Harbortouch

On
3/16/2015 the Harbortouch Risk Department spoke via telephone with the merchant
providing notification that the account was being terminated.  Harbortouch indicated to the merchant to
contact their prior processor to resolve the outstanding issues.
In
our prior response dated 3/30/2015 Harbortouch provided a copy of the Termination
Letter dated 3/16/2015 generated by Harbortouch Underwriting Department and was sent to the
merchant’s legal address on file.  The
letter indicates the reason for termination and that funds will be held for 180
days.   
Harbortouch
did provide the merchant with notification verbally and in written form on
March 16, 2015. 
Legal Group
Harbortouch

[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]
 Complaint: [redacted]
I am rejecting this response because:
It's not completely blank I have attached a copy of one of the docs. and I cancelled this contract because I saw to many bad reviews about your company. you took it upon yourself to send out the terminal without any verbal written or electronically signed document or agreement of rates. You seriously would rather have me go very public on how harbor touch is trying to screw me rather than close the account. Really? I just want my relationship with you ended!! You may not care about legal action because you have a legal team to toss this to but what about the damage all my emails to every news outlet I can find can do. I'm not defenseless like you make it out to be. And then what your going to put a collection on me and I dispute it as a fraudulent account and have it removed because this is fraudulent I can keep going. someone who is violated will find a way. You may be a big company and I am a small bus owner but I PROMISE I WILL FIND A WAY TO GET OUT OF THIS or you can cancel and send me a box to return your equipment and I just forget about harbor touch. I also recommend you copying your boss and your legal team about this because any one with common business sense would tell you canceling and moving on from this is much easier!!
I also have a bunch of emails asking you to stop pursuing sending me the pos equipment and your customer service told me I can cancel without any penalty within 30 days so why are you refusing to cancel. the only reason I jumped here is because I can't find anyone to actually cancel and not transfer me to another voicemail which I kept track of very well. 
 
P.s Courts tend to rule in favor of the little guy when big companies try to strong-arm the little guys. 
Regards,
[redacted]

We are sorry to hear of [redacted]’s dissatisfaction with services provided by Harbortouch.  Harbortouch values each...

merchant is serves,
realizing that exceptional customer service is just as important as competitive
pricing and innovative products.  We take
the loss of a customer’s business very seriously and, if given the opportunity,
will do whatever we can to satisfy Harbortouch customers.
The merchant signed a
Merchant Processing Agreement on May 15, 2013 for a 3 year term and a POS Service
Agreement for a term of 5 years as per Exhibit A No. 8.  The merchant stopped processing in April of
2014 and has not returned the processing/POS equipment. The POS Service Agreement Exhibit A Section
4.6 titled “Equipment Return” explains the terms for return of the equipment
upon termination of the agreement.
In accordance with the
Merchant Processing Agreement inclusive of the Terms and Conditions, together with its
addenda, attachments and schedules and
can be accessed at www.harbortouch.com/terms Harbortouch has charged the merchant an ETF of $770
and $499 fee for non return of the equipment.  Upon the return of the equipment Harbortouch
will refund the RMA fee of $499. This still leaves $770. We'd be happy to
discuss a resolution of that at the merchants convenience.

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 Complaint: [redacted]
I am rejecting this response because: I completely disagree with statement that Harbortouch is not in breech of contract.  If you cannot or will not make your product work within a reasonable amount of time, you are in breech of contract.  
They state that the  problems with the system were "minor".  This is untrue.  THe system had a whole bevy of problems that were not resolved when the installer left.  Unfortunately, when I asked the installer to help with the problems, I was told (with a laugh on his part), that he had "never installed this kind of system before, and could not answer my questions".  Following is a list of problems that already existed with the Harbortouch system when the installer left the store.
1. the system's mouse did not work
2.the system's credit card swipe did not work, causing us to lose sales that morning while we couldn't process credit cards.  
3. many items in store did not register when scanned (i.e. the scanner would accept the sku but would not upload the info.
4. System would not allow us to input and save sku's that were missing
5. Often, when an item would scan, incorrect information popped up (i.e. the sku matches the scan but the price and product information was wrong) 
It was obviously programmed very, very poorly, and never quality checked before it was shipped to us.  
Despite previous promises that we'd be able to use the system the day it was installed, the system was basically unusable when the installer left.  
Harbortouch made many elaborate offers of wanting to help, and wanting to fix the system, but they never actually came through.  Each time we called, it was hold for 15-30 minutes, finally talk to someone only to be told that it was someone else we needed to talk to, and then passed on to a different customer service representative.  This happened multiple, multiple times.  At one point, the store's manager was instructed by a customer service rep to email a list of problems with the system, and told that a rep would call him to go over the problems, point by point, the next morning.  THe manager sent the email, then came in early to take this phone call before the store opened, so that he would not be disturbed by customers while he was trying to talk to the rep.  The rep never even called that day!  The rep did finally call back the following day, and the manager was unable to take the call because we had so many customers at that time.  When the manager tried to call back again later, he was on hold so long (20 min), that he had to hang up.  No one at Harbortouch seems to be able to actually solve a problem.  They make empty promises repeatedly.  
My experience with this system, and my unfortunate dealings with Harbortouch's customer service reps have caused me to completely lose faith in this system.  Their system does not work, and their customer service does not work.  Since I cannot use the system, I do not feel that I should have to pay the Early Termination fee.  I would like to return the system as soon as possible.  However, the last time I called customer service, on Monday June 23, I was told that "there is no point in sending back the system, because you signed a contract, and you will be paying for it one way or another".  I asked to talk to someone who could discuss matters further, and was told that that person did not exist.  To my mind, it was just another example of the company's poor customer service.  
Regards,
[redacted]

The fee's the merchant is referring to can be located on section B4 (Service Charges) of the agreed upon contract. The fee's were withdrawn in accordance to the agreed upon terms and thus are valid. If merchant did not use services, that is irrelevant as the contract is legally binding, non-...

dependent on use. Harbortouch has acted within the realm of the agreement, and as such no refund will be issued.

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to
 Complaint: [redacted]
I am rejecting this response because: The copy of the contract that we have does NOT say in it anywhere that the term was 3 years.  Before we entered into this agreement Harbortouch's representative told us repeatedly the term was for 2 years.  In fact when we tried to resolve this ourselves with Harbortouch they couldn't seem to come up with the agreement that said so--all they would say was it was online.  It may be online now--but it was not earlier.  As I have stated earlier I want the collection against me dropped in full.  If they send a label I will be happy to return their register.
Regards,
[redacted]

Please be advised that Harbortouch Payments, LLC f/k/a United Bank
Card, Inc. (d/b/a Harbortouch) has full corporate authority to act on behalf of
Credit Card...

Processing, USA (d/b/a [redacted] Merchant Services, Inc.).
On or around March 31, 2014, United Bank Card, Inc. (d/b/a
Harbortouch) entered into a Stock Purchase Agreement with Credit Card
Processing, USA (d/b/a [redacted] Merchant Services, Inc.) and its shareholders. As a
result of the agreement, [redacted] merged into [redacted] Merchant Services Holdings LLC, a
New Jersey limited liability company, Harbortouch merged into Harbortouch
Payments, LLC, a newly formed Delaware limited liability company and
Harbortouch Payments, LLC then acquired all the outstanding membership
interests, obligations and responsibilities of [redacted] Merchant Services Holdings,
LLC.
We are disappointed
to hear of [redacted]’s dissatisfaction
with Harbortouch’s products and services. Harbortouch values each merchant it
serves, realizing that exceptional customer service is just as important as
competitive pricing and innovative products. We take the loss of a customer’s
business very seriously and, if given the opportunity, will do whatever we can
to make [redacted] a satisfied
Harbortouch customer.
[redacted] entered into a Merchant Processing Agreement on
8/16/10 with [redacted] Merchant Services, Inc. now operating under Harbortouch
Payments, LLC.   The Processing Agreement
consists of the Merchant Application and the Terms and Conditions, together
with its addenda, attachments and schedules. 
I am attaching a copy of the Merchant Transaction Processing Agreement (“Processing
Agreement”) and attaching a copy of the [redacted] Terms and Conditions.  The merchant received a copy of the Terms and
Conditions prior to signing the Merchant Application.
The Processing
Agreement has a minimum three (3) year term as per Section 4 of the Terms and
Conditions.  At the end of the initial
term the Processing Agreement automatically renews for an additional two (2)
year periods. The termination of the agreement requires the written request of
the merchant prior to any renewal period. 
Please see Section 5 of the Terms and Conditions for further details
and Section VIII of the Merchant Processing Agreement.
Harbortouch
recently received written notice dated September 24, 2014 of the merchant’s request to cancel his account.    Harbortouch closed Ms. Kuruca’s merchant account on September 25,
2014 and charged him an ETF $250.00 in accordance to the Merchant Processing
Agreement and the Terms and Conditions.

We are sorry to hear of the merchant’s dissatisfaction with
Harbortouch’s products and services. 
Harbortouch values each merchant it serves, realizing that exceptional
customer service is just as important as competitive pricing and...

innovative
products.  We take the loss of a
customer’s business very seriously and, if given the opportunity, will do
whatever we can to make the merchant a satisfied Harbortouch customer.
There are two distinct contracts entered into by the
merchant.
1. Merchant
Transaction Processing Agreement
On February 6, 2015 the merchant entered into a Harbortouch
Merchant Transaction Processing Agreement (“Processing Agreement”). The
Processing Agreement governs the terms and conditions whereby Harbortouch
agreed to provide the merchant’s business with processing services for
credit/debit card transactions. The Processing Agreement consists of the
Merchant Application and the Terms and Conditions, together with its addenda,
attachments and schedules.  A copy of the
Merchant Application is enclosed (a clean copy is provided for reference). The
merchant received a copy of the Terms and Conditions prior to signing the
Merchant Application. However, you may also access the Terms and Conditions at www.harbortouch.com/terms.  The Processing Agreement is for a three (3)
year period and automatically renews for successive two (2) year terms.  (Please see Sections 4 and 5 of the Terms and Conditions
for details).
2. Point of Sale
Service Agreement
 On February 6, 2015, the
merchant entered into a Harbortouch POS System Service Agreement (“Service
Agreement”). The Service Agreement governs the terms and conditions whereby
Harbortouch agreed to provide your client’s business with [no. of systems (?)] POS
systems, at little to no upfront cost, based on his commitment to a five (5)
year agreement for support service based on a monthly fee and other applicable
charges. The Service Agreement consists of Exhibit A and the Service
Agreement’s terms and conditions. A copy of the Service Agreement is attached
to this letter.
The POS system was installed at the merchant’s business
location on February 25, 2015.  We are
attaching a copy of the Installation Sheet signed by the merchant. 
After a detailed review of the merchant account, it has been
determined that Harbortouch did not receive any notice from the merchant of his
intention to terminate his merchant account prior to his closing his business
bank account.  The merchant is in breach
of the contracts.   
Harbortouch closed the merchant account in its database on
August 11, 2015 by our Risk Department.  All
processing fees and charges incurred by the merchant are valid in accordance
with the terms and conditions of the Processing Agreement and the POS Service
Agreement.
 
7/2/2015


$95.12


July POS and POS POM Fees


7/2/2015


$25.00


NSF for above item


8/2/2015


$32.50


July Statement Fee


8/2/2015


$25.00


NSF for above item


8/4/2015


$99.00


AF FT and POS PO< Fees


8/4/2015


$25.00


NSF for above item


8/12/2015


$250.00


UBC Cancel Fee


8/12/2015


$25.00


NSF for above item


8/12/2015


$2,139.00


Harbortouch Cancel Fee


8/12/2015


$25.00


NSF for above item



 


$2,740.62


Current Balance


We suggest the merchant contact our Collection Department at
###-###-#### to discuss resolution of his account.
Harbortouch would be happy to work with the merchant to
retain his account.  If the merchant
would like to continue with Harbortouch services he should contact Deb S[redacted] at
###-###-####.
Nothing
contained herein should be deemed an admission or waiver of Harbortouch’s
rights under applicable law. Harbortouch expressly reserves all of its rights,
remedies and defenses in law or in equity.
 Legal
Group
Harbortouch

A customer service representative will initiate contact in the form of email as requested in settlement.

[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]
 Complaint: [redacted]
I am rejecting this response because: 
[redacted],
I just read the response, and There should NOT be any "Outstanding" balances.
And I am Making sure that this does NOT affect me or My credit rating.
The only reason I bring this up as any outstanding balance that is written off becomes income to me and or my business.
That is NOT acceptable.
Please check on this.
Sincerely, [redacted].
Regards,
[redacted]

[A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. 
Regards,
[redacted]

[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]
 Complaint: [redacted]
I am rejecting this response because:In the brochure on page 7 it clearly states that you can create an online menu for online ordering, and you can update the POS system remotely via the lighthouse feature. Every time I have called to inquire about this, I am told it is only for the [redacted] model, and that the [redacted] model will receive it "in a couple of years" --- this was even told to me by Alex V[redacted] after the system was received. The brochure CLEARLY states on the very first page it is for the [redacted] system, nothing is mentioned about the [redacted] system. I have attached 2 photos. The first photo shows the [redacted] model on the brochure. The second picture shows page 7, showing clearly that online ordering is a feature.
I have been lied to about this system, it clearly does not do what it says it will do on the brochure. I have contacted your "resolution specialists" multiple times and left multiple voicemail with no response.
I will not pay any early termination fees for this system because it is completely different than what the brochure says, but I will eat the shipping cost to return it to harbortouch.
Regards,
[redacted]

We
are disappointed to hear of [redacted]’s dissatisfaction with Harbortouch’s
products and services. Harbortouch...

values each merchant it serves, realizing
that exceptional customer service is just as important as competitive pricing
and innovative products. We take the loss of a customer’s business very
seriously and, if given the opportunity, will do whatever we can to make [redacted] a satisfied Harbortouch customer.
[redacted] entered into a Merchant Processing Agreement on 5/27/14 with
Harbortouch.   The Processing Agreement consists of the Merchant
Application and the Terms and Conditions, together with its addenda,
attachments and schedules.  I am attaching a copy of the Merchant
Transaction Processing Agreement (“Processing Agreement”) and attaching a copy of
the Terms and Conditions.  The merchant received a copy of the Terms and
Conditions prior to signing the Merchant Application.
The
Processing Agreement has a minimum three (3) year term as per Section 4 of the
Terms and Conditions.  At the end of the initial term the Processing
Agreement automatically renews for an additional two (2) year periods. The
termination of the agreement requires the written request of the merchant prior
to any renewal period.  Please see Section 5 of the Terms and Conditions
for further details and Section D6 of the Merchant Processing Agreement.
Harbortouch
received written notice dated September 25, 2014 of the merchant’s request to
cancel his account and charged him an ETF of $250.00 in accordance to the Merchant
Processing Agreement and the Terms and Conditions.  In accordance with the terms and conditions
of the Merchant Processing Agreement Section D7 the ETF of $250 or $35
multiplied by the number of months remaining in the merchant agreement
(whichever is greater) would be applied for early termination.   Since [redacted] entered the contract on
5/27/14 and cancelled 9/25/14 there remained an additional 32 months in the
agreement.  The ETF of 32 x $35
totaling $1,120 was waived and [redacted] was charged an ETF of $250.
Harbortouch
does not offer month to month processing service agreements.
Harbortouch
closed [redacted]’s merchant account in our database September 25, 2014.  The
current amount owed by the merchant in collections is $349.86. The following
amounts have rejected from the merchant’s business account.
$250.00 ETF 9/26/14
$25.00 rejection fee 9/26/14
$25.00 minimum service fee 9/20/14
$49.86 processing fees 9/20/14
$349.86
Any
issues with the equipment lease should be addressed directly to the leasing
company.

The credit has been issued so the merchant will see
their funds within 72 hours. The account has been closed and there will be no further billing in the future....

[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]
 Complaint: [redacted]
I am rejecting this response because:  The response from Harbortouch does not acknowledge the fact that the system provided by them did not work.  The contract we signed said we would be provided a functioning system; they did not do that.  Therefore, the penalty for cancellation should never have been charged against our account.  Furthermore, they missed our required delivery date (store opening date) and then provided inferior equipment.    This company should be shut down before it preys on some other small retail business.
Regards,
[redacted]

[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]
 Complaint: [redacted]
I am rejecting this response because:
Regards,
[redacted]

We are sorry to hear of the merchant’s dissatisfaction with
Harbortouch’s products and services. 
Harbortouch values each merchant it serves, realizing that exceptional
customer service is just as important as competitive pricing and...

innovative
products.  We take the loss of a
customer’s business very seriously and, if given the opportunity, will do
whatever we can to make you a satisfied Harbortouch customer.There are two distinct contracts that the merchant entered
into with Harbortouch as described below.
1.         Merchant Transaction Processing
Agreement
On February 4, 2014 the merchant entered into a Harbortouch
Merchant Transaction Processing Agreement (“Processing Agreement”). The
Processing Agreement governs the terms and conditions whereby Harbortouch
agreed to provide the merchant’s business with processing services for
credit/debit card transactions. The Processing Agreement consists of the
Merchant Application and the Terms and Conditions, together with its addenda,
attachments and schedules.  A copy of the
Merchant Application is attached. The merchant received a copy of the Terms and
Conditions prior to signing the Merchant Application. However, you may also
access the Terms and Conditions at www.harbortouch.com/terms.  The Processing Agreement is for a three (3)
year term and automatically renews for consecutive two (2) year periods.
2.         Point of Sale Service Agreement
On January 31, 2014, the merchant entered into a Harbortouch
POS System Service Agreement (“Service Agreement”). The Service Agreement
governs the terms and conditions whereby Harbortouch agreed to provide the
merchant’s business with a POS system, at little to no upfront cost, based on her
commitment to a five (5) year agreement for support service based on a monthly
fee and other applicable charges. The Service Agreement consists of Exhibit A
and the Service Agreement’s terms and conditions. A copy of the Service
Agreement is attached.
·        
The merchant agreed to the Terms and Conditions
of the Service Agreement by signing the Personal Guarantee (see page 2);
·        
Section
4.5 Exclusive Credit Card Processing explains the terms of the agreement that
 the merchant agrees to exclusively use
Harbortouch processing services;
·        
We refer the merchant to Section 4.4 Merchant Security of the Service Agreement
 …Merchant
waives any claims hereunder against Harbortouch…. …, or as a result of any
unauthorized access to the merchant’s systems…
…Harbortouch further disclaims any responsibility or
liability for problems resulting in or related to merchant’s decision to use a
particular internet service provider or related to its ability to connect to
the internet.
On October 27, 2015 Harbortouch offered the merchant a phone
based terminal VX520 for times when the internet service goes down.    
If the merchant chooses to cancel, the Processing Agreement
and the Service Agreement have applicable early termination fees (ETFs) in
accordance to the Terms and Conditions of the Agreements.  
I encourage the merchant to contact
our Account Resolution Manager at ###-###-#### to assist with obtaining
the [redacted] terminal or make arrangements to return the equipment.
Nothing
contained herein should be deemed an admission or waiver of Harbortouch’s
rights under applicable law. Harbortouch expressly reserves all of its rights,
remedies and defenses in law or in equity.
Legal Group
Harbortouch

The system was installed at this customers location on 5/27/14. There were some minor issues reported such as mouse not working however we were not given time to correct as the location was busy. On 6/2 the merchant refused any help and just wanted to cancel the contract and that state has existed...

since. The merchant has not allowed us ample time to rectify any and all issues. This is not a breach of contract on Harbortouch as we have attempted to correct however were not given the proper access or chance to resolve. Harbortouch is and has been asking for the ability to help this merchant however that has been refused and the termination is just being requested. Again Harbortouch is not in breach thus the waiving on the cancellation is not an option. The option still stands as it has for Harbortouch to work on the system and correct the minor issues that have been reported, however we need the cooperation of the customer in order to proceed.

We are sorry to hear of the...

merhcant's dissatisfaction with Harbortouch’s products and
services.  Harbortouch values each
merchant it serves, realizing that exceptional customer service is just as
important as competitive pricing and innovative products.  We take the loss of a customer’s business
very seriously and, if given the opportunity, will do whatever we can to make
your client a satisfied Harbortouch customer.
After a detailed review of the merchant account Harbortouch will  write off the balance in collections. The merchant has no further obligation to Harbortouch. 
Legal Group
Harbortouch

The account was never declined or rejected but was merely put on hold to obtain more information. That information was returned by the sales rep and the account subsequently opened and all terminal files built on 2/14. On 2/19 there was a call from our account maintenance team and a welcome call was...

performed. At which time information was verified by Justin. The account is open and valid per the contract. All fee's related to said contract are completely valid, and if the merchant wishes to cancel, they may do so but the penalties outlined in the signed contract would apply. Harbortouch has done no wrong and processed the application/contract as normal.