Harbortouch

We
are
size="3">disappointed to hear ofMr. [redacted]’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 August 11, 2009, Mr. [redacted]s entered into a
Merchant Transaction Processing Agreement (“Processing Agreement”).  The Processing Agreement governs the terms
and conditions whereby Harbortouch (f/k/a [redacted]) agreed to provide Mr.
[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.  Mr. [redacted]s 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.
Harbortouch
received the merchant’s written cancellation request and subsequently closed
the merchant’s account in its database on February 26, 2015.   An early termination fee is valid in
accordance to the Processing Agreement inclusive of the Terms and
Conditions. 
The ETF has been reduced to
$150.00. 
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] to contact
Harbortouch directly if anything can be done to retain her business.
[redacted] verbally requested
termination of her Harbortouch Merchant Account on August 27, 2014. In
accordance with the Harbortouch Merchant Transaction Processing Agreement and POS
System Service Agreement, Harbortouch requires all cancellation requests to be
submitted in writing. Although, Harbortouch sent [redacted] cancellation
forms, [redacted] did not return signed copies of these forms to Harbortouch.
Therefore, [redacted]’s Harbortouch Merchant Account remains open.
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.
Harbortouch
Legal Department

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.
Ms.
Guest entered into a Merchant Processing Agreement on 1/2/12 with [redacted] 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 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 from the merchant dated
2/6/2014 of her request to cancel her processing account and an early termination
fee of $350.00 (10 months x $35) was applied for the remaining months on your account.  A remaining minimum processing fee of $25.00
remained unpaid.  These charges were
rejected and NSF fees were applied totaling $75.00.  Harbortouch has forwarded the account to an
outside collection agency. 
In order to
amicably resolve this matter, and in consideration of your position, it is
suggested that you pay $100 to Harbortouch ($25 minimum + $75 NSF fees), and reopen your account, then
process until 12/4/2014.  On 12/4/2014
your contract would be over and you would just submit a written request to
Harbortouch to close your account.

[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:We never entered into any agreements with Harbortouch. We signed an agreement with [redacted] and that company got sold. We started a cancellation when this account was with [redacted] and it was never processed. After the Harbortouch acquisition we called again and stated that we were not a Harbortouch customer and again wasn't provided with assistance to cancell it... It was on 2014 when we started it only to find out that Harbortouch was going o charge us for cancelling it at that point in excess of 500.00 dollars. Harbortouch has never sold or rented us any equipment. Harbortouch has never sold or rented us any office supplies. We never signed up with Harbortouch , we will not follow thru with a cancellation that states that we have a cancellation fee when we never signed any documents with Harbortouch.
Regards,
[redacted]

On June 4, 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 Transaction Processing Agreement (“Processing Agreement”) is
attached.  [redacted] received a copy of the Terms and Conditions prior to
signing the Merchant Application. However, you may also access the Terms and
Conditions atwww.harbortouch.com/terms.
On June 4, 2013, [redacted] also entered into a Harbortouch
POS System Service Agreement (“Service Agreement”). The Service Agreement governs the terms and
conditions whereby Harbortouch agreed to provide [redacted]’s business with
free POS systems based on his commitment to enroll in 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.
Both the Service Agreement
and Processing Agreement have early termination fees that apply.
The amount of $7,903.19 the merchant is disputing was for 2
duplicate credit charges on 10/14/14 in the amounts of $3,951.60.  These charges did not have cardholder
authorization.   Due to the excessive
amount of chargebacks the merchant’s account was closed by Harbortouch in
accordance with the Terms and Conditions Further information regarding
chargebacks is detailed in Terms and Conditions.
Due to the chargeback activity, on October 21, 2014 written
notice was provided to the merchant informing him that his business does not
conform to the Harbortouch underwriting guidelines.
Harbortouch will contact the merchant to provide shipping
supplies for the return of the equipment. 
Harbortouch
Legal Department

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
a customer’s complaint very seriously and, if given the opportunity, will do whatever
we can to satisfy Harbortouch customers.
[redacted]
signed a Merchant Processing Service Agreement on 6/25/14 (copy attached).  The rates applied on the merchant’s account
are per section B2 of the merchant application.  The rates on the
application would take precedent over any verbal agreement made between the
sales rep and the merchant.  Harbortouch did not receive a call from the
merchant until September 8, 2014 advising us they were upset about the
rates.  On the other hand the sales rep did take proactive steps to adjust
the rates on the account. On July 1, 2014 he reduced the rates on the
account.  On August 6, 2014 the sales rep reduced the rates again. 
Unfortunately, before Harbortouch could make a major impact on resolving the merchant’s
situation they requested cancellation.
All fees,
including processing, service and ETF ($50.00 in accordance with Arkansas law
regarding ETF) have been charged 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.  The Termination fees are described in the
Merchant Application Section D7 inclusive of the Terms and Conditions.    Sections 4 and 5 of the Terms and
Conditions reference the Term of the Agreement and Termination.  As a courtesy, a rate review was provided
twice during the approximate 3 month time period the merchant was processing
using Harbortouch processing services.
Harbortouch prides it’s self in
customer satisfaction, for matters such as this we can offer service of special
reps that reach out to our merchants to retain the merchant. We also have a
phone survey system and an email survey system that we use to combat any
negative experience a merchant may have.  In cases such as this one, to
provide the greatest satisfaction we attempt to price match.  The merchant
would submit their previous company’s statement into our customer support team
and we would attempt to match that price the best we could. 
In June the merchant’s processing
total rate was 2.02%, in July 1.87%, in August 1.91%, in September 1.97% by
industry standards these are great rates.  Harbortouch did not violate any
agreement made between the merchant and Harbortouch.  Per the agreement
made on June 25, 2014, Harbortouch did not over charge your merchant
account. 
Regarding any leasing contracts your
company would have to reach out to that company directly.  
We confirm that the
merchant sent the cancellation form to Harbortouch dated September 22,
2014.  The account has been closed in our
database on October 11, 2014.

[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:
As stated in my previous complaint, I do not have any other forms of ID's other than my driver's license which includes my address and signature. How many ID's can one have? Harbortouch is required by law under FACTA rules and regulations to send the information requested by a consumer if regarding identity theft. I do not believe I need to prove my identity any further as this request pertains to information on an account listed on MY credit file that I do not recognize. Regards,
[redacted]

mso-bidi-font-size: 12.0pt; mso-fareast-font-family: "Times New Roman";">We are disappointed to hear of Ms.
Ashcraft’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.
On
November 18, 2014, [redacted] entered into a Harbortouch Merchant Transaction
Processing Agreement (“Processing Agreement”). 
The Processing Agreement governs the terms and conditions whereby
Harbortouch agreed to provide Ms Ashcraft’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 contractual agreement between
the merchant and Harbortouch is the written Agreement signed and dated as
referenced above.  Any verbal agreement is superseded by the written
signed agreement.
It is not Harbortouch’s policy to
“..contact and close the other processors contract, and pay the contract fee
associated with breaking lease with other processor…”.
I have contacted the sales rep to
reach out to the merchant. 
Harbortouch has issued the merchant
a $50 courtesy credit which the merchant will see on her next billing statement.
Should
[redacted] have any other issues or questions that need to be addressed I direct
her and encourage her to contact our customer support at ###-###-####.  
Legal Group
Harbortouch

Absolutely love Harbortouch. The POS system makes my business run so much smoother and if we have any questions or problems they are quick to help or resolve them. Highly recommend them to any business.

On 4/1 [redacted] was acquired by Harbortouch, meaning the account is now serviced by Harbortouch. We will gladly extend our assistance to this merchant be we would need a clear understanding of what the merchant is inquiring about. There was a brief correspondence on 4/12 in which I have pasted said...

conversation below. The best and most efficient way to approach this complaint is to have a customer service representative contact the merchant in question directly to discuss and review rates. I will also personally compose and email to Independent representative on the account in order to fulfil the onsite visit. HOwever, please note that the sales offices are completely independent and purely sell our services. Any complaints regarding said individual should be directed to that individual. [redacted] via harbortouch.com Apr 12 (4 days ago)to customerservice So my contract was with [redacted]  - my batches are weird going into my account – my account rep [redacted] fell off the face of the earth, you want me to provide you with information that you supposedly purchase from [redacted] – the office number is ###-###-#### if that is what you go by  [redacted]   This email is free from viruses and malware because avast! Antivirus protection is active.Customer Service [email protected]:53 AM (0 minutes ago)to [redacted] Good Morning,Thank you for your email.  Can you please explain the issues you are having with your batches going into account with specific batch dates and amounts and we will be happy to look at this for you.-SeasonThank you,Customer ServiceHarbortouch[redacted], PA [redacted]Phone: ###-###-#### option 3 | eFax: ###-###-#### | [email protected] Please be sure to keep us informed of any email address updates and or changes THE INFORMATION CONTAINED IN THIS MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS NAMED ABOVE. If the reader of this message is not the intended recipient or any agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error, and that any review, dissemination, distribution or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail message or by telephone and delete the original message from your e-mail system and/or computer database

[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]

Harbortouch
reiterates all of its prior responses.
Any verbal agreement is superseded by the written signed
agreement.   The contractual agreement(s)
between the merchant and Harbortouch are the written Agreements signed and
dated as referenced above.  Below is Section 2 of the Merchant
Application (full signed copy previously provided).
Harbortouch
will hold funds for 180 days and at that time the account will be reviewed for
release of the funds. 
This is our final response.
Legal
Group
Harbortouch

This matter has been handled by our management team. 

size="3">
The merchant’s account was closed on 12/19/2014.
All charges in collection totaling $2,138.24 with outside
agency have been written-off as of 5/18/2015.
The merchant is still in possession of the ECR unit which
should be returned to Harbortouch as per the Terms and Conditions Section ECR Program 6 Return.  I am
attaching a shipping label for the merchant to return the equipment.
Legal Group
Harbortouch

[To assist us in bringing this [redacted]er 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] understands that Harbortouch wants to ensure the safety of its equipment and maintain a "virus free" technical environment.  With that being said, no where in our contract does it state the accessing websites and music was prohibited. To reiterate, [redacted], our sales rep assured us prior to signing our contract that accessing specific sites and music was not just a possibility, but was 100% doable. Without that assurance, we never would have signed with Harbortouch since that was a condition of us purchasing the system. You have now seen in our email correspondence that she has done this for other clients, was aware that it was a condition of us signing the agreement, and was completely unaware of Harbortouch's policy change. If Harbortouch was going to change their policy on this matter it should have been communicated to our salesperson and explicitly stated in our contract so we did not sign a 5 year agreement for an item that was unsuitable for our business. The facts remain that a HarborTouch sales representative sold the machine as a POS system that could also access the sites/music we needed and provided us with the password "[redacted]" to do so; thereby, doubly condoning the additional desktop capabilities. 
[redacted] is fully aware of the definition of a Point of Sales system. On the point that Harbortouch was a sound point of sales system for our company, we are not confident that that is the case. Harbortouch offered us a comprehensive online reporting system called LightHouse whose reports never matched those that were taken directly from the POS. There was no way to determine which sales reports, whether taken from Lighthouse or directly from the POS, were accurate since no HarborTouch employee was able to decipher the problem with their so called "elite software." As such, we cannot be sure that any sales reports we received from our POS were ever representative of our restaurant's true sales.
[redacted] used Harbortouch for 4 short months of a 5 year contract.  We truly feel that a full refund is what we are due since the system was sold in a manner not congruent with the technological aspects of the machine ; but, in an effort to put this issue to bed, we are willing to accept a $2500 refund settlement. $1000 is unacceptable. 
Regards,
[redacted]

We are sorry to hear of Mr. [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 10, 2009, Rajan [redacted] entered into a
Harbortouch Merchant Transaction Processing Agreement (“Processing Agreement”). 
The Processing Agreement governs the terms and conditions whereby
Harbortouch agreed to provide the Mr. [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.  Mr. [redacted]
received a copy of the Terms and Conditions prior to signing the Merchant
Application.  However, Mr. [redacted] may
also access the Terms and Conditions at www.harbortouch.com/terms.  The Processing Agreement has a three (3) year
term and automatically will renew for successive two (2) year periods unless
terminated as per the Terms and Conditions – Section 5 Termination of
Agreement.
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 has not
received the merchant’s written cancellation request.
12/30/2014
- Merchant contacted Harbortouch requesting that his account be cancelled.
1/21/2015
- Merchant called to cancel his account.
1/23/2015
- Harbortouch generated a cancellation letter to be sent to merchant for
completion, signature and return.
1/29/2015
- Cancellation form was sent to merchant via email (same email address as
referenced in this complaint).
1/29/2015
-  Merchant called stating he did not
receive the cancellation form.  Form was
resent to merchant via email and fax.
1/30/2015
- Follow up call to merchant Re: 
cancellation forms.  Forms were
resent to merchant via email and attempts to confirm receipt of the forms were
made.
2/4/2015
-  2nd follow up call made
to  merchant regarding cancellation
forms.  Voicemail was left for merchant
to return the completed and signed form. 
Cancellation was resent to merchant via email and fax.
2/5/2015
- 3rd follow up call made to merchant regarding cancellation
forms.  Voicemail was left for merchant
to return the completed and signed form. 
Cancellation form was resent to the merchant via email.
In an effort to resolve this matter amicably Harbortouch will close the
account today and will waive the applicable early termination fee (ETF) of
$420.00 as per Section 13.20 of the Addendum.  In accordance to the Terms and Conditions
together with its addenda, attachments and schedules Harbortouch
will refund the merchant three months of processing fees plus the compliance
fee charged on 1/3/2015. Total refund of $136.25.
Legal Group
Harbortouch Payments, LLC

[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.  Thank you so very much for helping me resolve this issue!  I truly appreciate your assistance and prompt attention to my concerns! I really appreciate the fact you knew who to contact to bring attention to this matter, as I was not successful in that task.
Regards,
[redacted]

Harbortouch in hopes of resolving this complaint will cancel the contract that was established with [redacted] without ETF. However the problem with the lease is Harbortouch has no means nor authority to do such. The customer must contact the leasing company and explain the situation. They would need to work in tangent to resolve that matter. The terminal is not the property or proprietary to Harbortouch or [redacted], thus can be reprogrammed with another processor if needed. But again, Harbortouch has no control over the actual lease and must be worked with leasing company.

Harbortouch has in possession a signed agreement outlining the pricing the merchant is disputing. If legal is threatened and/or pursued, the document will be presented with the customers signature. There is also a note from a staff member on 1/20/14 in which a conversation with the merchant revealed...

that they chose to proceed with a new POS company given the sheer fact that they can deliver more quickly on the POS the merchant required. The contract as legally signed and binded to between Harbortouch and this customer will be enforced to the fullest and all fee's will stand. Including the outlined ETF that is clearly defined in the contract and subsequent Terms and Conditions.

Harbortouch is exploring having the onsite presence the merchant is requesting. We attempted to communicate with merchant today (7/18) to schedule a time and day next week to accommodate this request. If merchant can provide the aforementioned, Harbortouch will work to accomodate.

We are sorry to hear of [redacted]’s dissatisfaction with
services provided by Harbortouch. 
size="3">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 December 10, 2010, [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 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 terms of Termination are detailed further in Section 5 of the
Terms and Conditions and Section D7 of the Merchant Processing Agreement($250or$35 x number of months remaining in
contract whichever is greater per the Merchant Processing Application and Terms
and Conditions) inclusive of the Terms and Conditions. An ETF of $455 ($250 + $35 x 13 = $455) was
charged to [redacted]’s merchant account. The two charges rejected from the merchant’s
account and NSF (Insufficient Funds fees) were applied (2 x $25). 















10/14/2014

$205.00 cancellation fee + NSF fee of
$25.00

$230.00

10/14/2014

$250.00 cancellation fee + NSF fee of
$25.00

$275.00



  Total in Harbortouch Collections

$505.00

However, in an attempt to resolve this matter amicably
Harbortouch will waive  the ETF of $205.00. 
Harbortouch
is willing to work with [redacted] in regards to the remaining outstanding
balance of her account. I encourage [redacted] to contact Harbortouch’s
Collections Department at 800.201.0461 in order to resolve this matter.
After a detailed review of the account, the monthly
processing service fees that have been charged until receipt of her written
notice of cancellation in October 2014 are valid in accordance with the
Processing Agreement inclusive of the terms and conditions. 
Regarding the Independent
Sales Organization (ISO), the ISO is an independent contractor and statements
made by the ISO cannot be validated.  Any
verbal agreement is superseded by the written signed agreement.   The contractual agreement between the
merchant and Harbortouch is the written Agreement signed and dated as
referenced above.  
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 Department
Harbortouch