West Virginia accounting independent contractor agreement template

West Virginia Accounting Independent Contractor Agreement

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

• [Client Company Name], a company organized and existing under the laws of West Virginia, with its principal place of business at [Client Company Address] ("Client"), and
• [Contractor Company/Individual Name], residing at [Contractor Address] or a company organized and existing under the laws of [State of Incorporation], with its principal place of business at [Contractor Business Address] ("Contractor").

1. Scope of Services

• Option A: The Contractor shall perform the following accounting services for the Client:
  • [List specific accounting services, e.g., Bookkeeping, Payroll Processing, Financial Statement Preparation, Tax Preparation (Federal & West Virginia), Audit Assistance, Internal Controls Assessment].
• Option B: The Contractor shall perform the accounting services as described in Exhibit A, attached hereto and incorporated by reference. Exhibit A shall detail performance standards, required documentation, accuracy requirements, deadlines, reporting formats, and communication methods.
• Option C: Contractor to provide comprehensive bookkeeping services, including but not limited to: (a) Recording of all financial transactions, (b) Maintenance of the general ledger, (c) Preparation of monthly financial statements (balance sheet, income statement, cash flow statement), (d) Bank reconciliations, (e) Accounts payable and receivable management.

2. Work Location

• Option A: The Contractor shall perform the services at the Client's principal place of business located in West Virginia.
  • The Client shall provide the Contractor with reasonable access to its facilities and systems necessary to perform the services.
• Option B: The Contractor shall perform the services remotely from [Contractor Location].
  • The Contractor shall be responsible for maintaining a secure work environment that protects the confidentiality of the Client's information in compliance with West Virginia data protection laws.
  • If remote access to Client data is required, Contractor will adhere to Client’s security policies as documented in Exhibit B.
• Option C: Services will be performed both on-site at [Client Company Address] and remotely. Schedule to be determined by mutual agreement and project needs.

3. Compensation

• Option A: The Client shall pay the Contractor an hourly rate of [Hourly Rate] for all hours worked.
• Option B: The Client shall pay the Contractor a fixed fee of [Fixed Fee] per project, as defined in [Project Definition Document].
• Option C: The Client shall pay the Contractor a retainer fee of [Retainer Fee] per month.
  • The retainer fee covers [Services covered by retainer]. Additional services will be billed at [Hourly Rate for additional services].
• Option D: The Contractor shall be compensated according to the following milestones:
  • [Milestone 1]: [Payment Amount]
  • [Milestone 2]: [Payment Amount]

All invoices must include itemized services, periods covered, and any applicable West Virginia sales tax or business and occupation tax considerations, if applicable. Payment is due within [Number] days of the invoice date. A late fee of [Late Fee Percentage]% per month will be applied to overdue invoices. Disputes regarding invoices must be submitted in writing within [Number] days of the invoice date.

4. Independent Contractor Relationship

• It is understood and agreed that the Contractor is an independent contractor and not an employee, agent, partner, or joint venturer of the Client.
• The Contractor is responsible for all federal and state income taxes, self-employment taxes, Social Security/Medicare contributions, and other taxes or withholdings required by law.
• The Contractor is responsible for obtaining and maintaining all necessary licenses, permits, and registrations required to perform the services in West Virginia, including compliance with all West Virginia business licensure, tax, and professional standards for accounting services.
• The Contractor warrants that it possesses and will maintain throughout the term of this Agreement appropriate workers' compensation or liability coverage as required by West Virginia law.

5. Confidentiality and Non-Disclosure

• The Contractor acknowledges that, in the course of providing services, it may have access to confidential information of the Client, including but not limited to financial data, customer lists, business strategies, and other proprietary information.
• The Contractor agrees to hold all such confidential information in strict confidence and not to disclose it to any third party without the prior written consent of the Client.
• This obligation of confidentiality shall survive the termination of this Agreement for a period of [Number] years.
• Upon termination of this Agreement, the Contractor shall return or securely destroy all copies of the Client's confidential information in its possession. Contractor must adhere to West Virginia's personal information protection laws.

6. Data Security

• The Contractor shall implement and maintain reasonable security measures to protect the Client's data, including both electronic and paper records, from unauthorized access, use, or disclosure.
• The Contractor shall comply with all applicable West Virginia cybersecurity laws and regulations.
• The Contractor shall use secure communication protocols when transmitting the Client's data.
• In the event of a data breach, the Contractor shall promptly notify the Client and take all necessary steps to mitigate the damage. This includes statutory reporting to affected clients and authorities as required by West Virginia law.

7. Intellectual Property

• All work product, including but not limited to reports, financial statements, and other materials prepared by the Contractor for the Client, shall be the sole property of the Client.
• The Contractor may use anonymized data for internal professional development, provided that such use does not disclose any confidential information of the Client.

8. Conflict of Interest and Non-Competition

• The Contractor agrees to avoid any conflicts of interest with concurrent clients in the same industry as the Client.
• The Contractor agrees not to solicit or hire any employees of the Client for a period of [Number] months after the termination of this Agreement.
• The Contractor agrees not to solicit clients of record of the Client during and after this agreement for a period of [Number] months.

9. Liability and Indemnification

• The Contractor shall be liable for any damages caused by its negligence or willful misconduct in the performance of its services, including but not limited to accounting errors, compliance failures, and breaches of confidentiality.
• The Contractor shall maintain professional liability (errors & omissions) insurance with coverage of at least [Insurance Amount].
• The Contractor shall 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 breach of this Agreement or its negligence or willful misconduct.
• The Contractor shall notify the Client immediately of any claim or potential claim against it relating to the services provided under this Agreement.

10. Quality Assurance and Corrections

• The Contractor shall correct any identified accounting errors or omissions in a timely manner and at its own expense.
• The Client shall have the right to audit or review the Contractor's work to ensure compliance with this Agreement and applicable accounting standards.

11. Continuing Professional Education and Licensing

• The Contractor shall maintain all necessary licenses and certifications required to perform accounting services in West Virginia, including any required continuing professional education (CPE).
• Contractor shall provide proof of compliance with all licensing and CPE requirements upon request.

12. Assignment and Delegation

• The Contractor shall not subcontract any of its obligations under this Agreement without the prior written consent of the Client.
• If subcontracting is permitted, the Contractor shall be responsible for ensuring that any subcontractors comply with all of the terms and conditions of this Agreement.

13. Termination

• Option A: This Agreement shall commence on [Start Date] and shall continue until [End Date].
• Option B: This Agreement may be terminated by either party upon [Number] days' written notice to the other party.
• Option C: The Client may terminate this Agreement immediately for cause, including but not limited to material breach of this Agreement or violation of applicable laws or regulations.

Upon termination of this Agreement, the Contractor shall promptly return all of the Client's data and other materials in its possession. Upon termination, the Contractor shall be entitled to compensation for all services performed up to the date of termination. Final compensation calculation must be provided within [Number] days of termination.

14. Governing Law and Dispute Resolution

• This Agreement shall be governed by and construed in accordance with the laws of the State of West Virginia.
• Any dispute arising out of or relating to this Agreement shall be resolved through direct negotiation.
• If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to mediation in West Virginia.
• If mediation is unsuccessful, the parties may pursue litigation in the state or federal courts located in West Virginia.

15. Representations and Warranties

• The Contractor represents and warrants that it has the full power and authority to enter into this Agreement and to perform its obligations hereunder.
• The Contractor represents and warrants that it is in compliance with all applicable laws and regulations, including all West Virginia state industry standards, tax laws, and licensing requirements.

16. Amendments, Waivers, and Entire Agreement

• This Agreement may be amended only by a written instrument signed by both parties.
• 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.
• 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 Company Name]

By: [Client Representative Name]

Title: [Client Representative Title]

[Contractor Company/Individual Name]

By: [Contractor Name]

Title: [Contractor Title, if applicable]