Harbortouch

Harbortouch
reiterates is prior response.  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…”.
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verbal agreement is superseded by the written signed agreement.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 in our prior response.
Harbortouch has issued a
$50.00 courtesy credit to the merchant which will be reflected on her next
billing statement.
Legal Group
Harbortouch Payments, LLC

The merchant spoke with a Customer Service Supervisor on the 21st of March in which the plan was outlined and agreed upon. The refund that was discussed and agreed upon in being processed. There is no record of any further communication nor any communication that needed to be done. I have no record of merchant contact since the date outlined above. Harbortouch will have a supervisor reach out again today however, and discuss all that was outlined in previous call.

The fact is the merchant providing this complaint has been and is attached to a legally binding agreement. Whether or not they merchant uses the system is irrelevant as all fee's billed have been agreed to in signed contract. The merchant at anytime in the past was capable of cancelling the account...

however they choose to keep the account open and billing subsequently occurred. Harbortouch has acted 100% within the contractual rights and terms stand.

Harbortouch understands the position of the customer however the $1000 offer stands as solutions were in fact offered. Even though the merchant did not like those solutions, again they were nonetheless offered. The websites the merchant was demanding are in fact not permitted as they house and can jeopardize the security of any POS system and potentially expose any merchant to 10's of thousands of dollars in risk due to breach. The ability for a breach to happen is far to great as that was witness through the [redacted] Breach of early this year. The restrictions are in place to eliminate the unnecessary exposures and to protect all parties. No where in the contract nor in any sort of modifications does it state that Harbortouch was responsible to open these to our merchants, however in the underlying sections of the terms and agreements, it is stated that property of the equipment during the terms of the contract shall remain the control of Harbortouch, that include the production of our product. The reference to the calls and almost 8 hours, not all those calls were in regards to the topics brought up in the last rebuttal and stem from anything from voiding transactions, brief trainings, to other one off issues. Not all related to the POS issues, Lighthouse, or music demands. The customer must realize the system is designed and placed only to be a Point of Sale system. Not a full fledged computer. The point of sale by definition is just that, a point in which a customer can accept payment. 
The offer of the $1000 is again to recoup the costs that were incurred in the programming and deployment phase as well as the financial harm caused by the early termination of the agreement. The merchant used and processed the equipment for 4 months, ending service in January of 2014. The $250 that was billed for the processing agreement element, was actually a large reduction in the amount that contractually should of been billed, but as a courtesy was waived. That amount would have been $35 x everything month left on the contract. That amount and service is totally independent of that with the POS System, and should be taken into consideration with demand of the entire ETF refunded. The offer of $1000 is the final offer for Harbortouch to settle this dispute.

[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:
There was no response other than posting a contract that contains personal information that I do not want made public. Please take down their attachment.
Regards,
[redacted]

We are sorry to hear of the merchant’s dissatisfaction with
Harbortouch 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 June 19, 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. 
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(s) between the merchant and Harbortouch are
the written Agreements signed and dated as referenced above.  
After a detailed review of the merchant account, Harbortouch
has closed the merchant account in its database on January 11, 2016 and has
written off charges totaling $923.00. 
On February 23, 2016 Harbortouch received delivery of the
processing terminal from the ISO.
There has been no derog placed on the merchant's credit. 
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 account is valid and the agreed upon rates as outlined are in place. Whether or not the sales representative paraphrased all writing was visible and capable of being reviewed by customer signing. The customer signed and initialed all documents. The contract in hand is legally binding and enforce...

able. This appears to be an attempt to cancel account out of remorse with no solid backing. As stated previously this account is legally binding and the merchant will be held to that agreement. Cancellation would fall under the penalty outlined under the agreement.

In no way is this response meant to discredit you only to
provide you with a resolution to your issue.  Section A2, the 6th line
down on your application Harbortouch asks "Does Merchant Conduct Business
Seasonally?" If this box was checked, what you would do is send in a
letter advising us to put your account on seasonal hold.  When your
account is on seasonal hold you would not be billed processing charges. 
The problem here could simply be a box was not checked correctly on the
Merchant Processing Application.  
My suggested resolution is that we put your account on
seasonal hold and refund you for the month you were not processing.   If this resolution is acceptable, please
respond indicating your acceptance of the offer.  Should the answer be yes, I will have customer service reach out to you. 
Even with a seasonal account the standard contract would
still be 3 years, the only difference is you would not be billed when you are
out of season. 
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(s) between the merchant and Harbortouch are
the written Agreements signed and dated as referenced above.

[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 issue that is outlined in the complaint has been resolved as of 4/17/14. If further issues exist the customer may contact customer service at ###-###-####.

Harbortouch reiterates all of its
prior responses.  
The merchant needs to contact our Charge Back Department at [redacted] to
resolve the matter and provide requested information regarding transactions in
question.
This is our final response in this
forum. 
Legal Group
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 the
merchant satisfied Harbortouch customer.
On August
20, 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 periods.
On August
15, 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 two (2) 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.
The
merchant cancelled his merchant account and was closed in our database on July
21, 2015.  Applicable early termination
fees (ETF) applied in accordance to the Processing Agreement and Service
Agreement inclusive of the Terms and Conditions. The applicable ETFs rejected
from the merchant’s bank account and are now in Harbortouch collections.  
 The
merchant entered into a second Merchant Transaction Processing Agreement on
March 26, 2015.  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 entered into a second POS Service Agreement on March 26, 2015.  The Service Agreement consists of Exhibit A
and the Service Agreement’s terms and conditions. A copy of the Service
Agreement is attached. 
We
refer the merchant to the Service Agreement Terms and Conditions Section Personal
Guarantee signed by the merchant.  Harbortouch
is acting accordance to the Service Agreement(s) Terms and Conditions.   
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

We are a small business that has been with Harbortouch for 7 years. The equipment failed and we decided to go with a different processing company. We started in April with our cancellation agreement. After speaking with 3 different customer service associates and was told on the first occasion that it was never received (April 2015) and that it needed to be faxed. On the second occasion that it was received and processing and may take up to 3 to 4 weeks (May 2015). On the third occasion and after 5 months of $99.00 processing fee deducted from our account was told that it in fact was never received and they did not have any record of our interest to cancel.(August 2015) Although I received a call in April 2015 from a rep concerned because we were cancelling. We have now received a collection notice from a termination fee of $470.00. They renewed our contract automatically every 2 years. We were told from the beginning that there was not a termination fee after 2 years. We also received a notice that we would need to send the equipment back or be charged $838.00 and we are responsible for shipping. We were told the equipment was ours to keep. I never received a single customer service call to see if we were satisfied with the business all of the 7 years that we were loyal customers. Nor were we ever contacted again from the sales rep. I will be filing a lawsuit and wanted any business to be aware of this company

Harbortouch feels the best method to address the complaint at hand is directly speak with the customer and educate on the remaining elements. A supervisor within our Customer Service will reach directly to the customer to provide such education and hopefully work to resolve outside this forum.

Harbortouch reiterates is position to Ms.
[redacted];   
Harbortouch has no record on file of Ms.
[redacted]’s written request to cancel her merchant account and we will not
terminate a merchant account with a phone call as mentioned in our prior response;
After a subsequent review and as previously
stated all fees and charges incurred are valid in accordance to the Processing
Agreement inclusive of the Terms and Conditions;
In this final response Harbortouch is reducing the
amount in collections to $106.50; and
Once again, I encourage Ms. [redacted] to contact
Harbortouch Collections Department 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

Please
be advised that a Harbortouch management team is addressing this account and
will respond soon.
Legal
Group
Harbortouch

Harbortouch
reiterates all of its prior responses.
 
The
manufacturer themselves have indicated the ECR does not provide EBT capability
and will not be offering that option in the future.  This is not in
Harbortouch’s control.
The
solution Harbortouch is offering is to utilize a [redacted] as a standalone terminal
that is capable of debit/EBT transactions and the receipt prints EBT
balances.  The [redacted] also offers EMV capability for added security.
The
[redacted] terminal is not integrated with the ECR but operates as a
standalone terminal.
Harbortouch
does not advertise the ECR as integrated with a terminal but functions
with a transaction processing terminal.
 
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(s) between the
merchant and Harbortouch are the written Agreements signed and dated as
referenced in our prior response.
The merchant has the choice
of  two options available.   Accept the solution proposed with
the [redacted] terminal or cancel his merchant account with the applicable ETF
charged to his merchant account.
 This is our final proposal and
response.  
 Legal Group
 Harbortouch

Harbortouch understands your position.  Please also understand that this is a...

situation
in which both you and Harbortouch have a loss.  When a merchant does not receive
funds for its sales, Harbortouch does not receive funds for processing
of those transactions.  We are in the same position here.  We recognize that you have been a loyal
customer to Harbortouch.  With that said, we need your assistance. 
No terminal is shipped out in training mode. 
For a terminal to be placed in training mode there is a
process to do so.  When a terminal is in training mode the bottom of screen
display says that the terminal is in “Training Mode”.   On the top of the printed sales receipt it
will state "[redacted] TRAINING MODE[redacted]" and on the bottom of the receipt
in smaller caps it will also read [redacted]TRAINING MODE[redacted].  In addition to
this your AUTH code will be all x's not real numbers.  Finally when you
settle your transaction at the end of the day the settlement report will read
[redacted]TRAINING MODE[redacted] it will also read again in the middle of the settlement
report [redacted]TRAINING MODE[redacted].
I am attaching a sample receipt and settlement report
showing what they would like when the terminal is in TRAINING MODE.
Next, the steps for taking a terminal out of training
mode.  The terminal will ask you “Would
you like to leave training mode "YES”
or “NO."  This could be
the point where an error occurred.  If
you do not enter the correct response it will remain in training mode.  The natural response could have been to hit
the no button as in "No I do not want training mode on."  This is the most likely way the terminal remained
in training mode.  As far as a technician seeing what was on your
terminal, it is not possible, and for that reason we rely on the merchant to
tell us what is on their terminal in order for us to troubleshoot
terminals. 
When a terminal is in training mode there are no
transactions processing or being authorized through your terminal.  With
no transactions processing through your terminal, Harbortouch is not able to
process transactions.  Therefore,
there is no Harbortouch record of transactions, since no transactions processed
on your terminal while in TRAINING MODE.
Legal Department
HARBORTOUCH

We are sorry
to hear of...

Mr. [redacted]’s
unfortunate circumstances. 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
recognizes that you have been a loyal and valued customer of Harbortouch since August
2009.   We will be closing your merchant
account with no early termination fee. You have no outstanding balance with Harbortouch.
  Should you have any questions, please contact Harbortouch Customer Service 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.
Harbortouch
Legal Department