Bookkeeping Agreement ("Agreement") is made and entered into as of by and between Pumpkin Tax Company, with a principal place of business at 12234 Queenston Blvd suite 200 ("Bookkeeper"), and Client Name: , with a principal place of business at
Recital
WHEREAS, Bookkeeper desires to provide certain bookkeeping services to Client, and Client desires to engage Bookkeeper for such services.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the parties agree as follows:
1. Services
Bookkeeper agrees to provide Client with the following bookkeeping services (the "Services"):
- Chart of Accounts Setup and Maintenance: Bookkeeper will establish a chart of accounts tailored to Client's specific business needs, ensuring proper categorization of all financial transactions. Bookkeeper will also maintain the chart of accounts by adding,
removing, or modifying accounts as necessary throughout the engagement.
- Daily Transaction Processing: Bookkeeper will record all of Client's daily financial transactions, including accounts receivable, accounts payable, payroll, bank deposits, and disbursements, into the designated accounts within the chart of accounts.
- Bank Reconciliation: Bookkeeper will reconcile Client's bank statements on a monthly basis, ensuring all recorded transactions match the bank's records and identifying any discrepancies.
- General Ledger Maintenance: Bookkeeper will maintain Client's general ledger by posting all recorded transactions, ensuring their accuracy and completeness.
- Account Payables Management: Bookkeeper can manage Client's accounts payable by processing vendor invoices, ensuring timely payments, and generating reports on
outstanding payables (for additional fees).
- Account Receivables Management: Bookkeeper can manage Client's accounts receivable by sending invoices to customers, tracking outstanding receivables, and
generating reports on delinquent accounts (for additional fees). The specific details and scope of the Services will be further outlined in a mutually agreed upon Service Order attached to this Agreement (the "Service Order").
2. Client Responsibilities
Client agrees to:
- Provide Bookkeeper with timely access to all necessary and accurate financial records and
information, including bank statements, invoices, receipts, and cancelled checks.
- Maintain a proper system of internal controls over its financial records, including
segregation of duties and authorization procedures.
- Respond promptly to any questions or requests for information from Bookkeeper.
- Classify and categorize any personal or non-business transactions before submitting them
to Bookkeeper.
- Pay Bookkeeper's fees in accordance with Section 3 below.
3. Fees and Payment
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Fee Structure: The fees for the Services will be determined based on the specific needs of
the Client and outlined in the attached Service Order. This may be a fixed monthly fee,
hourly rate, or a combination thereof, with additional fees for optional services like
financial report generation or A/R & A/P management.
- Estimates: Bookkeeper may provide estimates for additional services outside the scope of
the Service Order. Client agrees to approve any estimates exceeding a predetermined
amount (e.g., $[Dollar Amount]) before Bookkeeper performs the additional services.
- Payment Terms: Client shall pay Bookkeeper's fees within [5] days of the invoice date. Late payments will be subject to a late fee of [10]% per month on the outstanding balance.
4. Term and Termination
5. Confidentiality
Bookkeeper agrees to hold all Client information confidential and will not disclose such
information to any third party without the prior written consent of Client, except as required by
law. Client information includes, but is not limited to, financial records, tax information, and
business strategies. Bookkeeper will implement appropriate security measures to protect the
confidentiality.
6. Independent Contractor
Bookkeeper is acting as an independent contractor and is not an employee, agent, or partner of
Client. Bookkeeper is solely responsible for all taxes and benefits associated with its services.
7. Limitation of Liability
While Bookkeeper will use commercially reasonable efforts to perform the Services in a
professional and competent manner, Bookkeeper's liability to Client for any and all claims arising
out of or related to this Agreement, regardless of the form of action, will be limited to the total
amount of fees paid by Client to Bookkeeper under this Agreement in the twelve (12) months
preceding the date of the claim. Client acknowledges that Bookkeeping services are not a substitute
for professional tax or financial advice, and Client agrees to hold Bookkeeper harmless from any
liabilities arising from Client's own financial decisions.
8. Data Security
Bookkeeper will implement and maintain commercially reasonable administrative, physical, and
technical safeguards to protect the security, confidentiality, and integrity of Client's data. These
safeguards may include, but are not limited to, password protection, encryption, firewalls, and
intrusion detection systems. Bookkeeper will notify Client promptly in the event of any data breach
or security incident affecting Client's data.
9. Software and Access
- Bookkeeper may utilize specific accounting software to perform the Services. Client agrees to grant Bookkeeper access to the designated software and provide any necessary login credentials.
- Bookkeeper will maintain separate login credentials for Client's accounts and will not share these credentials with any unauthorized third party.
- Client is responsible for maintaining the security of its own software accounts and promptly notifying Bookkeeper of any suspected unauthorized access.
10. 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, representations, or agreements, whether oral or written.
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [Texas].
12. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
13. Notices
All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows:
14. Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
15. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, labour strikes, or governmental regulations.
16. Amendments
This Agreement may be amended only by a written instrument signed by both parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
