This is an agreement between an accountant and a client setting forth material terms for the engagement of the accountant's services. It contains provisions regarding the payment terms, an agreement to mediate disputes, and the right to terminate the agreement by either party. This document contains numerous of the standard clauses commonly used in these types of agreements, as well as optional language to allow for customization to ensure the specific terms of the parties’ agreement are addressed.
This is an agreement between an accountant and a client setting forth material terms for the engagement of the accountant's services. It contains provisions regarding the payment terms, an agreement to mediate disputes, and the right to terminate the agreement by either party. This document contains numerous of the standard clauses commonly used in these types of agreements, as well as optional language to allow for customization to ensure the specific terms of the parties’ agreement are addressed. ACCOUNTANT ENGAGEMENT AGREEMENT ACCOUNTANT ENGAGEMENT AGREEMENT (this “Agreement”) is made and entered into as of _________________ [comment: insert date] by and between ____________________ (“Accountant”) and ___________________ (“Client”). Recitals WHEREAS, Accountant is duly licensed by the laws of the State of _______________ [comment: insert state] and engaged in the business of providing independent accounting services and assistance to clients; WHEREAS, Client, in order to properly conduct its business operations, wishes to employ Accountant; NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration as set forth herein, Accountant and Client hereby agree as follows: Terms 1. SERVICES During the length of this contract, Accountant shall perform any and all services in accounting and tax matters as Client requires in connection with Client's business including the preparation of accounting statements, tax reports and returns. Accountant will also provide supervisory and advisory services to Client when requested. 2. PAYMENT TERMS A. Rate. Client shall pay Accountant for services at the following rates: ___________________________________________ [comment: set forth rate schedule]. B. Payment Due. Accountant shall bill Client on a regular basis for services rendered. Bills will be due and payable on the first day of the following month. 3. RELATIONSHIP OF PARTIES The relationship of the parties is that of independent contractors. Nothing contained in this Agreement and no action by either party shall be deemed to constitute any party or any of such party’s employees or agents to be an employee or agent of the other party or shall be deemed to create any partnership, joint venture, association, syndicate among or between any of the parties, or shall be deemed to confer on any party any express or implied right, power or authority to enter into any agreement or commitment, express or implied, or to incur any obligation or liability on behalf of the other party. 4. TERMINATION © Copyright 2013 Docstoc Inc. 2 This agreement may be terminated by either party upon fifteen (15) [Instruction: insert any number] days written notice to the other party. All such notices shall be by certified mail or delivered personally. 5. MEDIATION In the event a claim or dispute shall arise between the parties to this Agreement, arising out of or relating to this Agreement, or the breach thereof, the parties agree to participate in mediation prior to filing a formal complaint in a court of law. The parties agree to share equally in the costs of mediation. 6. ATTORNEYS’ FEES AND COSTS Accountant and Client agree that should any action be instituted by either party against the other regarding the enforcement of the terms of this Agreement, the prevailing party shall be entitled to all of its expenses related to such litigation including, but not limited to, reasonable attorneys' fees and costs, both before and after judgment. 7. MAINTAINING CONFIDENTIAL INFORMATION Accountant agrees not to disclose any privileged or confidential information acquired while performing accounting services for Client to any person, or use such information in any manner that is detrimental to Client’s interests. For purposes of this Agreement, confidential information shall mean, by way of illustration and not limitation, all information owned, possessed or used by Client, which is communicated to, learned of, developed or otherwise acquired by Accountant in the course of his service. 8. MISCELLANEOUS PROVISIONS A. Notices. Notices shall be sent to the following address: For Accountant: _____________________ _____________________ _____________________ For Client: _____________________ _____________________ _____________________ B. Entire Agreement. This Agreement constitutes the entire agreement, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. © Copyright 2013 Docstoc Inc. 3 C. Severability of Agreement. To the extent that any provision hereof is deemed unenforceable, all remaining provisions of this Agreement shall not be affected thereby and shall remain in full force and effect. D. Waiver of Breach. The waiver of a breach of any provision of this Agreement by shall not operate as a waiver of any subsequent breach. No waiver shall be valid unless placed in writing and signed by the waiving party. E. Choice of Law, Jurisdiction and Venue. This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of ___________________, without regard to conflicts of law principles. The parties further agree and consent that venue of any action hereunder shall be exclusively in the County of ______________. IN WITNESS WHEREOF, each of Accountant and Client has executed this Agreement as of the date first above written. ACCOUNTANT CLIENT Signature Signature Print Name Print Name © Copyright 2013 Docstoc Inc. 4
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