Billing Terms and Conditions – Effective January 1, 2023
This Billing Terms and Conditions (“Agreement”) is entered into by and between Vertex Realty Partners, Inc., and its subsidiaries (“Payee”), a company organized and existing under the laws of the State of Colorado, and Payor (Individual or Entity remitting payment). By Paying or not disputing any invoice within the time provided you are hereby accepting the following terms and conditions.
- Payment Terms:
- Payment Methods: The Payor shall make payments to the Payee using one of the following accepted payment methods: Cash, Check, Certified Funds, Domestic Wire or other legal tender, as indicated on your invoice.
- Payment Due Date: All payments are due by the date listed on the invoice.
- Invoice Late Payment: In the event of late payment, the Payor, shall be responsible for a $25 late fee or 8% of the amount owed whichever is greater or the maximum rate allowed by law.
- Rental Late Payment: In the event of late payment on a lease or rental charge, the Payor, shall be responsible for a $50 late fee or 5% of the amount owed whichever is greater or the maximum rate allowed by law, and shall be applied once the rental statement is late. Rent is due on the 1st of the month and considered late by the 10th. Funds MUST be received by us by the 10th in order to avoid a late fee.
- All payments received will be applied to past due invoices and applicable late fees first.Â
- Invoice Details: The Payee shall issue invoices to the Payor for all services rendered or products delivered or ordered, which shall include, but not be limited to, a detailed breakdown of charges, and quantities.
- Frequency of Invoicing: Invoices will be issued on a monthly or on demand basis or at the discretion of the Payee.
- Dispute Resolution: Any disputes related to billing or invoicing must be brought to the attention of the Payee in writing within 72 hours of receiving the invoice. Both parties shall work in good faith to resolve any disputes promptly. If a dispute is not issued in writing by Payor within the timeframe allotted, the Payor forfeits its right to dispute. This clause is not applicable to disputes relating to Payee failing to deliver or damaged or missing goods.
- Payee will add a $35 returned check fee on all returned checks.
- Suspension of Services: In the event of non-payment or overdue payments, the Payee reserves the right to suspend or limit services until payment is received in full.
- Tax Responsibilities: The Payor shall be responsible for all applicable taxes on the services rendered or products delivered unless otherwise specified in writing.
- Additional Charges: The Payee may charge additional fees for specific services or circumstances as outlined in the agreed-upon services.
- Tax Correction: If Payee identifies an error in taxes collected from Payor, Payee reserves the right to collect additional taxes up to 365 days from the date of invoice.
- Refund Policy: Refunds shall be granted in accordance with the applicable laws of the State of Colorado and as outlined in the specific terms agreed upon for the services or products. There shall be no refunds for custom ordered items, items that have been delivered, or items that are missing or damaged, unless Payee fails to replace or repair, at Payee’s discretion.
- No written agreement: If there is no written agreement between the parties, all invoices for goods and services are non-cancelable.
- Cancellation Terms: The Payor may cancel services or contracts subject to any cancellation fees as stated in the Agreement. Â
- If Payor disputes any charge that is considered valid in accordance with this agreement, the Payor shall be liable for a dispute fee of $35 and the invoice disputed will be considered late and unpaid from the date of dispute. Payor will be subject to the late fee as stated above.
- If Payee fails to deliver timely billing to Payor, unless Payor is not reasonably aware of fees owed, this shall not waive any financial liability for payment performance from Payor to Payee.
- Payor will be sent to collections or an action will be filed against Payor if an invoice is past due more than 90 days.
- If collection or legal activities commence against Payor, Payor will be responsible for all collection and/or legal fees in addition to the amount owed to Payee.
- A property lien will be filed against any Payor’s property, if work has been performed on Payor’s property, if any invoice is past due greater than 21 days. Payee will be responsible for all fees incurred to file a lien.
- If Payor fails to remit payment on time to Payee, Payor will forfeit all discounts provided by Payee and shall be liable for the adjusted rate, including back pay for recurring discounts earned.
- There shall be no offset for the amount due on any invoice, unless a written dispute has been received within 72 hours.
- Any damaged or missing goods and/or un-satisfaction with Payee’s performance within 48 hours of completion of service or receipt of goods. Failure of Payor to report will waive any liability born to Payee.
- Payee shall assess a 4%, or maximum rate as allowed by law, Transaction fee on all credit card transactions.
- Deposits shall be non-refundable once good funds are received by Payee. A deposit is used to book time and schedule materials and may cause financial harm to Payee if canceled or withdrawn. This clause may be waived by Payee, at Payee’s election.
- No invoice or order may be canceled by Payor once an invoice is sent to Payor for goods and services.
- Data Protection: Both parties shall take reasonable measures to protect any confidential information exchanged between them during the course of the engagement.
- Disclaimers: The Payee shall not be liable for any indirect, incidental, consequential, or punitive damages arising from the use of its services or products.
- Ownership: Any intellectual property developed by the Payee during the provision of services shall remain the property of the Payee, unless otherwise agreed upon in writing.
- Change of Terms: The Payee may modify these terms and conditions by posting a notice at the top of this page stating the revised date, and the modified terms shall be effective 30 days after the notice.
- Any disputes or notices must be provided in writing by either certified mail to Payee’s address: PO Box 2925, Grand Junction, CO 81502 or by email, with verification of receipt, to [email protected].
- This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Any legal action or proceeding arising out of or relating to this Agreement shall be brought in the courts of Mesa County, Colorado, and the parties hereby consent to the exclusive jurisdiction of such courts.