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:They are still saying the two separate companies are one and the same and debt owed by one company is assumed by the other.  They are not.  I understand they have the right to collect the debt by contacting the guarantor.  They did not do this.  They took payment from a company that did not owe the debt.  ** [redacted], LLC (DBA [redacted]) is an independent separate company from [redacted] Restaurant, LLC ([redacted]).  Two different tax ID's and two different sets of owners and two separate LLC's.  They breached the contract by not depositing credit card sales generated by [redacted] as agreed upon in the contract.  ** [redacted], LLC will be contacting the Attorney Generals office as our next step.  
Regards,
[redacted]

The merchant is being offered the chance to settle this complaint and his complaint with our company by providing the 3 forms of identification. This is a requirement and policy to ensure that sensitive information pertaining to a merchant account as well as the individual owning such accounts is protected and not subject to fraudulent activity. Please provide the requested information as laid out on the response form the merchant has provided with his complaint to the outlined group necessary to advance. Once that information is provided Harbortouch will as stated in the letter help to the best of our ability.

We aredisappointed to hear ofMr....

Kummerle’sdissatisfaction 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. 
On March 29, 2013, Mr. Kummerle entered into a Harbortouch
Merchant Transaction Processing Agreement (“Processing Agreement”).  The Processing Agreement governs the terms
and conditions whereby Harbortouch agreed to provide Mr. Kummerle’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.  Mr.
Kummerle received a copy of the Terms and Conditions prior to signing the
Merchant Application.  However, he may
also access the Terms and Conditions at www.harbortouch.com/terms.  The Processing Agreement has a minimum three
(3) year term and automatically renews for successive two (2) year
periods.  Please see the Terms and
Conditions Section 4 Term of Agreement.
All
fees and charges incurred are valid in accordance to the Processing Agreement
inclusive of the Terms and Conditions.  
Harbortouch requires cancellation requests in writing.  We will not cancel a merchant’s account with
a phone call.  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.
Harbortouch will close the
merchant’s account and will issue six (6) months credit to the merchant
totaling $394.00 as follows:
01/2015- $25 Monthly Minimum
$11 service maintenance fee
       
    - $178 RCF 
12/2014-$25 Monthly Minimum $11
service maintenance fee
11/2014- $25 Monthly
Minimum $11 service maintenance fee
10/2014 -$25 Monthly Minimum
$11 service maintenance fee
09/2014- $25 Monthly
Minimum $11 service maintenance fee
08/2014- $25 Monthly
Minimum $11 service maintenance fee
Harbortouch
will be sending the merchant a shipping label to return the processing
equipment at no charge to him.  We ask the
merchant to please return the equipment as soon as possible to prevent
additional charges to his account.
Legal Group
Harbortouch

We are sorry to
hear of [redacted]’s dissatisfaction with the products and 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.
Therefore, I
encourage [redacted]’s to contact Harbortouch technical support at
[redacted] with any issues or questions concerning his POS and processing
equipment.  This is our 24/7 technical
support number and will bypass the standard menu options to connect you
directly with our technical support department.   I will have a technical support person reach
out to [redacted]’s to discuss his concerns.
Should [redacted] have any other issues or questions that need to be addressed I direct him
and encourage him to contact our customer support at [redacted]. 
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.

Harbortouch recognizes that [redacted] has been a valued and
loyal customer.
face="Times New Roman">We are sorry to hear of [redacted]’s business closure.  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.
On March 21, 2006, [redacted] entered into a Harbortouch
Merchant Transaction Processing Agreement (“Processing Agreement”).  The Processing Agreement governs the terms
and conditions whereby Harbortouch agreed to provide [redacted]’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.  [redacted]
received a copy of the Terms and Conditions prior to signing the Merchant
Application.  However, she may also
access the Terms and Conditions at www.harbortouch.com/terms.  The Processing Agreement has a minimum three
(3) year term and automatically renews for successive two (2) year periods.  Please see the Terms and Conditions Section 4
Term of Agreement.
Harbortouch does not offer month to month Agreements.
Harbortouch requires cancellation requests in
writing.  We will not cancel a merchant’s
account with a phone call.  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. 
Nevertheless, in an effort to resolve
this matter amicably, Harbortouch will accept [redacted]’s complaint as a
sufficient writing indicating her desire to terminate her Harbortouch Merchant
Account. Therefore, Harbortouch will close [redacted]’s account, without penalty.
[redacted] owes Harbortouch no further financial obligation.
Legal Department
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:
While I appreciate Harbortouch's effort to negotiate a lower ETF, I don't think it is fair for my business to pay an ETF for a system that never worked.  In Harbortouch's response, they included a string of emails between [redacted]s Manager, and the tech support folks at Harbortouch.  The Rep states that he tried to talk to Jared (the manager), and that Jared did not want help.  Actually, the rep failed to call Jared at the predetermined time.  Instead, the Rep called in the middle of the afternoon on a Friday (our busiest day of the week).  Of course Jared could not discuss the problems or troubleshoot the problem at that point; he was too busy with customers.  
In Harbortouch's responses, they have said several times that they would like to resolve the problem, and that they would still like to get the system up and running.  I would love for this to happen, (I did put a lot of time into collecting the needed info to program the system, to begin with), but it is not something that can be done over the phone; there were too many problems with the system.  If Harbortouch does not want to completely dismiss the ETF, I propose that they send a highly qualified technician to re-unpack the system, get it completely up and running, and make sure it is 100% working before they leave the store.  I think the failure to do this in the first place is the biggest problem with Harbortouch's product.  As I stated in a previous complaint/response, the original person who came to set up the system stated that he had never set up such a system before, and did not really understand how to do it.   
If Harbortouch can commit to sending an experienced, highly qualified tech to stay with us until the system is working 100%, we would be receptive to that.  However, we are not receptive to paying any ETF for a system that we were unable to ever use.  
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:
This is the FIRST I've ever heard of me being in a 3-year contract. Despite my repeated questioning regarding such matters I was never told of such a contract. I am a new business that sell Snow-Cones and operates seasonally. I would NEVER enter into such an agreement as I live in Northern Nevada and it is only warm enough to sell snow-cones May thru August. This is the EXACT type of questions I asked the sales person Anthony M[redacted]. I was told there was 3-year contract but it was for those who agree to take their high dollar POS equipment, NOT the phone swiper that the size of a quarter and plugs into my phone. I have the emails to prove it and this company was purposefully vague in explaining such any commitment despite my repeated questioning.
Regards,
[redacted]

As stated in previous rebuttals, Harbortouch has a signed contract with all underlying documentation proving the validity of the account. At this point the complaint is based of hearsay of the customer, however the supporting documentation proves otherwise. Documentation as well that was provided to the Revdex.com in response to a previous rebuttal.

There is nothing left to say here.  Harbortouch still refuses to acknowledge the fact that they left me without service and therefore invalidated their own contract.  They pursue blackmail tactics with collection agencies to try to squeeze money out of people that is not owed.  I will be going to the attorney general at this point along with multiple review sites and whatever media will pick up my story.  They picked the wrong guy to try to bully and it is clear that I must continue to waste my time and energy on fighting this corporate greed because who knows how many others have silently paid their blackmail just to get them off their backs.  It ends with me.

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.
On May 28, 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. 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 an initial three (3) year term and will
automatically renew for consecutive two (2) year terms (Please see Section 4 of
the Terms and Conditions).   
4. TERM OF AGREEMENT:
4.1 The initial term of this AGREEMENT shall be for three (3)
years (“INITIAL TERM”) commencing on the date this AGREEMENT is approved by
BANK or approved and uploaded by BANK’s Risk Department.
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.
I refer the merchant to Section 18 of the Merchant
Transaction Processing Agreement for details about applicable early termination
fees.
·        
The ECR unit provided to the merchant does not
currently have the capability of printing EBT balances on customer
receipts.  This is an ECR manufacturer
setting which Harbortouch has contacted for a solution/resolution and is awaiting
a response. 
·        
In the meantime, Harbortouch has offered the
merchant a stand-alone [redacted]/[redacted] terminal that would provide the capability
of printing the EBT balance on receipts along with EMV protection.
·        
The merchant has refused the solution proposed by
Harbortouch or until the manufacturer response is received.
If the merchant still chooses to terminate his merchant
account the applicable early termination fees will charged to his merchant
account.  The merchant should contact
customer service at ###-###-#### for the required cancellation forms.
Legal Group
Harbortouch

Harbortouch recognizes that Mr. [redacted] has been a valued and
loyal customer.
Roman" size="3">
We are
disappointed to hear of Mr. [redacted] 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
Mr. [redacted] a satisfied Harbortouch customer.
Harbortouch requires cancellation requests in writing.  We will not cancel a merchant’s account with
a phone call.  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.  Harbortouch customer
service has forwarded a cancellation form to the merchant on January 23, 2015
and are waiting for receipt of the form signed by Mr. [redacted]. 
Upon
our receipt of the completed cancellation form we will close the merchant’s account.
  Harbortouch will close Mr. [redacted] account, without penalty.  Mr. [redacted] owes
Harbortouch no further financial o
Legal Group
Harbortouch

Harbortouch provided the merchant with an explanation for the 28%
withholding on his account which he referred to in his initial complaint.  The explanation is to inform the merchant
that Harbortouch is in compliance with the IRS in accordance with Section
[redacted].
The contact information we have on record is what the merchant provided to
Harbortouch when the merchant account was opened.   Harbortouch used this information in its
attempt to reach the merchant multiple times via telephone and email.
It is the responsibility of the merchant to provide updated accurate
contact information on their merchant account.
I am attaching a copy of the Merchant Transaction Processing Agreement and
an email correspondence to the merchant dated January 2, 2015. 
Legal Group
Harbortouch

[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. 
As for the equipment, I did return it, not using the RMA that they sent to me to late. But did use [redacted] and have tracking numbers on all but one and that one went by US Postal Service, however after speaking to James for Habortouch and him stating that there were some boxes in warehouse that had been credit to our account. we still got charged for 2 machines that Habortouch should have in their possession
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:  For starters the attachment is NOT even my place of business.  On another topic in regards to batching it was your employee / representative who installed our machines and set them up.  You put money INTO my account and took it out.  The customer DID NOT request/rebuttle their swipe of the card.  Be responsible for your representative and YOU pursue the customer.  I pay 4 your services, now provide them.  I have been VERY patient during the process and have done without funds, now it's time to make things right. I am still currently with your services, "do the right thing"
Regards,
[redacted]

The merchant contacted Harbortouch customer service on
7/27/2015 indicating his business was closing as of 8/1/2014 and he will no
longer require our services.
On 7/27/2014 a requested cancellation form was generated by
Harbortouch for signature by the primary owner of the account.
Harbortouch never received the requested form from the
merchant.
The merchant stopped processing credit/debit transactions in
August of 2014. If a merchant is inactive for ninety (90) days and is not a
seasoned merchant the account will be terminated.  I refer the merchant to Section 5.3(J) of the
Terms and Conditions.
5.3 In order to protect
the ASSOCIATIONS and BANK, BANK may terminate this AGREEMENT effective immediately
for any of the following reasons:
J. if MERCHANT is
inactive for ninety (90) days and is not a seasonal MERCHANT
Harbortouch customer service received a cancellation request
letter dated 12/19/2014. Subject: 
Cancellation of Service.  The
merchant indicated that he ceased using our merchant services in September
2014. (Merchant did not process since July 2014 and with prior indication from
merchant that his business was closing 8/1/2014.)
12/23/2014 the merchant account was closed in our database. An
early termination fee of $250 was applicable in accordance to the Processing
Agreement inclusive of the Terms and Conditions.
1/26/2015 the merchant account was charged an RMA fee of
$844 for non return of the equipment. Please see the Terms and Conditions regarding
the ECR Program for further details.
2/5/2015 Harbortouch received the returned equipment from
the merchant.
On 2/6/2015 Harbortouch issued the merchant a refund of $844
for return of the equipment (beyond 30 days of termination as explained in the
terms and conditions). 
All remaining
fees and charges are valid in accordance to the terms and conditions. 
No further
refunds will be issued.

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 agreements: 
A.        Merchant Transaction Processing
Agreement
On December 7, 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. 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.  (See Section 4 and 5 of the Terms and
Conditions for details regarding term of agreement and termination.)
B.        Point of Sale Service Agreement
On December 7, 2015, the merchant entered into a Harbortouch
Elite POS System Service Agreement (“Service Agreement”). The Service Agreement
governs the terms and conditions whereby Harbortouch agreed to provide your
client’s business with two (2) Elite POS systems, at little to no upfront cost,
based on his commitment to a three (3) 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.
On February 1, 2016 the POS System was installed at the
merchant’s business location; please see the attached Install Sheet dated
February 1, 2016. On the day of installation training was offered via webinars
for the owner and employees at convenient times 24/7. The merchant never took
advantage of the free training services offered. 
Additionally,
Harbortouch provides our merchant customers with POS Systems, at little to no
upfront cost.  This includes all of the
necessary hardware, software and installation of the equipment.  We then support our merchants by offering
24/7 customer and technical support.  We
do this strictly in reliance on a merchant’s commitment to enter into the three
(3) year Service Agreement.  If a
merchant terminates its commitment prior to the end of the contract, we suffer
substantial financial losses. Therefore, we are extremely vested in the success
and financial viability of our merchants. 
Regarding
the processing of chip cards, Harbortouch can provide the merchant with a [redacted]
and [redacted] credit/debit card terminal that are EMV compliant.   
The
merchant can ship the POS System equipment to Harbortouch Payments, LLC,
2202 N. Irving Street, Allentown, PA 18109 (provide Merchant Account ID inside
carton(s). 
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.
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

I would like to clarify the
following:
The Terms and Conditions
are Copyrighted 2011 as stated on the cover page of the document itself.
The 2013 date you
are referring to is the date the file was saved on a computer and not the date
of the actual document.
Therefore, the
document is copyrighted the year prior to your signing the contract, the Merchant Processing
Agreement on 1/2/2012.
We will offer to lower the
amount owed to $250.00 as our final attempt to resolve this matter.

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.
On March 31, 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 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.
After a detailed review of the merchant account, Harbortouch
has determined that the merchant first contacted Harbortouch of his disapproval
of rates on February 5, 2016.  Therefore
all fees and charges prior to that date are valid in accordance to the
Processing Agreement inclusive of the Terms and Conditions, together with its
addenda, attachments and schedules. 
Harbortouch is willing to reduce the rates for the
merchant.  I encourage him to contact
customer service at 800.201.0461 to discuss rate reductions on his
account.   
IC Plus to 10 BP & $.10.; Batch fee to $.20; and Service
fee to $5.00
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.
 
Harbortouch
Legal Department

The account number provided below does not list any of the information the customer is claiming. I have nothing on this account in collections and in fact do not show any records of us actually having a terminal on file. The account was setup as a stage only file which basically means we provide the...

means for the customer to process through us. We did not actually supply the equipment. The Sales off of [redacted] may be the party in which this complaint is best suited as Harbortouch only serviced the back end of this account and all billing would of been done through that ISO group.

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.
On April 5,
2013, [redacted] entered into a Harbortouch Merchant Transaction Processing
Agreement (“Processing Agreement”).  The
Processing Agreement governs the terms and conditions whereby Harbortouch
agreed to provide [redacted]’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.  [redacted] received a copy
of the Terms and Conditions prior to signing the Merchant Application.  However, she may also access the Terms and
Conditions at www.harbortouch.com/terms.
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 October 17,
2014 at which time her merchant account was closed in our database.  No
further fees will be charged to this merchant account.
Harbortouch has
waived the ETF of $250.00 for closure of her account (ETF terms in Section D7 of Merchant Application and Section 5 of Terms and Conditions). The monthly processing service fees that have
been charged until our receipt of her written notice of cancellation in October
2014 are valid in accordance with the Processing Agreement inclusive of the
terms and conditions.
Harbortouch Legal Department