitration] in [City, North Dakota].

Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota. The exclusive jurisdiction for any legal action shall be the courts of North Dakota.

14. Assignment

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

15. Regulatory References

This Agreement is subject to North Dakota contract law, tax compliance laws, accounting licensing statutes, and ethical codes adopted by the North Dakota State Board of Accountancy.

16. Cooperation

The Contractor agrees to cooperate with the Client in case of any regulatory inquiries, audits, or legal proceedings relevant to their services.

17. Preservation and Transfer of Records

The Contractor will ensure the secure preservation and transfer of all accounting records and electronic data in line with North Dakota professional standards.

18. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral. Any amendment to this Agreement must be in writing and signed by both parties.

19. Severability

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

20. References and Verification

The Client has the right to request references, verify licensure, or conduct background checks on the Contractor.

21. Notification of Changes

The Contractor shall immediately notify the Client of any change in license status, legal authority to practice, or any event that might impair their ability to perform accounting services under North Dakota law.

22. Software and IT Standards

Option A: The Contractor will use [Specific Accounting Software].

Option B: The Contractor will comply with the Client’s internal IT and cybersecurity standards.

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

[Client's Signature]

[Client's Printed Name]

[Contractor's Signature]

[Contractor's Printed Name]