Shift4 Payments, LLC

The Account Resolution Manager has reached out to the merchant and is taking steps to resolve the issues for the merchant. Legal GroupHarbortouch

As stated in our previous response, Harbortouch has made several attempts to contact the merchant regarding their Revdex.com complaint to address their issues.  A member of our management staff has made several attempts to call the merchant and left messages but the merchant never returned the manager’s calls. The merchant is encouraged to call our RMA Support team at ###-###-#### to discuss the options available regarding POS training and to address all other concerns.  Harbortouch has reached out to the merchant: 10/3/17 – Harbortouch sent the merchant a new keyboard at no charge to the merchant. 10/3/17 – A voicemail message was left by K. R[redacted] on the owner’s phone.  NO return call. 10/4/17 – A voicemail message was left by K. R[redacted] on the owner’s phone.  NO return call.The Independent Sales Organization (ISO) is an independent contractor and not an employee of Harbortouch. The written contract supersedes any verbal agreement. The contract between Harbortouch and the merchant is the written Agreements as previously stated and provided. Legal Group Harbortouch

HT Response 10/19/2015
We are sorry to hear of the merchant’s dissatisfaction with
Harbortouch’s products and services. 
Harbortouch values each merchant it serves, realizing that exceptional
customer service is just as important as competitive pricing and innovative
products.  We...

take the loss of a
customer’s business very seriously and, if given the opportunity, will do
whatever we can to make the merchant a satisfied Harbortouch customer.
On April 9, 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. Your client 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.
After a detailed review of the merchant account Harbortouch
recognizes that the merchant never processed using the credit/debit card
terminal.   The account was closed in our
database on August 17, 2015 by our risk department with a balance owed of
$495.86.  Although the fees are valid in
accordance to the Merchant Transaction Processing Agreement inclusive of the
Terms and Conditions we are willing to find an amicable resolution. 
It has been determined that the merchant is still in possession
of the replacement processing equipment. 
We are providing the merchant with UPS shipping labels to return the
equipment at no cost to the merchant. 
Once we are in receipt of the returned equipment we will write-off the
balance of $495.86 currently in collection. 
Otherwise an additional fee of $645 (Terminal $450 + PIN pad $195) for
non-return of the equipment will be charged to the merchant account (See Terms
and Conditions FT Program).
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 is the written
Agreement signed and dated as referenced above.  
 
The $300 was a charge made by the ISO and was not a
charge to the merchant by Harbortouch.  Harbortouch
has never been in receipt of the $300 the merchant references.  Harbortouch offers free terminals to
merchants to process using our services. 
Therefore, we would not ask the merchant to pay $300 for a terminal.    
 Legal Group
Harbortouch

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
 Complaint: [redacted]
I am rejecting this response because:
This is not true what the merchant said.  The cancellation request was sent on January 16th 2018 for the first time. The February 22, 2018 was the 5th or 6th request for the termination and based on the last phone conversation the sales agent kept cancelling the termination request.  During the almost 3 years of service we contacted the merchant several times with the problems with the service, programming and performance of the service.  We finally couldn't take it any more, this was the reason for the cancellation.  We went through lots of distress during this period of time, they said they will change the programming, improve the quality of the service but never did.  We would like to get some kind of refund for the inconvenience.  We are requesting the termination fees refunded for that reason.Thank you
Regards,
[redacted]

On January 6, 2012 the merchant entered into an [redacted] Merchant
Transaction Processing Agreement (“Processing Agreement”). Harbortouch has full
corporate authority to act on behalf of [redacted].  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 initial term of the Processing Agreement
is for three (3) years and renews automatically for consecutive two (2) year
terms.  Please see Section 4.2 from the
Terms and Conditions regarding the terms.
4.2 At the
expiration of the INITIAL TERM, this AGREEMENT will automatically renew for
successive two (2) year periods (“RENEWAL TERM”) unless terminated as set out
below.
In order for a merchant to
continue receiving credit/debit card processing services, the merchant is
required to have an active contract whether it is in the initial term or a
renewal period. 
·        
On 1/20/2015 the
merchant contacted customer service indicating the need to upgrade their
processing terminal.  Harbortouch offered
a one time courtesy by lowering the cost of the replacement terminal and the
merchant agreed to continue processing with Harbortouch.
·        
On 8/18/2015
Harbortouch received the Seasonal Hold Activation form signed and dated 8/12/15
from the merchant.  Please see Step 3. 
On 9/14/15 the merchant contacted customer service to cancel
the merchant account. 
All processing fees and charges are valid in accordance with
the terms and conditions of the Processing Agreement. An early termination fee
of $250 will be applicable. Legal GroupHarbortouch










10/12/2015






Complaint

Harbortouch has failed to provide fee amounts to merchant, specifically quarterly service fee amount is not stated in any agreements with company. Harbortouch debits assessed fees within first five days each month without providing access to statements outlining such fees until end of month. ...

Harbortouch failed to notify merchant of security breaches occurring within their systems.







Desired Resolution

Termination of service agreement with no penalties assessed to merchant.

Consumer Business Dialog

[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:yes, they have reached out to us, which was very kind, however,  none of the issues have been resolved.  We were not satisfied with the new log me in account with the new email address,  this is still not what we were promised and we still feel lied to and betrayed.  It has been proven time and again that log me in is not secure,  however this is the only way they are trying to appease the situation.  We are being bullied by harbor touch into accepting what they offer us, instead of what they promised us. They are building their business on lies and we as the merchant are suffering the consequences.  We have told them time and again that we are not comfortable using log me in and yet they keep insisting that this is the answer to our issue. We need retail lighthouse that let's us enter and monitor inventory and allows us to input invoices.  This was the main selling point to us on this system which had been years ago and still to this very date we are being told that they are working on it. Same with the EMV card reader. We were told that we would have it in September,  especially due to the seriousness of our system being hacked. What they sent us is the same agreement we refused before, we will not sign any additional contracts with Harbor touch. After we did not receive the POS system with the integrated card reader in September we were told that we would have it by the end of the year 2015, now we are almost to the end of January 2016 and still don't have it. They just keep sending us work arounds instead of the products that were actually promised. We stand behind our dissatisfaction with Harbor Touch and feel that they know they are doing us wrong but it just doesn't matter to them because of how much bigger of a company they are than us. The only way we will be satisfied is when we receive the above mentioned lighthouse and integrated card reader. We appreciate the break on the fees but feel they are just trying to make this go away instead of doing what was promised.  
Regards,
[redacted]

[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 funds were released on July 2, 2015 and deposited into the merchant’s
account on 7/3/2015. Legal GroupHarbortouch

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. After a detailed review of the merchant account we have written-off the balance in collections for both accounts bringing the accounts to $0.00.  The merchant has not obligation to Harbortouch. Legal Group Harbortouch

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
 Complaint: [redacted]
I am rejecting this response because: we are not transferring the contract to new management without knowing the terms of the contract.  I requested in writing the service be cancelled and feel I have gone above and beyond to rectify this situation.  I am done, legal action will be taken if the company attempts to withdrawal money for the Farmers Cooperative Society No 1 bank accounts. 
Regards,
[redacted]

After a detailed review of the merchant account, Harbortouch has determined the individual filing the Revdex.com complaint is not the owner of the merchant account or an authorized signer.  No further information will be provided regarding this merchant account. Legal GroupHarbortouch

On October 3, 2017 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 attached. 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. After a detailed review of the merchant account, Harbortouch is willing to terminate the account with no early termination fee (“ETF”) (33 months X $35 totaling $1,190) after we are in receipt of the equipment.The merchant is responsible for returning the equipment as per the Account Setup/Placement Form Section 6 as signed and dated by the merchant (please see attachment).An additional non-return of equipment fee of $450 will be charged to the merchant account if we do not receive the processing equipment. We encourage the merchant to return the equipment to avoid the ETF and non-return of equipment fee being assessed to the merchant account.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 GroupHarbortouch

[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 as Answered]
 Complaint: [redacted]
I am rejecting this response because: I cancelled both merchant and pos on June 3rd.  I have attached 3 files of correspondence with Harbortouch.  I have not had a phone conversation with them, I had an email from them on Dec. 6th.  
Regards,
[redacted]

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 its prior response. ·         The merchant should email three forms of ID to [email protected] to verify the signature on record in our files. We have no record in the merchant account of this being completed by the merchant.  ·         The merchant should email a copy of the contract he has to customersupport @harbortouch.com to verify the signature in addition with three forms of ID.  We have no record in the merchant account of this being completed by the merchant.  ·         Harbortouch is not in receipt of the deposit.  This is not Harbortouch’s policy.  It is a policy of the ISO and any dispute over the deposit is between the merchant and the ISO. ·         Harbortouch has confirmed with the ISO on 9/27/2016 that no lower rate was promised to the merchant. ·         The merchant is not processing any transactions according to our records. There are no rates to review since no transactions have been processed. Legal GroupHarbortouch

To whom it may concern,     I have never received a physical form to cancel this agreement. I have contacted these people time after time to stop this agreement, and continuously get transferred all over their network. I understand what they are saying, and have done all they asked; however I cannot get this cancelled.     I also understand that they produce records of the initial agreement, but I never received any equipment from them to use in my business. I just received another notice of automatic withdraw from my checking account, and it has risen again.     All I want is to get this stopped, they have not provided any service to my business, except a monthly charge taken out of my account. They are just getting money for no service. How can they charge for services rendered without me receiving any equipment?Thank You, [redacted]                    Brazil Antiques and Collectibles

[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 as Answered]
 Complaint: [redacted]
I am rejecting this response because:the tickle have been create 9/20 and all information have been send (3 form ID and the original copy contract)
I called and confirm with customer service they recived
Dear User, Please find ticket solution given below: Merchant was emailed contract as requested Please find ticket details given below: From:[redacted].comSent:9/20/2016 3:54:46 PMTo:[email protected]:Re: Do Not Change Subject- Oriental market [redacted] - Ticket#[redacted]#can you email me the contract you received from salesman or fax [redacted] thankOn Tue, Sep 20, 2016 at 2:50 PM, <[email protected]> wrote:Dear User,This is to notify that ticket (ID:[redacted]) has been created as per your request.Note: Please do not change subject while replying to this mail. Please find ticket details given below: [redacted].comSent:9/20/2016 3:50:45 PMTo:[email protected]:[redacted] ID[redacted]-- kSent from [redacted] MobileRegards,Harbortouch Customer Service
Regards,
[redacted]

Our Account Resolution Manager has made several attempts to contact his merchant without success.  We would like the merchant to return the call at ###-###-#### to assist the merchant with Harbortouch products and services.   In the meantime, we will continue to make attempts to reach the merchant. I just tried again and the results are the same: I called [redacted] at [redacted] and left a messageI called [redacted] at [redacted] and left a messageI called [redacted] at [redacted] and number belongs to a [redacted] now Regards, Gail S. N[redacted], Paralegal for

We are sorry to hear of the merchant’s dissatisfaction with Harbortouch’s products and services.  Harbortouch values each merchant it serves, realizing that exceptional customer service is just as important as competitive pricing and innovative products.  We take the loss of a customer’s...

business very seriously and, if given the opportunity, will do whatever we can to make the merchant a satisfied Harbortouch customer.On March 4, 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 successive two (2) year terms. On August 3, 2016 an annual fee of $84.00 was charged to the merchant account that rejected for insufficient funds.  The annual fee is charged to the merchant account yearly.  In addition, a monthly service fee have rejected from the merchant account. The fees charged to merchant are valid in accordance to the Processing Agreement inclusive of the Terms and Conditions.  The merchant is responsible for maintain available funds in the designated merchant account.  We refer the merchant to the Terms and Conditions Section titled Funds Transfer Instructions.  …Merchant agrees to maintain sufficient funds in DESIGNATED ACCOUNT to cover debit transactions.  By signing this      AGREEMENT, MERHCANT states that it has authority to agree to such transactions and that the DESIGNATED ACCOUNT indicated is a valid and legitimate account for the handling of these transactions.  This authority is to remain in effect until BANK receives written notice from MERCHANT revoking it.  This authorization is for the payment of SALES, returns, and FEES, CHARGEBACKS, or any other sums owed between the PARTIES…  Harbortouch has written off the annual fee of $84.00 and the reject fee of $25.00.  We are writing off the remaining $5.00 service fee in collections bringing the merchant balance to $0.00.  Going forward we will not charge the merchant an annual fee, it has been removed from his account.   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. The merchant entered into two (2) distinct contracts with Harbortouch indicated below. A. Merchant Transaction Processing Agreement On November 28, 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.  B. Point of Sale System Transfer Agreement - Point of Sale Service Agreement On December 3, 2014, the merchant entered into a POS Transfer Agreement assuming the remaining terms of the POS System Service Agreement (“Service Agreement”) from the “Original Owner.  The merchant assumed the ownership of the POS Service Agreement with 22 months remaining in the contract.  The Service Agreement governs the terms and conditions whereby Harbortouch agreed to provide the merchant’s business with a POS system, at little to no upfront cost, based on their commitment to complete the remaining 22 months of the original 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 POS Transfer Agreement with the Service Agreement is attached to this letter. The merchant contacted Harbortouch on June 6, 2016 to cancel their processing account.  The Processing Agreement indicates on Page 4 Special Instructions for a required 90 day notice to cancel without no early termination fee (ETF).  Harbortouch has cancelled the Processing Agreement without early termination fee on December 6, 2016.  The 90 day required notice to cancel was not applicable to the Harbortouch POS Service Agreement.  The merchant entered into a five year (60 months) contract.  The early termination fee applied to the merchant account is applicable in accordance to the Service Agreement inclusive of the Service Agreement Terms and Conditions Section 8.4. (46 months remaining on the contract x $59 monthly service fee). The Notice of Amendment to the POS Service Agreement is in accordance to the Service Agreement Terms and Conditions (Section 10.5 of the Service Agreement Terms and Conditions).  The merchant was provided thirty (30) day notice that a $75.00 inactivity fee would be assessed to the merchant account for inactivity. On September 22, 2016 the Account Resolution Manager spoke with merchant via telephone explaining the POS Inactivity Fee can be avoided, if the merchant continues processing with Harbortouch. However, Harbortouch is issuing a credit to the merchant for $150 which the merchant will receive in three to five business days. The POS Service Agreement Terms and Conditions Section 3.5 details that the POS Service Agreement requires the merchant to exclusively process credit/debit card transactions with Harbortouch (f/k/a United Bank Card, Inc.).  Therefore, the cancellation of the Processing Agreement terminates the Service Agreement with the applicable ETF charged to the merchant. Harbortouch is willing to work with the merchant to reactivate processing services.  I suggest the merchant contact our Account Resolution Manager at 800.201.0461 ext 264 to discuss possible options available to the merchant. 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.