Harbortouch

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

[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:not one person has contacted me about what is going on. I have called customer service, and I always get the same answer of "we will contact you,". I have never been contacted, if I had been I wouldn't be dealing with Revdex.com. 
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: i reject the response due to my issue not being about the contract, this is not being debated. I have an issue with the misrepresentation of the agreement verbally and the deception perpetrated against me through the company's sales agent. other issues addressed in my initial complaint were not my primary concern although they are of a serious nature as well. the company keeps repeating the same statement to me as they have written in their response. but, in my view that is no excuse for intentionally deceiving someone.
Regards,
[redacted]

1.     Merchant Transaction Processing Agreement Rates
**.
[redacted] entered into a Harbortouch Merchant Transaction Processing
Agreement (“Processing Agreement”) on January 13, 2014. The Processing
Agreement consists of the Merchant Application and the Terms and
Conditions, together with its addenda, attachments and schedules. The
Merchant Application lists the rates and fees upon which **. [redacted]
agreed to process credit and debit card transactions during the term of
his Agreement. The rates and fees of which **. [redacted]’s merchant 
account is being charged are consistent with the Processing Agreement.
2.  Additional Equipment
**.
[redacted] was provided with all equipment that he ordered and was listed
on the Processing Agreement. If he is in need of additional equipment,
Harbortouch is willing to provide that to him. **. [redacted] should contact
Jason Crocker, Director of Merchant Support at ###-###-####
for assistance.
3. Termination Fee
The
Processing Agreement has a minimum three (3) year term. **. [redacted] is
welcome to terminate his agreement with Harbortouch subject to the
termination provision of the Processing Agreement. Specifically, Section
13.20 of the Processing Agreement (as amended by Section 42 of the
Addendum to the Terms and Conditions) which states:
13.20
Early Termination Fee. If this AGREEMENT is terminated early either
during the INITIAL TERM or any RENEWAL TERM for any reason other than
set out in Section 5.1, 5.2.A or 5.2.B, MERCHANT agrees to pay an early
termination fee (“EARLY TERMINATION FEE”) equal to the greater of $250
or $35 multiplied by the number of months remaining in the then-current
term, in addition to all other amounts MERCHANT owes. MERCHANT agrees
that the EARLY TERMINATION FEE is not a penalty, but rather is
reasonable in light of the financial harm caused by MERCHANT’s early
termination. Notwithstanding the foregoing, the early termination fee
will not exceed the maximum amount set forth by applicable law.
Harbortouch
values each merchant we serve, realizing that exceptional customer
service is just as important as competitive pricing and innovative
products. We are willing to work with **. [redacted] in order to make him a
satisfied Harbortouch customer. If, however, **. [redacted] wants to proceed
with cancellation he is welcome to do so, in accordance with the terms
and conditions of his agreement. To discuss this matter further, **.
[redacted] may contact **. [redacted] at ###-###-####.

[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:I understand what they are saying .But I haven't heard anything from Harbourtouch where they are trying to help me.  I would love to talk to Mr. L[redacted] but when I call him at 214 783 9254 you have to leave a message which I have left many  but I don't get a call back.  Since the machine that I bought was shipped from Harbortouch  [redacted] Pa  [redacted]....Phone # [redacted]..You would think that if I sent it back to them and get a refund  they could deal with Mr. L[redacted]....Again Mr. L[redacted] sold me a machine that I can't use this is Fraud...You are the parent company I would think that you would do a better job hiring honest and trust worthy employees....I am a [redacted] and [redacted] dealer if I treated my customer wrong...[redacted] and [redacted] would make sure that I got the problem taken care of..Again I would love to direct my complaint to Mr. L[redacted]  Iam in Illinois and he is out of St peters Mo. a good Hour and half drive . So you people at Harbortouch tell me how to get my money and I will be happy to leave you alone...Thank you and have a great day.....[redacted]
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]
English as my second language I got riff off from them,. I never call to sign any contact from Harbortouch . I signed all papers work from JASON P** (his phone ###-###-####) and JAY S[redacted] they are came to my salon offering  MONTH TO MONTH contract with no cancelation fee. After signing the contract on 5/27/2014 they did not provide any copy of the contract to me to review until Harbortouch send it to me as requested on 10/15/2014 ( more than 4.5 months after signing contract ) if i have the interpreter I can explain every thing better.
Harbortouch just provide a part of a the contract not the whole thing I signed for, I called to ask Jason P** provide me 1 page of the contract to show MONTH TO MONTH. it's including with this letter , I expect Habortouch call Jason P** to verify and waive the cancelation fee as a part I singed for went with the contract. The saleman Jayson p** told me if  some reason I do not happy with it, just closing my bank account ( account provided to Habortouch) then contract will cancel automatically without pay anything . Then I closed my account and now it created some more fee in my account. I never receive any bill from Habortouch so I did not know. Habortouch just send statement to email [redacted] in their file, that is not my email. this was fill out by Jason P** and all the other part of the contract. I could not read all very small printed in the contract but whatever term and promised when I singed my co worker heard and can be for the witness for it.

I
am 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.
Merchant
Transaction Processing Agreement
 On March 23, 2012 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. 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 terms.  Please see Section 4 and 5 of the Terms and
Conditions.
Point of Sale Service
Agreement
On August 21, 2013, 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
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.  I refer the merchant to Sections 4.5, 8 and 9
of the Service Agreement Terms and Conditions for further details regarding
termination of the Service Agreement. 
Regarding the claim that the documents are forged, it is
Harbortouch’s policy to require three (3) forms of identification to determine
the validity of the merchant’s signature in comparison to the documents in our
file.   I encourage the merchant to
contact our Account Resolution Manager at ###-###-#### to provide
three forms of identification to verify the merchant’s signature. 
Furthermore, Harbortouch procedure with new merchant
accounts is to verify information provided on the agreements.  Harbortouch validates information provided with
merchants prior to the completion of account setup and before shipping
processing terminals and POS equipment. 
The merchant processed extensively since March 2012 and
utilized POS services since August 2013 without any prior indication the
contracts were fraudulent.  The merchant
benefitted from Harbortouch services provided over the course of three years
processing hundreds of transactions for both of his merchant accounts.
Should the merchant choose to cancel both agreements then early
termination fees will be applicable for the Processing Agreement and for the
Service Agreement in accordance to the Agreements and the Terms and
Conditions.   I encourage the merchant to
contact our Account Resolution Manager 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

This merchant's account has been escalated to a management team that has been work extensively to resolve the issues.  At this point in time, the matter is nearing resolution.
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: The shipment was refused on January 2. They drafted our account on Dec 31, 2014 and would not answer or return a phone call until January 6. Their reasoning was it was the holidays. They debited funds from us before the equipment even arrived. We will not pay the $250. We wish we never even heard of Harbortouch. The salesperson that originally contacted us, Mary Rodriquez, has never returned a phone call. They should have never shipped a product if they were going to be completely shut down for the holidays. Our business is 24/7 and they are not able to answer a phone call? When they could not answer our questions, they failed to live up to their end of the contract. I owe them nothing. They have never done any processing for our business so the contract was never executed, again I owe them $0.00.
Regards,
[redacted]

The fax was sent to [redacted] on 7/16 to remove the derog. The case is with [redacted] and the time it takes [redacted] to remove the DEROG.

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.
Harbortouch
requires cancellation requests in writing.  We will not cancel a
merchant’s account with a phone call.  Harbortouch understands the
disruption of cancelling processing services to a merchant can have detrimental
consequences to the merchant’s business activities.  Therefore,
Harbortouch’s policy is to have all cancellation notices in writing to verify
the request with the authorized party(ies) on the account and to ensure the
request is the desire of the merchant. 
In
[redacted]’s circumstance, Harbortouch did not receive the written request
until July 2014 at which time her merchant account was closed in our
database.  
In
accordance with the Processing Agreement inclusive of the Terms and Conditions,
together with its addenda, attachments and schedules the processing equipment
is not free and is provided for the use of our processing services.  The
Terms and Conditions, Section titled “FT Program” explains the details and can
be accessed at www.harbortouch.com/terms. 
Upon Harbortouch’s receipt of the equipment, we will refund the merchant’s
account for $450.00 for the returned equipment, waive the restocking fee of
$75.00, and credit $36.50 for charges incurred in June 2014 as explained by
Harbortouch customer service. 
Harbortouch
Legal Department

As stated in Harbortouch's previous response, this merchant was under contract with Harbortouch. The merchant incurred a valid charge under the terms and conditions of the agreement, which the merchant did not pay. All supporting documentation and appropriate contact information has been sent via hardcopy to the merchant's address. In the event, the merchant wishes to continue to dispute the charge, she may contact Harbortouch directly.

The transaction in question is not through Harbortouch but between the independent salesman Mr L[redacted] and the customer a hand. Mr L[redacted] would need to be the direction of this complaint. However Harbortouch wants to assist in all means and we will internally communicate with Mr. L[redacted] as well to help...

correct this issue. However again, the issue at hand is misdirected and should be directed at Mr L[redacted] who is part of an Independent Sales Organization.

DONT DO BUSINESS WITH. Nothing but hidden fees, confusing credit card transfers, if you have a problem you can be on hold for an hour before its fixed so your customers will be mad. Transactions disappear. Cant understand customer service and all they do is transfer you around. BEWARE!

[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:I am so glad this is your final response because I'm really tired of detailing the ways you are continuing to rip off consumers. Once again, the disputed has nothing to do with us as a merchant, the dispute has to do with you holding funds, not from us, but from consumers.  I sincerely hope that these responses are published under public record with the Revdex.com so that others are aware of your business practices of withholding funds from CUSTOMERS as well as the merchant. Hopefully others will be forewarned against using your services. 
Regards,
[redacted]

I'm not exactly sure what the complaint actually entails, but I do see a $2k sale that was held for customer verification. If that is indeed the cause of this complaint, the hold was due to the amount and being over the approved max amount. Harbortouch in those cases to protect both itself and the...

merchant will call and verify with card holders bank for legitimacy. In this case it looks like that has been resolved and the money was settled to merchant.

[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]

The additional rate increases
are in compliance with the Card Associations. 
Please refer to Section 3.2 of the Terms and conditions.
In this final response,
Harbortouch reiterates is position as stated in its prior responses.
Legal Group
Harbortouch

On January 6, 2012 the merchant entered into an [redacted] Merchant
Transaction Processing Agreement (“Processing Agreement”). Harbortouch has full
corporate authority to act on behalf of [redacted].  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. 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 initial term of the Processing Agreement
is for three (3) years and renews automatically for consecutive two (2) year
terms.  Please see Section 4.2 from the
Terms and Conditions regarding the terms.
4.2 At the
expiration of the INITIAL TERM, this AGREEMENT will automatically renew for
successive two (2) year periods (“RENEWAL TERM”) unless terminated as set out
below.
In order for a merchant to
continue receiving credit/debit card processing services, the merchant is
required to have an active contract whether it is in the initial term or a
renewal period. 
·        
On 1/20/2015 the
merchant contacted customer service indicating the need to upgrade their
processing terminal.  Harbortouch offered
a one time courtesy by lowering the cost of the replacement terminal and the
merchant agreed to continue processing with Harbortouch.
·        
On 8/18/2015
Harbortouch received the Seasonal Hold Activation form signed and dated 8/12/15
from the merchant.  Please see Step 3. 
On 9/14/15 the merchant contacted customer service to cancel
the merchant account. 
All processing fees and charges are valid in accordance with
the terms and conditions of the Processing Agreement. An early termination fee
of $250 will be applicable. 
Legal Group
Harbortouch

Harbortouch has closed the merchant account in our database on January 21, 2015 and have written off the remaining balance of $228.00 in collections.