Texas accounting independent contractor agreement template

Texas Accounting Independent Contractor Agreement

This Texas Accounting Independent Contractor Agreement ("Agreement") is made and entered into as of this [Date], by and between [Client Legal Name], a [Client Business Entity Type, e.g., Texas Corporation] with its registered address at [Client Address], phone number [Client Phone Number], and email address [Client Email Address] ("Client"), and [Contractor Legal Name], a [Contractor Business Entity Type, e.g., Texas Limited Liability Company] with its registered address at [Contractor Address], phone number [Contractor Phone Number], and email address [Contractor Email Address] ("Contractor").

Recitals

WHEREAS, Client desires to engage Contractor to provide certain accounting services; and

WHEREAS, Contractor is an independent contractor and possesses the necessary expertise, experience, and qualifications to perform such services; and

WHEREAS, both parties desire to set forth the terms and conditions of this engagement in writing.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

Scope of Work

Option A: General Accounting Services. Contractor shall perform the following accounting services:

• General ledger maintenance
• Bank reconciliations
• Bookkeeping
• Payroll processing
• Financial statement preparation (specify frequency, e.g., monthly, quarterly, annually)

Option B: Tax Services. Contractor shall perform the following tax services:

• Preparation of federal and state income tax returns (specify types, e.g., 1040, 1120, Texas Franchise Tax)
• Preparation of sales tax returns
• IRS and Texas Comptroller filings

Option C: Specialized Accounting Services. Contractor shall perform the following specialized accounting services:

• Audit support
• Internal controls consulting
• Due diligence
• [Specify other specialized services]

Deliverables: Contractor shall deliver the following deliverables to Client: [List deliverables, e.g., Monthly financial reports, Tax returns]. Deliverables must be in [Specify format, e.g., PDF, Excel] format.

Work Quality: Contractor shall perform all services in accordance with professional and ethical standards, including the AICPA Code of Professional Conduct or the Texas State Board of Public Accountancy Rules of Professional Conduct, as applicable.

Timeline & Milestones: The services shall be performed according to the following timeline and milestones: [Specify timeline and milestones].

Work Location and Resources

Option A: Remote Work. Contractor shall perform the services remotely.

Option B: Client's Premises. Contractor shall perform the services at Client's premises located at [Client Address].

• Physical Access: Contractor shall be provided with access to [Specify areas, e.g., office space, equipment].

Option C: Hybrid. Contractor shall perform services both remotely and at Client's premises, as mutually agreed upon.

Data Access: Contractor shall have access to the following Client data: [List data, e.g., bank statements, invoices].

Data Security: Contractor shall comply with all applicable Texas identity theft and privacy statutes, including Texas Business & Commerce Code § 521.

Contractor Equipment: Contractor shall be responsible for providing all necessary equipment, including computers, software, and internet access, except for [List exceptions, if any].

Service Fees and Payment

Option A: Hourly Rate. Client shall pay Contractor at an hourly rate of [Dollar Amount].

Option B: Project-Based Fee. Client shall pay Contractor a fixed fee of [Dollar Amount] for the completion of [Specify Project].

Option C: Retainer. Client shall pay Contractor a retainer fee of [Dollar Amount] per [Specify Time Period, e.g., month].

Expense Reimbursement: Client shall reimburse Contractor for reasonable and necessary expenses incurred in connection with the services, subject to prior approval by Client. Expenses must be documented with receipts.

Invoicing: Contractor shall submit invoices to Client [Specify frequency, e.g., monthly]. Each invoice shall include a detailed description of the services performed and the hours worked (if applicable).

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

Late Payment Interest: Late payments shall accrue interest at a rate of [Percentage]% per month, or the maximum rate permitted by Texas Finance Code, whichever is lower.

Taxes: Contractor is solely responsible for all applicable federal, state, and local taxes, including self-employment tax and Texas franchise tax (if applicable).

Independent Contractor Status

Contractor acknowledges and agrees that Contractor is an independent contractor and not an employee of Client.

No Benefits: Contractor is not entitled to any employee benefits, including health insurance, vacation pay, or retirement benefits.

Tax Obligations: Contractor is solely responsible for all federal and Texas tax obligations, including self-employment tax, state franchise tax (if applicable), personal or business insurance, and withholding compliance.

Control of Services: Contractor has the sole right to control and direct the manner and method by which the services are performed.

Intellectual Property and Confidentiality

Ownership: All deliverables, financial records, and client data are the sole and exclusive property of Client.

Return of Materials: Upon termination of this Agreement, Contractor shall immediately return to Client all documents, records, and other materials belonging to Client, including all electronic files.

Confidentiality: Contractor shall maintain the confidentiality of all Client information and shall not disclose such information to any third party without Client's prior written consent. This obligation extends to data covered by the Gramm-Leach-Bliley Act, if applicable.

Records Protection: Contractor shall implement and maintain reasonable security measures to protect Client data from unauthorized access, use, or disclosure.

Subcontracting

Contractor shall not subcontract any of the services under this Agreement without the prior written consent of Client.

Professional Liability and Indemnification

Contractor shall maintain professional liability insurance (Errors and Omissions) with coverage of at least [Dollar Amount].

Indemnification: Contractor shall indemnify and hold harmless Client from and against any and all claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to Contractor's negligence, willful misconduct, or breach of this Agreement.

Limit of Liability: Client's liability to Contractor for any claim arising out of or relating to this Agreement shall be limited to the amount of fees paid by Client to Contractor under this Agreement.

Termination

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

Termination for Convenience: Either party may terminate this Agreement for any reason upon [Number] days' written notice to the other party.

Termination for Cause: Client may terminate this Agreement immediately upon written notice to Contractor if Contractor materially breaches this Agreement.

Final Accounting: Upon termination, Contractor shall provide Client with a final accounting of all fees and expenses.

Records Turnover: Upon termination, Contractor shall immediately turn over all Client records and data to Client.

Governing Law and Dispute Resolution

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

Venue: Venue for any action arising out of or relating to this Agreement shall be in [Texas County Name] County, Texas.

Dispute Resolution: The parties agree to attempt to resolve any disputes through negotiation. If negotiation fails, the parties agree to submit to mediation in [Texas County Name] County, Texas. If mediation fails, either party may pursue legal remedies in court.

Regulatory Compliance

Contractor represents and warrants that Contractor is duly licensed and qualified to provide the services under this Agreement, including compliance with the requirements of the Texas State Board of Public Accountancy (if applicable).

Contractor shall comply with all applicable federal, state, and local laws and regulations, including anti-fraud, anti-money laundering, and business entity requirements.

Conflict of Interest

Contractor shall promptly notify Client of any potential conflicts of interest that may arise in connection with the services.

Notices and Changes

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

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

Miscellaneous

Force Majeure: Neither party shall be liable for any failure to perform its obligations under this Agreement due to causes beyond its reasonable control.

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

Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving 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.

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.

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

____________________________

[Client Legal Name]

By: [Client Representative Name]

Title: [Client Representative Title]

____________________________

[Contractor Legal Name]

By: [Contractor Representative Name]

Title: [Contractor Representative Title]