Harbortouch

Revdex.com:I appreciate all your help in this matterI accept the resolution that the business has shared with me, however I will believe it when I see it. You will hear from me again if the cancelation does not go through, and they continue to charge my account. I truly hope that this is the end to the problem. Again much mahalo for all your help
Regards,
*** ***

We
refer the merchant to the POS Service Agreement Terms and Conditions Section
titled Personal Guarantee:
… I absolutely and unconditionally guarantee
the full performance of all Merchant's obligations
to Harbortouch, together
with all costs, expenses, and attorneys' fees incurred by Harbortouch, its parents, affiliates, successors, or assigns, in connection with
any action, in actions, or defaults of Merchant
with respect to this Agreement or any other
Agreement currently in effect or in the future
entered into between Merchant
or its principals and Harbortouch, its parents, affiliates, successors or assignsI waive any right to require
Harbortouch, its parents, affiliates, successors or assigns to proceed against other entities or Merchant…
Additionally
the Merchant Transaction Processing Agreement Terms and Conditions and Addendum:
Section
MERCHANT shall establish a designated account at the institution of its choice ("DESIGNATED ACCOUNT") for the credit and debit of sums between the PARTIES MERCHANT, pursuant to the Funds Transfer
Instructions set out herein, authorizes BANK to make deposits
and withdrawals from the DESIGNATED ACCOUNT. MERCHANT hereby grants to BANK a security interest and lien upon the DESIGNATED ACCOUNT to secure all of MERCHANT's (or any related entity under MERCHANT'S control)
obligations to BANK under this AGREEMENT
If required
by BANK, MERCHANT agrees to cooperate with BANK and the depository bank maintaining the DESIGNATED ACCOUNT to cause a Control
Agreement to be executed with respect to the DESIGNATED ACCOUNT.
MERCHANT agrees to maintain
a balance in the DESIGNATED ACCOUNT in an amount specified by BANK and MERCHANT
agrees to deposit
funds into the DESIGNATED ACCOUNT so that the minimum balance required
by BANK is maintainedIf this AGREEMENT is terminated for any reason,
the DESIGNATED ACCOUNT
shall be maintained for a period of one hundred eighty (180) days, plus the period of any warranty
or guarantee on goods and/or services sold by MERCHANT and processed as SALES, from the date of the last SALE processed
by MERCHANT under AGREEMENT. BANK may recoup and debit from the DESIGNATED ACCOUNT
all non-VISA and non-MASTERCARD related
FEES and other
obligations due to BANK under this AGREEMENT
or any other agreement MERCHANT
or MERCHANT's related entities
have with BANK without
prior notice to MERCHANT
BANK may recoup and debit from the DESIGNATED ACCOUNT all FEES and
other obligations due to BANK under
this AGREEMENT or any other agreement MERCHANT or MERCHANT's related entities
have with BANK without prior
notice to MERCHANTAddendum
Section 13:
BANK and/or Harbortouch have the right of recoupment and set-off This means that BANK and/or Harbortouch may recoup and offset any outstanding
or uncollected amounts owed to BANK and/or Harbortouch from (i) any amounts BANK or Harbortouch would otherwise be obligated to deposit into the DESIGNATED ACCOUNT,
and (ii) any other amounts
BANK
and /or Harbortouch may owe MERCHANT under this AGREEMENT
or any other
agreementNothing
contained herein should be deemed an admission or waiver of Harbortouch’s
rights under applicable lawHarbortouch expressly reserves all of its rights,
remedies and defenses in law or in equity
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 a satisfied Harbortouch customer
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
merchantHarbortouch has emailed the merchant the required cancellation form
on 7/24/2014, 5/29/2015. Harbortouch
never received the signed cancellation form from the merchant.
On February 3, 2011the 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 transactionsThe 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
enclosedThe merchant received a copy of the Terms and Conditions prior to
signing the Merchant ApplicationHowever, 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 successive two (2) year terms (See
Section of the Terms and Conditions)
The early termination fee (ETF) is $or $x the number of months
remaining in the current term (See the Processing Agreement Section VII) whichever
is greaterAll processing fees and charges incurred by the merchant are valid
in accordance with the terms and conditions of the Processing Agreement
In accordance to the Terms and Conditions Section FT Program
the merchant is to return the processing equipment. If we do not receive the processing equipment
an applicable non-return of equipment fee (RMA) will be charged to the merchant’s
account.
Attached is a shipping label for the merchant to return the
processing equipment
Once Harbortouch is in receipt of the returned equipment we
will close the merchant account and reduce the ETF to $from $(x $35)
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 ***, and find that this resolution is satisfactory to me Please refund the $ right away so I can close the filePlease email me at *** once it has been refunded
Regards,
*** ***

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
them a satisfied Harbortouch customer
On March
5, 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 transactionsThe 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
enclosedYour client received a copy of the Terms and Conditions prior to
signing the Merchant ApplicationHowever, you may also access the Terms and
Conditions at www.harbortouch.com/terms.
On
April 3, the Harbortouch Risk Department closed the merchant account for
the following reasons:
Merchant was processing sales well over their approved
limits;
Merchant was exclusively keying credit/debit card sales. Account was set up for 80% swipe and 20% not
swipe;
When keying in transactions the merchant is not taking card
imprints. This is requirement for retail
(swipe) merchants;
The merchant cannot provide tracking information and very
limited contact information for their customers, proof of merchant delivery
cannot be confirmed
Harbortouch
provided the merchant with notice of account closure and kept the account open
for an additional week so the merchant could find another processor. Any sales that are run will be held for
days which is in accordance to the Terms and Conditions for chargebackWe refer the merchant to Sections
Termination of Agreement and Sections and of the Terms and Conditions
Association RulesLegal Group
Harbortouch

The account in would of been written under the name of *** *** ***, since the time of signing *** changed names to HarbortouchRegardless, attached are a few screenshots of documentation in which the owner on the account signed agreed to a processing agreement with HarbortouchThe fact
that the account was not used does not in any fashion eliminate the responsibilities of the signing partyThe account was live, legally binding, and executed to the fullest extent by Harbortouch

After a detailed review of the merchant account, Harbortouch
has determined that the merchant’s account was closed in our database on
February 5, 2016. We have written off
the amount of $482.50. The merchant has
no further obligations to Harbortouch
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 a satisfied Harbortouch customer
After a detailed review of the merchant’s account, Harbortouch has
determined the account was closed in our database on May 30, and the
merchant did return the equipment on July 1, 2014. Harbortouch is
removing the derog from the credit report.
Nothing contained herein should be deemed an admission or waiver
of Harbortouch’s rights under applicable lawHarbortouch 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 responseIf no reason is received your complaint will be closed Administratively Resolved]
Complaint: ***
I am rejecting this response because:
Please view the attachments that include my dispute letter and the response letter from Harbortouch (which includes my name and address)Harbortouch claims they have a different address for me on file that I am not aware ofI have lived at my current residence for yearsSince Harbortouch is furnishing the charge off on my credit report under my social security number, I demand to see the proof so that I can file it with authoritiesI also included a copy of my DL which nears my signatureHarbortouch cannot require IDs to match the signature on file as a response to my disputeI believe the copy of my state DL has more than enough information for Harbortouch to match whatever they have in their database
** **

We
are disappointed to hear of Mr***’s dissatisfaction with
Harbortouch’s products and
servicesHarbortouch
values each merchant it serves, realizing that exceptional customer service is
just as important as competitive pricing and innovative productsWe take the loss of a customer’s business very
seriously and, if given the opportunity, will do whatever we can to make Mr
*** a satisfied Harbortouch customer
1) Merchant
Transaction Processing Agreement
On June 6, 2013, Mr*** entered into a Harbortouch
Merchant Transaction Processing Agreement (“Processing Agreement”). The Processing Agreement governs the terms
and conditions whereby Harbortouch agreed to provide Mr***’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
*** received a copy of the Terms and Conditions prior to signing the
Merchant Application. However, he may
also access the Terms and Conditions at ***. 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
Term of Agreement
2) Harbortouch Consent Agreement
On
August 8, the merchant entered into a Harbortouch Consent Agreement with
*** *** ***, Incd/b/a Harbortouch (“Harbortouch”) and *** *** *** (“Old
Merchant”) and *** *** *** *** (“New Merchant”). As per the terms of the Consent Agreement, whereby
Mr*** (“Personal Guarantor 3”) agreed to assume the prior merchant’s
obligation under the Service Agreement dated June 1,
3) Harbortouch
Point of Sale System Service Agreement
On August 8, 2013, the merchant also entered into a
Harbortouch POS System Service AgreementThe Service Agreement governs the
terms and conditions whereby Harbortouch agreed to provide the merchant with a
free POS system based upon the merchant’s commitment to enroll in a five (5)
year agreement for support service based on a monthly fee and other applicable
chargesThe Service Agreement consists of POS Elite Exhibit A and the Service
Agreement’s terms and conditions
I refer the merchant to the Third Addendum to the Merchant
Transaction Processing Agreement (attached to the (“Processing Agreement) POS
Program Number
I referenced the documents above to help answer the merchant's concerns with regards to the terms of the Processing Agreement and the POS Service
AgreementThe POS systems are provided
in exchange for the commitment of credit card processing with Harbortouch.
This is similar to cellular phone contracts when purchasing
a phone and contracting with a specific cellular service provider
To address the merchant’s dissatisfaction with the rate
increases, I would like to refer the merchant to the Terms and Conditions. Specifically, Section as it details the
terms of rate assessments determined by the Associations (i.e*** *** ***)
As set out in the Merchant Application and the Rate
Descriptions, discount (“DISCOUNT”) is a FEE charged as a percentage of gross SALES submitted by MERCHANT, which
generally includes “Processing,” “Authorizations,” “Assessments,” and
“Interchange.” Assessments and Interchange are the standard fees that the
ASSOCIATIONS charge for the clearing of SALES
transactions and are subject to change by the ASSOCIATIONSBANK has no direct
control over these feesAny adjustment in Interchange and Assessments by the
ASSOCIATIONS may result in an adjustment to MERCHANT’s DISCOUNTBANK will notify
MERCHANT in writing of any change in FEES caused by action of ASSOCIATIONS
prior to any such change becoming effectiveNotice to MERCHANT of any change
in FEES caused by ASSOCIATIONS may be less than thirty (30) days
We
have already begun a rate review for the merchant in an attempt to alleviate
the merchant’s dissatisfaction. I
encourage the merchant to contact our Merchant Account System Administrator at ###-###-#### to discuss possible options available to him. Should the merchant have any questions,
please contact Harbortouch at the number provided.
Nothing contained herein
should be deemed an admission or waiver of Harbortouch’s rights under
applicable lawHarbortouch expressly reserves all of its rights, remedies and
defenses in law or in equityLegal Group
Harbortouch

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved]
Complaint: ***
I am rejecting this response because:Apparently Harborthouch must be a foreign based company bacause "Customer Service" and now their Legal department have difficulty reading and understanding EnglishHow else is it that they completely ignore the fact that I had originally requested information as to what options I would have IF I WERE TO CANCEL MY ACCOUNT? Yes, I signed the same document and sent it back but it was still the same request for information that I signed, I never stated to or authorized Harbortouch to cancel my accountWhy is that fact overlooked and now the dreaded legal department quotes chapter and verseWas it Horbortouch's negligence or their deliberate method to gain money they had no right to Why has the legal department not responded as to why it has taken Harbortouch this long to initiate a refund? They received their equipment over a month ago and they have just now initiated a refund? It didn't take them very longs to snatch my money and hold on to it and then hold on to it until I raised a complaint in their delaying my refundI believe their business methods are highly questionable and I wonder how many other small business owners like myself have had to endure their total incompetence
Regards,
*** ***

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved]
Complaint: ***
I am rejecting this response because:
When I called and made the payment on 12/I was told the account was paid in full. There is nothing noted in the cancellation contract about a time limit on return the terminal. Since I paid the account in full I have not received a single notice stating there was an amount owing on the account. I paid the $as soon as I found out about it. Why would I let it hit my credit before paying a $charge? This complaint will not be resolved unless you remove the charge from my accountThe amount has been paid, there should be no reason to leave it on there other than your lack of customer serviceRegards,
*** ***

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved]
Complaint: ***
I am rejecting this response because:
This is getting to fraustrating, they just keep trying to say why and for what reason took our money and send it to government,
But the problem was their lack of responsibility to let us know, again, we did not receive any email, just phone calls to my minimum wage employee ( for this big matter ) and not having courtesy to send us certified mail to make sure we get informed
Regards,
*** ***

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved]
Complaint: ***
I am rejecting this response because:
The *** charges that were processed by us through Harbor touch on 1/27/along with other *** and *** cards normally are received in our back days later The fund never went into my bank I called to see why the whole deposit wasn't in my account What was missing was all the *** credit card charges for that day I finally spoke to someone at Harbor touch and got a copy of all the charges that day, all that were REJECTED were only *** credit cards With that information, I processed all the charges again with my new processor
On 2/25/a deposit went into my account unannounced (by TSYS-back office for Harbor touch) and it totaled the missing *** charges that were REJECTED I was told by a harbor touch employee that I was not able to process any charges through Harbor touch after midnight the night of 1/27/(a phone call I received that day from Harbor touch).
On 3/24/Harbor touch accepted that *** deposit in question back, it is no longer in my accountHarbor Touch has that deposit in question.
The second week in February I reprocessed those *** charges again with my new processor It was well after Harbor touch showed me proof that the charges were rejected
I need to know that Harbor touch returned those charges back to Voyager
Regards,
*** ***

After a detailed review of our records in the merchant account, Harbortouch is in agreement that the merchant did file a Revdex.com complaint earlier this year in April 2016. At that time the merchant indicated they
wanted to cancel the contract. Harbortouch responded on 5/17/that we would extend the merchant a period of three (3) months to research other processors (while still processing with Harbortouch during this period) and that if they did not cancel with Harbortouch by the end of the three (3) month period the account would remain active under the current Processing Agreement and POS Service Agreement.
Harbortouch never received communication from the merchant during the three (3) month extension time that they will be switching processors. We received notification from the merchant on 9/26/that they switched processors which is clearly outside of the three (3) month extension period provided to the merchant. The merchant is responsible for paying the ETFs in accordance to the Processing Agreement and the POS Service Agreement inclusive of the respective Terms and Conditions
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 merchantA form was generated and sent to the merchant on 9/26/for signature and return to cancel the account. To date, Harbortouch has not yet received the signed and dated cancellation letter
Legal Group
Harbortouch

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved]
Complaint: ***
I am rejecting this response because:
Please show me any receipt of payments run through the account or any activity related to the account.
Please provide a copy of the full contract
Regards,
*** ***

The ETF is classified as a financial obligation, similar to a loanCancelation prior to completion of the loan, the buyout amount is dueHarbortouch, can produce a signed agreement with the merchant signatures thus making the document legally bindingDigital signatures are legally binding as wellProduction of a blank document is irrelevant given the fact that it is a widely distributed document and can be obtained easily in its default state

A member of our management team will be reaching out to the
merchant regarding their account
10pt;">Legal Group
Harbortouch

We are sorry to hear of the
merchant’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
On May
10, 2012, Mr*** entered into a Harbortouch Merchant Transaction Processing
Agreement (“Processing Agreement”). The
Processing Agreement governs the terms and conditions whereby Harbortouch
agreed to provide Mr***’ 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*** 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.
After
a detailed review of the merchant’s account it has been determined that the
equipment was returned. A refund is being issued in
the amount of $844.00. This refund is in
process and will take anywhere from to business days depending on the
merchant’s bank accepting the refund.
I
refer Mr*** to the Terms and Conditions specifically Page ECR
Program. The terms and conditions explain
the requirement that the equipment be returned within thirty (30) days from the
date of termination.
The account was closed on 12/22/
Merchant shipped the equipment for return on 1/30/2015;
Harbortouch received the returned equipment on 2/5/
Harbortouch will not issue a
credit for the NSF fees of $since the equipment was received outside of
the day requirement
Legal Group
Harbortouch Payments, LLC

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved] Complaint: ***I am rejecting this response because:
If Harbortouch thinks that everything should be resolved by this rebuttle they are wrong, the repdid call and apoligised for the way Harbortouch was handling everything, he said it wasn't his fault, and he wanted to do what he could to make this situation right, I asked him what was going on with our *** *** funds, he said we should be able to acceppt the card, but he still didn't know where the other funds were, I told him for over months I could not accept ** and then for weeks, no credit cards at all because no onem not him not Harbortouch would talk to me I could not get a hold of anyone and as a result I lost a lot of business and this was a real hardship, I had to close out the acctI did not want this Company that I did not trust able to take funds out of my acctI told him he could come and take the terminal and he said he would be in the next morning for sure......he never showed and I have not heard from him since, as I was acustomed to. On May 6th, we called ** and asked if they knew anything about are funds, they said they had them now and would mail us a check, I feel that it was only when the Revdex.com got involved is when they money was discoveded which really makes me wonder, Harbortouch still has never contacted us to tell us anything about this money. To resolve these issues, I want Harbortouch to take the terminal and take responsibility for the lease, which we never got to see when we electronically signed it and only got a copy after insisting the repget us one. Regards,*** ***