Global Data Services

SEPT 23, Dear ***,I am replying to the letter I have received for client ( [redacted] of [redacted] )On the terms and condition of the equipment agreement that [redacted] had signed, the reverse of the contract clearly states that the equipment agreement is non cancellable on paragraph Furthermore on paragraph 8, the equipment is separate from the merchant agreementParagraph states the termination fee is equivalent to month average monthly fee multiply by the number of months remaining on the current agreement, which comes out to $18200.00.There is no words on the contract that states the equipment fee reimbursement for return equipment, its return to our property will decrease the cost of equipment fee, for the early termination.I believe that Global Data Service made a modest early termination fee, instead of applying the full cost of early termination feeThank youHae S

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved]
Complaint: ***
I am rejecting this response because: Please see Item to for specific reasons for rejection.
Summary
The current agreement
is complete and GDS’s unauthorized withdrawal on May 30th,
rescinds the agreementAs the results, **S requests the refund of the early
termination fee ($395), the equipment fee ($500), and the equipment cancellation
fee ($500) which is the total of $
Also provide **S with
1) the written confirmation of a returned equipment and status of merchant
account and, if exists, 2) a written authorization of the withdrawal from **S
Last but not least, **s
demands written apologies on intentionally avoiding **S’s contact and delaying
the process over three months
1. Regarding
to the party of the cancellation in Paragraph
The cancellation of the
current agreement[1]
(“GDS Equipment Purchase and Service Agreement”
signed 01/04/13) was actually rendered by Global Data Service (GDS)On May 30th
2014, GDS withdrew the amount of $1,in the name of early termination fee
($395), equipment fee ($500), and equipment cancellation fee ($500) from **S’s
*** bank account WITHOUT any **S’s authorization and notificationThere
is no doubt that the unilateral decision established the cancellationIf GDS
insists that **S requested any written cancellation, please provide a proofAlso,
the NON-CANCELLABLE AGREEMENT was not assigned by GDS at the time of signing
The unauthorized
withdrawal is definitely illegal and the *** bank is investigating this
matter separatelyThe case number can be provided upon request
Therefore, **S requests
the refund of the equipment cancellation fee of $We also request a written
confirmation stating that 1) the equipment was properly returned in June and 2)
the merchant service account is closedWe have requested GDS this confirmation
multiple times over three month period, however, an office clerk, a manager and
even an owner were unwilling to provide any form of the confirmationSee Item
below for detailsRegarding
to “the SEPARATE SERVICE (or merchant) AGREEMENT” in Paragraph
As far as we know, the current
agreement (signed on 01/04/2013) does include the service agreement as its
title says “Global Data Service
Equipment Purchase & Service Agreement.” Indeed, the agreement includes
the Card Processing clause on the front pageThe front page also states “Merchant (**S) agrees all the terms and
conditions ON THE REVERSE SIDE of this Agreement” and no separate service
agreement was provided and signedPlease provide us with a separate agreement
signed by **S if exists
3.
Regarding
to the early termination fee in Paragraph
The paragraph states
that “Should merchant (**S) terminate
this agreement…” and again GDS rendered the cancellation as stated in Item
aboveThus, this provision is NOT applicable**S further requests the
refund of the early termination fee of $withdrawn on May 30th
4.
Regarding
to Equipment Fee of $
Paragraph states
that “if Merchant terminates this
agreement prior to the end of term thereof.” With the same reason in Item
above, this provision is NOT applicable and **S already returned the equipment
in a good conditionThus, **S requests the refund of the equipment fee of
$
5.
Regarding
to GDS’s poor Customer Service
**S tried to negotiate
in a good faith and the owners of **S and GDS verbally agreed that the
equipment fee can be refundable when the equipment is returned while **S As
agreed, **S returned the equipment and requested a confirmation of cancellation
and the feeHowever, GDS intentionally avoided answers and responsibility as a
service and product provider
When **S visited GDS office three times, the
office clerk was unwilling to give any information under the pretext that neither
a manager nor an owner was in the officeWhen we called to the manager from
**S’s phone number he has, he answered the first call and told that he reported
it to the owner and would discuss it with himAnd then he never answered or
returned a callHowever, he answered a call when the call was made from
telephone number he didn’t recognizeThen, he said the same thing, still discussing
In September, we were finally able to talk to the owner but were told that he
did not well understand the situation and would check it laterThen, he never
returned a call
Regardless of the
refund of the equipment free arranged mutually, it is obvious that someone made
a decision to withdraw the fee but the owner claimed he was not well aware of
that Far more seriously, they
intentionally avoided **S’s contacts over three months and delayed the process
The entire call history can be provided upon requestTheir customer service
and handling is unacceptable and **S demands written apologies.
Thank you
[1]
The current agreement is distinguished as the pdf attachment (“***response.pdf”)
provided by GDS includes also outdated agreement signed in The current
agreement can be found in Page and of the GDS’s attachmentWe believe that
the outdated agreement was replaced by the current agreement and only the
current agreement is effective
Regards,
*** *** **

SEPT 23, 2014
Dear [redacted],I am replying to the letter I have received for client ([redacted] of [redacted]). On the terms and condition of the equipment agreement that [redacted] had signed, the reverse of the contract clearly states that the equipment agreement is non cancellable on...

paragraph 6. Furthermore on paragraph 8, the equipment is separate from the merchant agreement. Paragraph 11 states the termination fee is equivalent to 12 month average monthly fee multiply by the number of months remaining on the current agreement, which comes out to $18200.00.There is no words on the contract that states the equipment fee reimbursement for return equipment, its return to our property will decrease the cost of equipment fee, for the early termination.I believe that Global Data Service made a modest early termination fee, instead of applying the full cost of early termination feeThank youHae S

Review: We had contracted with global with a timothy K** in may of 2011. Agent no longer works at Global. We have suffered a monthly charge of $134.89- $161.96 for minimial usage since may of 2013. Our contract ended may of 2014. All equipment and letter of request for cancellation was sent U.S postal mail with signature confirmation. We are currently being billed in Sept. 2014. We requested to be reinbursed the over-charges for past 4 months. No manager information is avaliable or given. Ester of Global continues to beat around the bush. We are having difficulties finding results for resolution. In process of taking legal if interested please contact [redacted] ###-###-#### or text to cell [redacted]Desired Settlement: Wanted to make business and business owners aware of actions. Requesting others who may have been wronged to join to suit.

Review: I assumed that the contract between Global Data Service (GDS) and [redacted](**) was early terminated because GDS withdrew the early termination fee of $395, equipment cancellation fee of $500, and equipment fee of $500 without any notification to **. As stated in the contract, ** returned the equipment to GDS about two months ago and requsted for the refund of the equipment fee of $500. However, GDS han been refusing the refund. ** tried to contact them by visiting their office and calling to Manager Justin and onwer James. Whenever I visited the office, a lady at the desk told me that the owner should make a decision and she could not do anyting. When I called to the manager from my cell phone, he never answered. I think he avoided my calls. Calling from a different number, he kept told me that he will discuss with the owner and never got back to me with any resolution.

What I want is the refund of $500 equipment fee they withdrew.Desired Settlement: Refund of $500 as stated in stated in the contract

Business

Response:

SEPT 23, 2014Dear [redacted],I am replying to the letter I have received for client ([redacted] of [redacted]). On the terms and condition of the equipment agreement that [redacted] had signed, the reverse of the contract clearly states that the equipment agreement is non cancellable on paragraph 6. Furthermore on paragraph 8, the equipment is separate from the merchant agreement. Paragraph 11 states the termination fee is equivalent to 12 month average monthly fee multiply by the number of months remaining on the current agreement, which comes out to $18200.00.There is no words on the contract that states the equipment fee reimbursement for return equipment, its return to our property will decrease the cost of equipment fee, for the early termination.I believe that Global Data Service made a modest early termination fee, instead of applying the full cost of early termination feeThank youHae S

Consumer

Response:

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

Review: [redacted]

I am rejecting this response because: Please see Item 1 to 4 for specific reasons for rejection.

Summary

The current agreement

is complete and GDS’s unauthorized withdrawal on May 30th, 2014

rescinds the agreement. As the results, **S requests the refund of the early

termination fee ($395), the equipment fee ($500), and the equipment cancellation

fee ($500) which is the total of $1395.

Also provide **S with

1) the written confirmation of a returned equipment and status of merchant

account and, if exists, 2) a written authorization of the withdrawal from **S.

Last but not least, **s

demands written apologies on intentionally avoiding **S’s contact and delaying

the process over three months.

1. Regarding

to the party of the cancellation in Paragraph 6

The cancellation of the

current agreement[1]

(“GDS Equipment Purchase and Service Agreement”

signed 01/04/13) was actually rendered by Global Data Service (GDS). On May 30th

2014, GDS withdrew the amount of $1,395.00 in the name of early termination fee

($395), equipment fee ($500), and equipment cancellation fee ($500) from **S’s

[redacted] bank account WITHOUT any **S’s authorization and notification. There

is no doubt that the unilateral decision established the cancellation. If GDS

insists that **S requested any written cancellation, please provide a proof. Also,

the NON-CANCELLABLE AGREEMENT was not assigned by GDS at the time of signing.

The unauthorized

withdrawal is definitely illegal and the [redacted] bank is investigating this

matter separately. The case number can be provided upon request.

Therefore, **S requests

the refund of the equipment cancellation fee of $500. We also request a written

confirmation stating that 1) the equipment was properly returned in June and 2)

the merchant service account is closed. We have requested GDS this confirmation

multiple times over three month period, however, an office clerk, a manager and

even an owner were unwilling to provide any form of the confirmation. See Item

5 below for details.2. Regarding

to “the SEPARATE SERVICE (or merchant) AGREEMENT” in Paragraph 8

As far as we know, the current

agreement (signed on 01/04/2013) does include the service agreement as its

title says “Global Data Service

Equipment Purchase & Service Agreement.” Indeed, the agreement includes

the Card Processing clause on the front page. The front page also states “Merchant (**S) agrees all the terms and

conditions ON THE REVERSE SIDE of this Agreement” and no separate service

agreement was provided and signed. Please provide us with a separate agreement

signed by **S if exists.

3. 3. Regarding

to the early termination fee in Paragraph 11

The paragraph states

that “Should merchant (**S) terminate

this agreement…” and again GDS rendered the cancellation as stated in Item

1 above. Thus, this provision is NOT applicable. **S further requests the

refund of the early termination fee of $395 withdrawn on May 30th

2014.

4. 4. Regarding

to Equipment Fee of $500

Paragraph 13 states

that “if Merchant terminates this

agreement prior to the end of term thereof.” With the same reason in Item 3

above, this provision is NOT applicable and **S already returned the equipment

in a good condition. Thus, **S requests the refund of the equipment fee of

$500.

5. 5. Regarding

to GDS’s poor Customer Service

**S tried to negotiate

in a good faith and the owners of **S and GDS verbally agreed that the

equipment fee can be refundable when the equipment is returned while **S . As

agreed, **S returned the equipment and requested a confirmation of cancellation

and the fee. However, GDS intentionally avoided answers and responsibility as a

service and product provider.

When **S visited GDS office three times, the

office clerk was unwilling to give any information under the pretext that neither

a manager nor an owner was in the office. When we called to the manager from

**S’s phone number he has, he answered the first call and told that he reported

it to the owner and would discuss it with him. And then he never answered or

returned a call. However, he answered a call when the call was made from

telephone number he didn’t recognize. Then, he said the same thing, still discussing.

In September, we were finally able to talk to the owner but were told that he

did not well understand the situation and would check it later. Then, he never

returned a call.

Regardless of the

refund of the equipment free arranged mutually, it is obvious that someone made

a decision to withdraw the fee but the owner claimed he was not well aware of

that. Far more seriously, they

intentionally avoided **S’s contacts over three months and delayed the process.

The entire call history can be provided upon request. Their customer service

and handling is unacceptable and **S demands written apologies.

Thank you

[1]

The current agreement is distinguished as the pdf attachment (“[redacted]response.pdf”)

provided by GDS includes also outdated agreement signed in 2010. The current

agreement can be found in Page 8 and 9 of the GDS’s attachment. We believe that

the outdated agreement was replaced by the current agreement and only the

current agreement is effective.