POS Portal Inc.

The merchant signed up for two leases one on 2/6/and the other on 2/17/Back then we only offered a month lease, so we could not have told her that she was signing a month leaseIt also specifically states on both leases what the terms are, and the terms are months. I also
see an email where *** tells her that her lease is months but if she is filing for bankruptcy then she needs to forward the correct paperwork to the leasing department. She states that she was told that the length of her contract was determined by who referred her, which is incorrect, section of the lease states that our agreement differs from the agreement made with the software vendoriConnect may only keep the client in a month term for software but we still only had the month leases back in Section of the lease also states that the lessee cannot cancel this lease during the lease term for any reason. The merchant was sent a copy of her lease agreements and it specifically states under the total monthly charges on the first page that the lease term is months. She will be in one lease until 2/6/2017 and the second lease until 2/17/

Provided customer with RMA so that they may return the cash drawer with a 20% restocking feeCustomer indicated that this was an acceptable resolution

This complaint has been lingering out there for a whileWe have had an extremely difficult time connecting with this merchant and the times we were able to connect the customer sounded intoxicated (slurring words, long unexplained pauses in conversation, excessive use of profanity) and was unable
to follow simple instructions in order to troubleshoot her problemsBelow is an accounting of what my sales and service team has gone through in attempting to solve her problems. This is incredibly frustrating as the merchant has ignored multiple additional attempts at phone and email communication by my team since the original complaintPlease let me know what further steps we can take. Best, -***

Good Afternoon Jorge, Please see attached: USPS Tracking Information and Receipts for They obviously received my returned equipment when they claimed to you that they did not. I will also send you secondary email with attachments RE conversation and emails proving what this company and their affiliate did to meCompletely Reprehensible. Give me a day or two more to put all the documents together for you as I need to pull them from Emails previously sentYou will then immediately see what I am talking about. Thank you, *** ***

I first spoke with [redacted] on May 18, 2016 regarding his rejected payment. [redacted] said that he tried calling in “probably December” to cancel the lease. I advised him that the lease was non-cancellable after the first 30 days, and that I would calculate the buyout option for his lease agreement. I...

have attached a copy of my follow up email to him that included a copy of the signed agreement. I spoke with [redacted] today, and he advised that they wanted to exchange the printer in November, but then cancelled everything instead. I advised that we show documentation of the request to swap the printer, but that we never received any follow up from the merchant, so the amendment to the existing lease was cancelled. I have attached the amendment document with the audit history to this email. The merchant last viewed the amendment, without signing it or contacting us, on 11/8/15, at which time the merchant was outside of their 30 day window to cancel the lease agreement. The merchant was again advised that we show documentation that he inquired about the buyout on December 8, 2015, but that the lease is non-cancellable after the first 30 days. The merchant was offered the buyout option for the third time today, at which time he asked me to mail him the information, because he doesn’t have an email address/ doesn’t do email at all. Please let me know if you would like any additional information! Thank you,

The client purchased equipment on 8/17/2016 and it shipped out of our [redacted]. The client refused the shipment on 8/22/2016. The package was delivered back to our [redacted] on 8/24/2016. Our [redacted] does not have the ability to receive in units that have been...

refused or sent back for credit. All packages are sent to our Sacramento warehouse so credits can be processed and credit cards refunded. Louisville will send shipments back to Sacramento once a week. The shipments are sent ground and can take 5-7 business days for delivery. We also have 48 hours to receive in anything that has been delivered. The package was received into the Sacramento warehouse on 9/16/2016. The credit was settled today and the card will be refunded tomorrow (9/20/2016). It can take 3-7 business days for the credit card company to refund the credit card.”

I’ve reviewed [redacted]’s proof of delivery. I am attaching the return instructions [redacted] had sent to [redacted] on 6/2/16. Highlighted in the document are clear instructions to only return the equipment via [redacted] or [redacted] only. Unfortunately, when delivered via USPS, outside our receiving policy, this can cause delays of receiving the equipment back into inventory. Additionally, I am confident [redacted] clearly articulated to [redacted] that equipment is deemed received once we’ve scanned it back into inventory, not once the equipment is delivered to our facility. We received the equipment back into our systems on 7/1. Please let me know if you have any further questions. Thank you.[redacted]

Hello! Regardless of the merchant’s request to stop the monthly payment, the equipment agreement that they signed does not provide the option to do so. As a result, the payment for April 21, 2015 fired and settled back to us on April 28, 2015 for $49.24. No payments after that point funded...

successfully. I spoke with the merchant on November 17th , 2015 at 12:00 PM to follow up on the 6 rejections on his account and discussed the merchant’s frustrations that he outlined in this complaint. The merchant owed a total of $475.44 at the time, consisting of  6 rejected payments ($295.44) and a $30 rejection fee per rejection ($180).  The merchant wanted us to waive all 6 payments and the rejection fees. I advised him I would escalate issue, and called him back at 2:59 PM the same day. I apologized for the customer’s experience thus far and that I would waive a total of $327.72 from his total due, which was over $80 more than his account had been over drafted. I advised him I would waive all $180 in rejections fees, and would waive half of the rejected payments worth $147.72. The merchant advised that he really appreciated the deal we brought to the table, but that he honestly didn’t have the cash flow to pay for any of his lease at this time. He was then advised that the next option if there was no resolution would be collections, and I offered him the option to buy out of his lease agreement, and the merchant advised he would call back after weighing options and evaluating the prices of the buyout. Merchant was advised this option could be purchased with credit card in an attempt to solve issues merchant was having with bank account/ cash flow. The merchant did not call back, and when I followed up with him to check on his status December 21, 2015, he said that he would call back again, and advised that he didn’t think he could afford the buyout and that he still couldn’t make the monthly payments. I sent a final email regarding the missing payment requesting action from merchant within 5 business days via Echosign on December 22, 2015, the merchant viewed the email on December 24, 2015 per attached audit report, and did not contact POS Portal to resolve issue by deadline. Merchant was transitioned to collections agency on March 16, 2016 with 10 rejections on his account. Please let me know if you have any further questions. Thank you,

I am rejecting this response because:to whom it may concernthe only truth to there response is the profanity. I am disgusted with being taken advantage of .....  If they think by saying several attempts is telling me I have to buy another product from them and that might work..... and giving my number to someone else who has the same answer is help..... it isn't ....its unacceptable  .... they can make up all the lies they want ....but the fact of the matter is they sold me a product and that was not suitable for my business and maybe they don't even understand what was needed..... they were just selling it and screwing the consumer...... the kitchen printer is the issue .... it does not connect with the pos system unless it is hardwired ..... that should be something they tell you and then sell you the prpoer wiring for it ....or included it....  none of that was discussed.. ..or maybe a bluetooth printer so it can connect to the pos system......  none of that was discussed ..... they get you when they sell you a product half-assed  ....then want you to buy more from them ..... thats probably there gimmick  and then they can ignore you so you are stuck with it ....  and I did buy  a range  receiver like they said....  but from best buy  because in case it didn't work I can return it and not get screwed by the same company again.... well that didn't work either....  i have contacted square and they have been working with me but unfortunately can not take the product back because it didn't come from them ..... but have been working with me because it is them I bought and they care..... unfortunately I bought from pos portal and not from square directly....I get screwed..... I didn't know better.... and obviously pos portal  only cares about selling you more product that makes there pockets bigger.....  so if talking to one person ([redacted])  and her giving my number to someone else with the same story .... is help ...... I don't think so .. they have ignored more calls and  attempts.....   2 phone calls is not helping me .... they got there money .......thats all that they did .

The merchant, [redacted] with Instanbul Lounge signed a 24 month lease agreement with POS Portal on 10/12/2016 (I have attached a copy for reference, see section 14). Per the terms and conditions, this lease is non-cancellable for any reason. The merchant reached out on 3/22 to cancel but was...

informed that an agreement was signed and that they will need to continue to pay month to month, per the agreement. Other funds being debited from accounts may be part of other contracts or agreements that POS Portal is not party to.

I am rejecting this response because:Thank you for the responds as it helps me to understand the true motive to deceive and to hide behind contracts.  So the true intent for you all is to make more money not from the products themselves, but to enforce fees and penalties.  Thats a very immoral way to conduct business or to even grow a business.  Lets examine your business true nature in your response. You said, "Regardless of the merchant’s request to stop the monthly payment, the equipment agreement that they signed does not provide the option to do so".  This statement has deceit and fraud all over it.  As I stated in my complaint statement that I had taken the time to think about our PERFECT Customer and Service Provider relationship to call ahead a 1 week and half advance notice to get a stop payment on this account.  Which Ms [redacted] who was my first point of conduct should of been up front and just said we can not honor that request.  Instead she said, "That wouldn't be a problem"  Then I called in and asked could I make a one time payment over the phone and Ms. [redacted] said let me look into it and she said she would call me back.  She never called back and the following day a payment attempt was made throwing the account in a negative state and NSF fees were assessed to the account.  Why would Ms. [redacted] not just tell me that POS TABLET just does not  do this?  When I emailed her what happen she responded by saying she looked into my request to stop payment (a day later) and said that the Account Department said it was at there DISCRETION.  What does that mean?  But in there response to my statement they said according to there contract agreement they can't do that.  So which one is it?  Can you do a stop payment or you can not do a stop payment according to the contract.  What does "at their DISCRETION" mean anyway.  Do you have to be a certain color, race, or a member of some private organization?  What relationship do you have to have in order for Ms. [redacted] Account Supervisor to use that DISCRETION over the contract?  And when Ms. [redacted] never returned my calls this really explains this organization true intent to deceive and to enforce penalties to make more money.  Here is the email [redacted]>4/23/15to me Hi [redacted] I have reached out to the accounting department to follow up with you regarding making a payment with a credit card. Unfortunately it is at their discretion to stop payment on an account. Once you provide new banking information I can update your record. Our accounting department can be reached at the information below: Brenda [redacted]Accounting SupervisorOn November 17th, 2015 when Ms. [redacted] contacted me she had no knowledge of the correspondence of Ms. [redacted] and myself.  How does a company continue to draft a closed bank account and not even discuss it with members of there team and fellow employees.  With all this confusion to just simply resolve my overdraft bank situation you expect me to pay any fees plus pay 6 months of back payments?  I even offered Ms. [redacted] that I could just send her the equipment back as I never used the cash box and receipt machine, because I could not get it to work with the wifi.  Still in the box and she said they could not take it back.  She did mention that I could sell it.  I do not accept the response by this business as there is to much confusion to there policies and being told different information by two different employees who work for the same company.

Business states that they would like to apologize for the delay and are currently looking into the consumer issues. Business will adequately respond to consumer as soon as they conclude their review of the situation.

Please be advised that the company has decided to make a "one-time only" exception and granted me a refund.Thank you for your assistance in this matter, I believe receipt of the complaint is what motivated them to reconsider their position.

In response to the complaint below. The client leased the equipment on 7/11/2016. Even though the client mentions that they were not planning on using the equipment until fall, the warranty and automatic payments start immediately. If the client was not planning on using the equipment because...

his establishment was not open due to the 30 return policy, the client should have verified that the equipment he purchased would work for his set up. The client did not reach back out to us until 9/20/2016, two plus months after the lease was started. The client leased the following product: STR, mPOP, Bluetooth/USB, White, Cash Drawer, Printer, All In One Stand, New (127324) /Ea. This product is compatible with the software storefront from which it was purchased. However if the client has chosen to use an alternative software provider it may not be compatable. The site that the client placed the order on specifically provided information about our return policy: 30-day Return PolicyIt’s a big investment. We get that. So, to take a bit of scariness out of it we’ll give you 30 days to make sure it’s all working out. If not, simply pack it all up, or just the hardware that you don’t want, and ship it back to us for a refund, no questions asked. The client also signed a lease letting them know that the payments start once the lease is accepted, so the fact that they were not going to use the equipment until the fall was not going to change the lease or warranty/return policy. Section 2The Lease term shall commence as of the date that the Lease is accepted by Lessor, (“the Commencement Date”), and shallcontinue until the obligations of the Lessee under the Lease shall have been fully performed. The payments shall be payable monthly in advance as statedabove or on a schedule, the first such payment being due on the Commencement Date, or such later date as Lessor designates in writing, and subsequentpayments shall be due on the same day of each successive month thereafter until the balance of the rent and any additional rent or expenses chargeable toLessee under this Lease shall have been paid in full. All payments of rent shall be made to Lessor at the address set forth in this Lease or such otheraddress as Lessor may designate in writing. LESSEE’S OBLIGATION TO PAY THE AMOUNT DUE UNDER THIS LEASE SHALL BE ABSOLUTE ANDUNCONDITIONAL AND IS NOT SUBJECT TO ANY ABATEMENT, SET-OFF, DEFENSE OF COUNTERCLAIM FOR ANY REASON WHATSOEVER. 16) AGENCY: ENTIRE AGREEMENT: CHANGES. User understands and agrees that the Equipment vendor, Equipment manufacturer and/or credit cardprocessor, if any, are entirely separate, independent from and in no way an agent of Company and therefore are not authorized to waive or alter any term orcondition of this Agreement and their representations shall in no way affect User’s or Company’s rights and obligations under this Agreement, includingUser’s unconditional obligation to make the monthly payments as set forth more fully above. This Agreement contains the entire and final agreement betweenthe parties and may not be waived, altered, amended, modified, revoked, rescinded, terminated or otherwise changed except in writing and signed by anexecutive officer of Company. No attempt at oral modification or rescission of this Agreement or any term hereof will be binding on the parties.  We are only able to speak to the Personal Guarantor regarding matters concerning the lease. Anything having to do with payments or attempting to exchange equipment needs to be done through the PG. Let me know if you need any additional information.

Hello, On July 19, 2016, we spoke on the phone regarding 3 missing payments. The customer advised us that he had cancelled with us, and was advised that we show no record of a cancellation request. We also reminded him that the lease was non-cancellable, but offered him the exception to satiate...

the terms of his lease agreement early if continuing with the monthly payments would be too much of an issue. We then sent him a follow up email, which is attached. The customer did not respond, but their payments started funding successful for the next 7 months. When the customer’s payments started rejecting again in February 2017, we reached out within 5 days of their payment rejecting to us. Between multiple phone calls and emails, we were unable to get valid account information that is required per the terms and conditions of the customer’s agreement. The merchant was transitioned to collections with a total of 7 rejected payments. After receiving the complaint through the Revdex.com, we made the exception to transition the merchant back into our portfolio and proceed with the buyout option that was originally offered. We have allowed the customer to purchase their equipment outright, and have provided them with documentation releasing them from their agreement and naming them the sole owners of the equipment. If you have any additional questions, please let me know! Thank you, POS Portal

In the latest response the customer states that “A contract is not until death or bankruptcy.” While this is a correct statement, it is not complete or accurate characterization of contracts in general. She also threatens to, or already has, submitted her complaint to the Attorney General. Specifically, sections within the two contracts that she has signed state:Section 14: “END OF TERM. (a) Unless, pursuant to Lessor's return policy, this lease is cancelled by Lessee within thirty (30) days of the commencement Date andthe Equipment is returned to the Lessor, LESSEE CANNOT CANCEL THIS LEASE DURING THE LEASE TERM FOR ANY REASON.” Section 18: “GOVERNING LAW; JURISDICTION. This Lease shall be binding when accepted in writing by the Lessor and shall be governed by the laws of the Stateof California, provided however, in the event this Lease or any provision hereof is not enforceable under the laws of the State of California then the laws of thestate where the Equipment is located shall govern. LESSEE CONSENTS AND SUBMITS TO THE JURISDICTION OF THE COURTS OF THE STATE OFCALIFORNIA LOCATED WITHIN SACRAMENTO COUNTY, AND EXPRESSLY AGREES TO SUCH FORUM FOR THE BRINGING OF ANY SUIT, ACTIONOR OTHER PROCEEDING ARISING OUT OF THE LESSEE’S OBLIGATIONS HEREUNDER, AND EXPRESSLY WAIVE ANY OBJECTION TO VENUE INANY SUCH COURTS AND WAIVE ANY RIGHT TO A TRIAL BY JURY SO THAT TRIAL SHALL BE BY AND ONLY TO THE COURT. LESSEE AGREESNOT TO PURSUE A CLAIM AGAINST LESSOR AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL ATION OR OTHERREPRESENTATIVE ACTION. She signed a 36 month lease with us on 2/5/14 which will expire on 2/5/17and then signed another lease on 2/16/14 which means the term of that contract will expire on 2/16/17 I have once again attached the executed contracts. Please let me know if there is anything else I can do. -[redacted]

Overall, merchants have 30-days to try the equipment and make sure it’s conducive to their business needs. We are the equipment provider and have no control over which software or processor they choose. In this scenario, [redacted] was granted an exception to terminate the lease with us. He had...

to pay to ship the equipment back to POS Portal since he was outside the 30-day timeframe and the shipping costs he said he had paid ($200) is significantly lower than the balance of $2777.04 which still remained on his lease. [redacted] was charged $132.34 ($121.55 plus $10.79) per month on 4/28 (ship date), 5/28 (merchant still had hardware), and 6/28 (hardware had not been received by portal yet). At no time in his conversation with POS Portal did he debate or inquired about wanting reimbursement of the three monthly charges. All the equipment that was received back is now considered refurb, at best, if we are able to reuse any of it. Please let me know if you need any additional information. Thanks.[redacted]

Consumer states that they accept business offer.

I am rejecting this response because: I have asked NUMEROUS times to return this equipment, labels and/or return boxes to do the same, as evidenced in this original complaint and emails. Furthermore, the clauses that POS cites are not only unenforceable, but unconscionable. As courts have already found, Federal law preempts State law. This clause is in direct conflict of FRCP 23. As I have already requested, send me a shipping label to return this equipment or an address to do the same, refund my money, and cancel tbese contracts.

POS Portal has completed our investigation into the following matter and has...

proposed a solution which will result in a refund of fees and will alleviate the need to return any outstanding equipment. The original signed rental agreement (attached ) between [redacted] states that POS Portal will continue to collect rental payments until the rented equipment is either returned or purchased outright. [redacted] contacted POS Portal in April of 2013 and was provided a quote to buyout the equipment or the option to return it. Unfortunately, after the initial contact in 2013 we have no record of any further contact from [redacted] indicating that a decision had been made to exercise the buyout option or to return the equipment. In December of 2014 [redacted] once again contacted POS Portal to ask about ending the monthly rental payment. Upon a complete review of [redacted]’s account we have decided to take the following actions: - POS Portal will close the rental account without requiring a buyout or return of the equipment. - POS Portal will refund all rental fees collected during the past 24 months (Jan 2013 – Dec 2014) in their entirety.