We at RPE Consulting believe our agreement with our customers is simple — we will provide services and products; we ask is that you pay us when you receive our invoice.
The following are the terms you automatically accept upon receipt of services, products, and invoices generated by RPE Consulting LLC (“us”, “we”, or “our”) that shall be payable by the Customer (“you”, "your") for services or products rendered.
You agree to, on behalf of yourself, your company, and/or both:
1. Invoices
1.1. All invoices monetary sums are in United States Dollars (“USD”), and we will only accept payment in USD.
1.2. We will invoice you at the beginning or conclusion of a project, depending on the nature of the project.
1.3. We may require a down payment for services and/or products depending on creditworthiness or other factors.
1.4. We may require monthly, quarterly, yearly, or other based payments for projects.
1.5. We may issue invoices and demand immediate payments for any services or products we provide.
1.6. We will send your invoice to you via email OR send you an invoice via U.S. Postal Service, which ever you prefer. You will be responsible for receipt of the invoice no matter the medium you request. Unless you have been provided net terms in writing, all invoices are due and payable upon receipt.
1.7. We will DEMAND IMMEDIATE PAYMENT if you have missed one or more due dates on any invoice within a ONE (1) year revolving period, regardless of any terms we may have previously offered to you.
2. Your Obligations
2.1. You agree to provide prompt, on-time, payment of any invoice
2.2. All check payments should be payable to RPE Consulting LLC and sent to the address on the invoice.
2.2.1. Payments are due in our office by 5:00 p.m. U.S. Central Time on the due date displayed on the invoice.
2.2.1.1. For mailed payments: we will use the post mark cancellation date as the date we received your payment.
2.2.1.2. For ACH payments originating from you: we will use the time of deposit as the date we received your payment.
2.2.1.3. For ACH payments originating from us: no payment shall be made late unless we attempt to collect the debit and are notified that your account does not have available funds necessary to complete the debit.
2.3. You must notify us of any dispute by 5:00 p.m. U.S. Central Time on the due date displayed. We will investigate the dispute. Upon conclusion of the investigation:
2.3.1.1. we will discount the disputed amount from the invoice and provide you a new due date if we find your dispute valid OR;
2.3.1.2. we will enforce the original amounts of the invoice. Any late fees will be the responsibility of you and will be assessed at the conclusion of our investigation and will be added to the invoice. We will the resend the invoice to you, with payment demanded immediately.
2.4. YOU ARE SOLELY RESPONSIBLE FOR ENSURING PROMPT PAYMENT.
2.5. You may choose to pay your invoices by cash, check, or ACH. We do not accept Credit Cards.
2.5.1. Check payments will not be accepted by you if you have had ONE (1) or more checks returned in a ONE (1) year revolving period.
2.5.2. ACH payments that we originate may incur a $5.00 administrative fee. ACH payment that you send or originate will never be assessed a fee.
2.5.3. Cash payments are only accepted in person on the day of service and while we are still on site. We will not accept cash at any other time.
3. Check Return and ACH decline
3.1. Checks returned to our financial institution for any means will be subject to fees and will be in addition to your invoice total.
3.2. Check return fees shall use the following schedule. These fees will be added to your invoice and the total will be due by you:
3.2.1. Checks in the amount of $150.00 USD or less: any fees we burden that are charged by our financial institution and a $30 USD administration fee.
3.2.2. Checks in the amount of $150.01 USD or greater: any fees we burden that are charged by our financial institution and a $30 USD administration fee and the check payments may be presented to the District Attorney responsible for prosecution.
3.3. ACH payments that we originate and that are returned for unavailable funds are subject to any fees we burden that are charged by our financial institution and a $45 USD administration fee. This may also terminate any automatic debit agreement we have with you.
3.4. YOU ARE RESPONSIBLE FOR PAYMENT OF ALL FEES STATED HEREIN. ANY CHECK KNOWINGLY WRITTEN ON A CLOSED ACCOUNT AND/OR KNOWINGLY HAVE INSUFFICIENT FUNDS WILL BE PROVIDED TO THE BROWN COUNTY WISCONSIN DISTRICT ATTORNEY AND/OR THE WISCONSIN DISCTRICT ATTORNEY FOR PROSECUTION AND RESTITUTION.
3.5. ANY ACH AGREEMENT CREATED BETWEEN YOU AND US THAT IS FRAUDULENT IN ANY WAY WILL BE IMMEDIATELY TERMINATED UPON DISCOVERY AND ALL INFORMATION GATHERED WILL BE PROVIDED TO THE U.S. FEDERAL 7th DISTRICT COURT FOR PROSECUTION AND WE WILL SEEK RESTITUTION ON ALL CASES PROSECUTED.
4. Late Payments
4.1. You are subject to late fees, as stated herein, for failure to pay an invoice in total and on time.
4.1.1. You will be charged a 5% fee of the late invoice total for your first late payment within a ONE (1) year revolving period, with a minimum fee of $30.00 USD;
4.1.2. You will be charged a $60 USD fee plus 7% fee of the late invoice total for your second and subsequent late payment within a ONE (1) year revolving period, with a minimum fee of $85.00 USD.
5. Collection
5.1. If you refuse to pay us or do not respond to contacts for payment, we will make every effort afforded to us by law. You will be liable for all costs incurred in the attempt to collect a debt from you. Our collections are NOT governed under the Fair Debt Collection Practices Act.
5.2. Our debt collections are handled by a third-party provider. Any invoice that is older than 31 days and greater than $50.00 USD will be subject to collections and your information will be provided to the third-party provider.
5.3. Once we begin a debt collection against you by notifying our third-party provider, we will no longer discuss or accept payment from you for the invoice(s) transferred to our collection provider. You will be required to pay the provider the invoice amount(s) due, plus any fees assessed by the provider.
5.4. Our debt collection actions will negatively effect upon credit scores, PAYDEX™, and other industry ratings used for payment fitness.
5.5. Should any invoice you owe be transferred to collections, we reserve the right to also transfer and collect any current invoices due, except where such a practice violates law.
5.6. We reserve the right and privilege to place liens against any and/or all property owned by the owners of your company or institution, including but not limited to contractor liens and personal property liens where authorized by law.
5.7. We reserve the right and privilege to place contractors’ liens against any and/or all properties we have performed services and/or supplied products, when such locations are subject to the collection action.
5.8. We reserve the right to transfer any and/or all liens to our collection provider.
6. Entire Agreement
6.1. This agreement, including attachment(s) hereto, constitutes the entire agreement of the parties. This agreement supersedes all prior agreements to the subject matter hereof.
6.2. This agreement may not be added to, modified, superseded, or otherwise altered, except by us without notice unless a notice is required by law. Our representatives (including management personnel, employees, and agents) have no authority to waive or amend this agreement, or any part of it, and no authority to make promises, representations, or agreements that impose duties or obligations on us unless in writing.
6.3. If any provision of this agreement is held to be illegal, invalid or unenforceable, such provision will be fully severable and this agreement will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof, and the remaining provisions hereof will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance.
6.4. This agreement is governed under the laws of the State of Wisconsin with additional regard to the laws of the United States of America.