Accounting Agreement
Accounting Agreement
This Accounting Agreement (the "Agreement") is made and entered into as of [Month Day, Year], by and between:
[Your Company Name]
[Your Company Address]
[Your Company Number]
(the "Company")
and
[Accounting Firm Name]
[Accounting Firm Address]
[Accounting Firm Number]
(the "Accountant")
WHEREAS, the Company desires to retain the Accountant to provide accounting services; and
WHEREAS, the Accountant agrees to provide such services under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows:
1. Services Provided
1.1 Scope of Services
The Accountant agrees to provide the following accounting services (the "Services"):
a. Preparation of monthly and annual financial statements.
b. Maintenance of general ledger accounts.
c. Reconciliation of bank statements and accounts.
d. Preparation and filing of federal and state tax returns.
e. Financial planning and budgeting assistance.
f. Payroll processing and related tax compliance.
g. Any other accounting services as mutually agreed upon by the parties in writing.
1.2 Additional Services
Any services not explicitly listed in Section 1.1 shall be considered additional services. Such services will be provided at an additional fee as agreed upon in writing by the parties.
2. Term and Termination
2.1 Term
This Agreement shall commence on [Month Day, Year] and continue until terminated by either party in accordance with Section 2.2.
2.2 Termination
Either party may terminate this Agreement:
a. For convenience, by providing [30] days’ written notice to the other party.
b. For cause, if the other party breaches any material provision of this Agreement and fails to cure such breach within [10] days of receipt of written notice of such breach.
2.3 Effect of Termination
Upon termination of this Agreement, the Accountant shall deliver to the Company all records, files, and other materials belonging to the Company. The Company shall pay the Accountant for all services rendered up to the date of termination.
3. Compensation
3.1 Fees
The Company agrees to pay the Accountant a fee of $[0] per hour for the Services rendered. The Accountant shall provide the Company with a detailed invoice on a [monthly] basis.
3.2 Payment Terms
Invoices are due and payable within [30] days from the date of the invoice. Late payments shall bear interest at the rate of [1.5%] per month, or the maximum rate permitted by law, whichever is lower.
3.3 Expenses
The Company shall reimburse the Accountant for reasonable out-of-pocket expenses incurred in the performance of the Services, provided such expenses are pre-approved by the Company in writing.
4. Confidentiality
4.1 Confidential Information
The Accountant agrees to maintain the confidentiality of all confidential and proprietary information of the Company (the "Confidential Information") and shall not disclose such information to any third party without the Company's prior written consent.
4.2 Exceptions
The confidentiality obligations shall not apply to information that:
a. Is or becomes publicly available through no fault of the Accountant.
b. Is disclosed to the Accountant by a third party who is not in breach of any confidentiality obligation.
c. Is required to be disclosed by law or a court order.
5. Indemnification and Liability
5.1 Indemnification
The Accountant agrees to indemnify, defend, and hold harmless the Company from and against any claims, liabilities, damages, losses, and expenses arising out of or related to the Accountant's negligence, willful misconduct, or breach of this Agreement.
5.2 Limitation of Liability
In no event shall the Accountant’s liability for any claims arising out of this Agreement exceed the total amount of fees paid by the Company to the Accountant in the [six] months preceding the claim.
6. Representations and Warranties
6.1 Authority
Each party represents and warrants that it has the authority to enter into and perform its obligations under this Agreement.
6.2 Compliance with Laws
The Accountant agrees to comply with all applicable federal, state, and local laws and regulations in the performance of the Services.
7. Miscellaneous
7.1 Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.
7.2 Amendments
Any amendments or modifications to this Agreement must be made in writing and signed by both parties.
7.3 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.
7.4 Dispute Resolution
Any disputes arising under this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [City, State].
7.5 Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
7.6 Notices
All notices required or permitted under this Agreement shall be in writing and sent to the addresses set forth above or to such other addresses as either party may designate in writing.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Your Company Name]
By:
[Your Name]
[Title]
[Accounting Firm Name]
By:
[Full Name]
[Title]
