Starkart

The customer is seeking a refund resolution based on a guarantee or warranty issue of her interpretation of an “implied contract”.  However, the contract the customer is referring to is NOT an implied contract but an “express contract” establishing the terms and agreement in a written...

contract, which the customer agrees further down in her complaint that she signed.  We do acknowledge that the customer has contacted Starkart, her rep and spoken to the executive vice-president of the company to complain about her ads.   Although, the complaints she called about are not the complaints she notes in her letter to the Revdex.com.   In addition, this customer has filed numerous complaints with her credit card provider from the very beginning of her contract alleging breach of contract before she was even set to be installed.  None of the credit card disputes have been reversed by the credit card provider as her complaints were unfounded. The written contract and the Welcome email sent to the customer once her contract was accepted by Starkart establishes the dollar amount of the contract, the payment terms, the amount of each payment, what the customer purchased, the start date of installation, the percentage number of carts purchased and the length of the contract.  The contract states where the ads will be installed, that the customer acknowledges that she has not relied upon any promise or statement made outside of the contract, and that the actual start date may vary from the target date.  Nowhere in the contract does it guarantee a certain number of carts or ads to be installed, but in every instance, refers to a percentage of the available carts in the store. All of the aforementioned terms were met by Starkart.  Starkart tried very hard to satisfy the requests of the customer by giving the customer additional space in cycles 12 and 13, as well as doubling the percentage of the ads to be displayed on both sides of the contracts instead of just the one side purchased by the customer in cycle 1 and 2, and sending auditors to the store and taking pictures of the ads.  It didn’t matter, this customer was not happy and she was not happy from the beginning.    Starkart believes that the services have been provided and rendered properly per the terms of the contract.  Conversely, the customer did breach her contract by failing to make her final payment thus causing Starkart harm as the customer was provided the advertising in the contract, Starkart paid all of the vendors related to the fulfillment of the contract and Starkart did not receive the final payment of the contract.  In addition, although our contract with the grocery stores, etc, do allow for blackout dates, we are not aware of any blackout dates for this store that interfered with this customer’s ads.  In fact, we provided the customer with photos for the November ads and provided an audit in December.  We also note that the customer’s ads ended March 20th, so I’m not sure why she was auditing the store in April. In summary, this customer has tried to cancel her contract from the beginning, before she was even set to be installed. Starkart has provided the services per the written contract.  The customer is in breach of contract for failure to make her last payment.  Therefore, no refund is warranted.

The customer did purchase advertising and his original
contract was set up to pay in 6 equal installments.  This was not a monthly contract with a flat
fee; the customer authorized Starkart to take 6 installment payments until the
contract was paid in full.  The...

contract
was paid in full on May 3, 2014 and all services purchased were provided.  The customer also signed up for the Auto Renewal program and
he was sent a renewal notice that included the amount of the payment to be
taken and when it would be taken.  However,
because his original contract was not scheduled to be paid in full until after
the start of the auto renewal program, which also required a payment, he was
called on April 30th for specific approval as there would be overlapping
payments.  The customer authorized the
payment for the auto renewal program and was given a discounted price for two
months because he was in two different stores and one of stores, had a different
start date.   He agreed to the
overlapping payments as we was very satisfied with his advertising and did not
want to stop the services.  The customer’s discounted price was to have been for two
months only, but due to a bookkeeping oversight, his account never reverted to
the full price.  The mistake was discovered
on August 20th and his file was updated. 
He received four months of service at the discounted price and because
the error was Starkart we did not try to recover the lost revenue from him.  The payment was adjusted to the correct price
and the full payment was taken August 22, 204 then 4 weeks later as stated in
the contract.
On September 25th, customer accounts received a
notice of cancellation from the customer. 
In the cancellation email he reports to have not been aware of the auto
renewal program, that one has to be a lawyer to read the contract and blames
the wording on the contract for getting him in the problem.  However, the wording on the contract is very
clear (see below), it is not underhanded or deceitful; it is in Bold and
underlined, and it is the second paragraph on the front of the contract just
below the signature line.  The program is
repeated in the “Welcome” email, including the instructions on how to cancel,
should he decide he did not want to be in the program.  He was also sent a follow up email 60 days
prior to the first payment being taken that outlined the payment amount and
when the program would be begin, as well as how to cancel.  He was personally called by the Canada
representative regarding the program due to the potential issue with the double
payments.  We find it curious that there
was no complaint until his payment reverted to the full amount.  We believe that he would have been perfectly
satisfied had the payments remained at the discounted price.
The Automatic Renewal Statement as shown on
the contract signed by the customer.
AUTOMATIC RENEWAL:
STARKART at the end of the initial term, will continue Advertiser’s Campaign at
the Price shown above, guarantee space availability as shown on Exhibit A and
allow Advertiser to continue their campaign and payments on a month by month basis
as described in Clause G below.
Term (G) states that the …. Advertiser may terminate this automatic renewal at
any time upon sixty days prior written notice to STARKART at the e-mail or
physical address shown above…
In addition, in his cancellation email to Starkart, the
customer included a complete list of every payment taken during the campaign that
clearly shows the amount and date of the payment.  He was aware of the payments that Starkart
was taking, he was aware of the amount of the original contract and he was
aware that there were different payment amounts for four months, but never
contacted customer accounts once to inquire as to what these payments were for until
he sent the cancellation notice, which is all Starkart requires to cancel the
auto renewal portion of the contract.
In closing, the customer was notified that his auto renewal
program is cancelled. I have placed two separate calls to him and left
messages, but he has not returned my call.  We will refund the customer any cycle or cycles
where services were not provided, which appears to amount to $1,396.50.  However, where services were provided to the
customer a refund is not warranted as the evidence does not support the
customer’s claim.  We would be more than
happy to speak with the customer directly if he would return my calls. 
Thank you for your commitment to providing an opportunity
for both sides to present their side of the story.

Complaint: 11450570
I am rejecting this response because:
I have enclosed a letter from my credit card company. They reviewed the pictures I sent and realized that StarKart failed to deliver the ad as agreed by the contract. I have been awarded half the money back and I can also show where it was put into my account. Starkart keeps sending copies of the contract and I don't deny signing it thinking they were reputable but if you look at my report. You can see that those are not my ads. I sent a report for every month and there was never satisfaction on my part.
Regards,
[redacted]

Complaint: 10062581
I am rejecting this response because:
I feel both answers that starkart has given tries to place blame on the customer.  I am sorry if the sales person lied or mislead me, however that is a hiring problem you have in your company. Your continued per distance to blame me for the poor customer service given is why this continues.  I can promise you that the first store has over 500 carts of which 15% would be 75.  It is the largest grocery store in the city. Has you just apologized this matter could have been closed and I would have given the response I I formed you of.  However your Continued blaming of the customer is the break down in your customer service.  Then you say it 8 not your fault that your salesman mislead me then did not call me back is laughable. That is your rep in the field, an extension of your company and is.your company.  You need to take responsibility for that and all blame of any sort off the customer.  Until then I will not be satisfied. 
Regards,
[redacted]

P[redacted] is correct that StarKart, as a company, does care about corporate ethics and acting in a responsible and equitable manner.  To that end we are committed to understanding what the client is saying, what transpired during the transaction...

and how this simple business transaction went from an amicable business agreement that included referrals to other business partners to a complaint to the Revdex.com from someone who identifies that he has Power of Attorney and then escalates to threats of NC and CA Attorney General office, and the Federal Consumer Financial Protection Bureau. In other words, “what the heck happened”. StarKart does not condone or encourage ISO’s to provoke offending or predatory behavior at any time with clients.  Robbins Media, has a reputation of fairness and transparency in the industry and these complaints against them seemed to be contradictory to the years of service they have provided to StarKart, as an independent sales organization.  After speaking directly to the president of Robbins’s Media, who was also at a complete loss as to why the complaint was filed, provided me with the notes from the vice-president of what transpired, as well as the email trail between B[redacted], to Connie and then Mary, to understand what occurred regarding the issues identified in the complaint. I believe that perhaps there is some confusion surrounding the “exclusive addendum” with Mary and Connie, so I hope I can help explain this in satisfactory manner. The contract for advertising was reviewed with each party, as part of the presentation, except for the request to be “exclusive”.  The “exclusive addendum” is a separate agreement and is not usually available at the time of presentation because it does require to be verified that “exclusive” can be offered in the requested location.  In some of the locations, there are more than one vendor selling advertising space on different parts of the cart and since the standard exclusive addendum addresses all grocery store ads, as well as other retail outlets, some of which we have exclusivity and others do not, it is verified, filled out and presented separately if “exclusivity” can be offered. The “exclusive addendum” sent was the standard addendum.  David did correctly state that both Mary and Connie would be exclusive in the particular locations they chose, as StarKart is the only vendor in these locations.  I did learn that Connie informed David that she was not happy with the wording of the “exclusive addendum” and although he did tell her that he wasn’t able to change the wording on the addendum, he would get something to her in writing to assure her that she would be exclusive.  David spoke with his manager that same morning, who sent an email on 6/28/16 to Connie letting her know that she would be exclusive and that the form sent covers all supermarket chains, but in the location that she chose, StarKart is the only vendor selling local advertising space and she would be exclusive.  On July 5th, B[redacted] received a reply from Mary who wrote that “We were a little perplexed as we entered this agreement paperwork and program unseen and when the paperwork arrived in our emailed. It spelled out terms different than we were told by David. We will correspond with youtomorrow.”  However, there wasn’t any further correspondence from Mary or Connie except a complaint filed on their behalf by P[redacted] Kavanaugh. We definitely hope to be able to work this out with the clients, as we do not want to lose their business or goodwill.  I will call Mary and Connie to confirm that P[redacted] indeed has Power of Attorney to speak on their behalf as he is not a party to the contract and would otherwise have no standing in the matter and to understand why they felt that they needed someone else to speak on their behalf when Mary said she would get back to B[redacted]. My understanding from the notes and email is that this was the only term that was mentioned to David and to B[redacted] that they were unhappy with and we can assure both Connie and Mary that they would be exclusive in the locations that they chose.  We sincerely hope that our firm commitment to them would assuage any misunderstanding or uncertainty about Robbins Media.  We sincerely apologize for any behavior or attitude that would suggest anything other than a professional and courteous relationship to our clients.

Advertising on carts is a wonderful and inexpensive means,
especially for industries such as realtors, to make themselves known to the
community.  Starkart sells advertising space
available on the serviceable carts that are in the store based on the inventory
and list...

provided to us by our vendor.   Advertising space purchased may be on the
front or inside of the cart and may include other advertisers in the same
industry.  All stores, and certain chain
stores in particular, may have their own rules regarding who, when and how cart
advertising will be handled, which we understand and work with the store and
our vendor to get the best possible presentation for our client. 
Many of the chain stores run national marketing campaigns
for certain industries and unfortunately, sometimes these campaigns may interfere
with our client’s own advertising.  
Although, Starkart may not have been aware of it at the time, as was the
case here, Starkart will contact the store and notify our client as to what
happened, what our options are and what Starkart will do for the client.  The client will always be given the
advertising that they purchased, which may result in their contract being extended
at no additional cost to the client where there was a disruption in the service
or a reduction in the number of ads purchased.  The client was offered an extension to
compensate for the 1- four week cycle for the national campaign for Realtor.com,
which she refused and demanded a refund because Realtor.com was a major competitor.  It should be noted that this client is a
member of Realtor.com and as the client said in her complaint, her ads ran
alongside this national campaign at the same time; imagine the exposure.  This client did not have “exclusive” rights,
which means that any additional realtor could appear on the carts, however in
this case, it was not just another realtor it was the national organization for
a limited campaign.
This is a business to business contract for advertising and
is non-cancelable.  The terms of the
contract allow the client to submit ad copy for each 4-week cycle, but the ad
must conform to the size and style allowed by the chain and the terms allow
Starkart to make this determination for any reason.  Terms of the contract allow Starkart to adjust
the schedule and installation where necessary. 
The client acknowledges when signing the contract that there may be a
reduction in the number of ads on the carts due to unforeseen circumstances,
that the client is not exclusive, and that none of the reasons as stated by the
client in her complaint constitute a breach of contract, which is why the client
lost the credit card dispute. 
Starkart hopes that all clients would be pleased with the
results of their campaign.  Where there
are issues, Starkart tries to work with the client to resolve those
issues.  The ads were created, printed
and installed for all 6 cycles purchased and the client refused the extension
of the contract or to work with us, therefore, the client is not entitled to a
refund.

I am very surprised that Mr. [redacted] responded in the way that
he did; this was not the
conversation he and I had regarding his
request for a refund.  Starkart delivered to the customer what was
promised in the contract, which was also confirmed by Starkart in its “Welcome”
email to him from customer accounts, then again in the “Welcome” phone call to
him from the installation department, as well as the many emails between him
and the graphics department, where the ad was created and finished from January through March. The “Welcome” email sent by customer accounts after
submission of the contract to Starkart by the sales rep restated exactly what
was purchased and informs the advertiser to contact Starkart immediately, if
any detail is different than what they agreed to at the time of signing.
 Mr. [redacted] did not reply to the "Welcome" email or call us,
that what he purchased was different than what was stated in the confirmation,
until after the results of his campaign were in the store.
The contract that Mr. [redacted] signed was a three party contract,
as such, the sales rep, the advertiser and Starkart are all responsible for
what was agreed upon in the contract.  The sales rep was authorized to
sell Starkart advertising space, based on the terms of the contract. The
printed terms of the contract contradict what Mr. [redacted] says the sales rep
told him.  Term (B) on the contract admonishes the Advertiser that he/she has not relied
on any promise, statement, representation or inducement, other than as
contained herein..., Term (I) identifies that the advertiser is purchasing
fifteen percent (15%) of the serviceable shopping carts in one store location
on one side of the SmartSource frame and all of the other terms are written in
plain English and identify the product and quantity that was purchased.
Mr. [redacted]’s statement that we did not provide the service is
not correct nor is the statement that Starkart  offered 20% of 50 carts. Starkart offered 30% of
the serviceable carts; this is how the product is sold, 1 slot at 15%, or 2
slots at 15% each or 3 slots at 15% each and so on.  Starkart offered to
extend the contract so that he would receive an additional cycle to make up for
the disparity in the number of carts that were installed in the first store.  We provide the advertiser what is in the
contract.  We want advertisers to check our services.  We work with
the advertisers to fix any issues, and even though we knew nothing about 50
carts, we offered to make this right as well, except that we cannot guarantee a
certain number of carts only a percentage of carts.  Mr. [redacted] was not
interested in working with us; he wanted 50 carts, and this was something we could
not provide.  Starkart could have held him to the contract he signed, as the contract was very clear as to what we provide, but
we didn't.  This was not about passing the blame, this was about
making it right and Starkart did that by giving Mr. [redacted] back all of his
money.
We are sorry that Mr. [redacted] had an unpleasant experience, but we did try to work with him.  We are also sorry that Mr.
[redacted] chose to follow up with a “warning” to others about our services and
chose to use this particular wording when he did not address this issue with
me. He said that the sales rep promised him 50 carts in each store location and
that sales rep failed to return his calls. 
He said that he would have worked with us if the sale rep had returned
his calls. Starkart stands behind their services. Always verify what
you think you purchased with the agreement that you signed, make sure that it
says the same thing as what you expected.  Hold the company to what the
contract says it will do and any good company will make it right if the
customer allows the company to make it right.  But to not allow the
company the opportunity to do just that and then say that they didn't try to
make it right or tried to do something entirely different, is not honest. We
did all that we could do to satisfy Mr. [redacted] and in the end Starkart did
exactly what he demanded that we do in his original complaint, we refunded 100%
of his money to him in spite of the costs incurred for the services that were
provided.  Starkart gave Mr. [redacted] a full refund, with only one request,
that he close his complaint with the Revdex.com.  He said that he would after he
received his refund.  The refund was sent immediately, the refund was
cashed and then chose to do the exact opposite of what he promised.  Starkart did do what we promised by sending
the refund.

Review: To whom it may concern,2 weeks ago I called about my starkart ad's. I had not seen them in the first store they were to be located in. This was the applewood payless store in Anderson, IN. I had been told that it would be put in 50 carts at the specified location. I had given about 6 locations and they would be put in 1 location and 50 carts at that location each cycle. I live close to the applewood location and do my shopping there. I had not noticed my ad on any of the carts, neither had any friends or family. I called in and asked and was told it was only put on 6 carts. I told Star Karts that was unacceptable and I could not spend $3000 on 6 carts as I was promised 50 each time per location. I was told that I would have to talk to my salesman Don Sanka. I asked if they could have him call me they said they would. 10 days passed and I called back to report Mr. Sanka had not called. They once again said they would have him call me. 2 more days passed and he still had not called and when I called you back I was told he had emailed me. So I went to his email replied and asked him to call me and I called and left a voicemail on his phone, still not call. I called the next day and left another voicemail still no call. So today I am writing this email to you at Star Kart. I am unsatisfied with the product, I am VERY unsatisfied with my salesperson. I am requesting a full refund of my $3000 as my next phone call to you will be from my attorney. This is horrible customer service and will be expecting my refund in 3 days.Thank you[redacted]Morgan Properties###-###-####Desired Settlement: I paid $3000 for this advertising. I feel I did not get what I paid for and deserve a full refund of $3000.

Business

Response:

We are sorry that Mr. [redacted]’s experience was not a pleasant

one. The customer was promised 50 carts

in each location, but due to unforeseen circumstances and through no fault of

Starkart the installation was not fulfilled in a timely manner.

Mr. [redacted] did speak to Starkart as soon as

he noticed that his installation was not correct. He was offered additional exposure on his

next cycle and his campaign was extended an additional cycle. Since Mr. [redacted] purchased a contract where he

moved from location to location, it was not possible to increase the exposure

until the next cycle. The contract terms

do allow Starkart the ability to move the customer to another store and/or

increase the exposure. Mr. [redacted] was

installed in 2 of the 6 cycles purchased.

Unfortunately, Mr. [redacted] was not happy because his sales rep failed to return his calls and was not willing to allow Starkart to complete the

balance of his contract. We understand

his frustration with not having his calls returned by the sales rep; a simple phone call could have resolved his concerns. We

have issued Mr. [redacted] a full refund and he has agreed to remove his post once

he receives the check.

Thank you.

Controller

Business

Response:

I am very surprised that Mr. [redacted] responded in the way that

he did; this was not the

conversation he and I had regarding his

request for a refund. Starkart delivered to the customer what was

promised in the contract, which was also confirmed by Starkart in its “Welcome”

email to him from customer accounts, then again in the “Welcome” phone call to

him from the installation department, as well as the many emails between him

and the graphics department, where the ad was created and finished from January through March. The “Welcome” email sent by customer accounts after

submission of the contract to Starkart by the sales rep restated exactly what

was purchased and informs the advertiser to contact Starkart immediately, if

any detail is different than what they agreed to at the time of signing.

Mr. [redacted] did not reply to the "Welcome" email or call us,

that what he purchased was different than what was stated in the confirmation,

until after the results of his campaign were in the store.

The contract that Mr. [redacted] signed was a three party contract,

as such, the sales rep, the advertiser and Starkart are all responsible for

what was agreed upon in the contract. The sales rep was authorized to

sell Starkart advertising space, based on the terms of the contract. The

printed terms of the contract contradict what Mr. [redacted] says the sales rep

told him. Term (B) on the contract admonishes the Advertiser that he/she has not relied

on any promise, statement, representation or inducement, other than as

contained herein..., Term (I) identifies that the advertiser is purchasing

fifteen percent (15%) of the serviceable shopping carts in one store location

on one side of the SmartSource frame and all of the other terms are written in

plain English and identify the product and quantity that was purchased.

Mr. [redacted]’s statement that we did not provide the service is

not correct nor is the statement that Starkart offered 20% of 50 carts. Starkart offered 30% of

the serviceable carts; this is how the product is sold, 1 slot at 15%, or 2

slots at 15% each or 3 slots at 15% each and so on. Starkart offered to

extend the contract so that he would receive an additional cycle to make up for

the disparity in the number of carts that were installed in the first store. We provide the advertiser what is in the

contract. We want advertisers to check our services. We work with

the advertisers to fix any issues, and even though we knew nothing about 50

carts, we offered to make this right as well, except that we cannot guarantee a

certain number of carts only a percentage of carts. Mr. [redacted] was not

interested in working with us; he wanted 50 carts, and this was something we could

not provide. Starkart could have held him to the contract he signed, as the contract was very clear as to what we provide, but

we didn't. This was not about passing the blame, this was about

making it right and Starkart did that by giving Mr. [redacted] back all of his

money.

We are sorry that Mr. [redacted] had an unpleasant experience, but we did try to work with him. We are also sorry that Mr.

[redacted] chose to follow up with a “warning” to others about our services and

chose to use this particular wording when he did not address this issue with

me. He said that the sales rep promised him 50 carts in each store location and

that sales rep failed to return his calls.

He said that he would have worked with us if the sale rep had returned

his calls. Starkart stands behind their services. Always verify what

you think you purchased with the agreement that you signed, make sure that it

says the same thing as what you expected. Hold the company to what the

contract says it will do and any good company will make it right if the

customer allows the company to make it right. But to not allow the

company the opportunity to do just that and then say that they didn't try to

make it right or tried to do something entirely different, is not honest. We

did all that we could do to satisfy Mr. [redacted] and in the end Starkart did

exactly what he demanded that we do in his original complaint, we refunded 100%

of his money to him in spite of the costs incurred for the services that were

provided. Starkart gave Mr. [redacted] a full refund, with only one request,

that he close his complaint with the Revdex.com. He said that he would after he

received his refund. The refund was sent immediately, the refund was

cashed and then chose to do the exact opposite of what he promised. Starkart did do what we promised by sending

the refund.

Consumer

Response:

Review: 10062581

I am rejecting this response because:

I feel both answers that starkart has given tries to place blame on the customer. I am sorry if the sales person lied or mislead me, however that is a hiring problem you have in your company. Your continued per distance to blame me for the poor customer service given is why this continues. I can promise you that the first store has over 500 carts of which 15% would be 75. It is the largest grocery store in the city. Has you just apologized this matter could have been closed and I would have given the response I I formed you of. However your Continued blaming of the customer is the break down in your customer service. Then you say it 8 not your fault that your salesman mislead me then did not call me back is laughable. That is your rep in the field, an extension of your company and is.your company. You need to take responsibility for that and all blame of any sort off the customer. Until then I will not be satisfied.

Regards,

Review: I contracted with StaKarts to install advertisements as a local REALTOR in Bed Bath & Beyand. 80% of the carts for 6 month, the other 20% was to be internal Bed Bath & Beyond products or promotions.I went in to check the carts after installation only to find my ad on very few and on the rest of the carts REALTOR.com ads! I huge competitor. I contacted Star Karts and they said they said that could not be true and they would audit them but I demanded a refund, also the graphic designer that was doing my next ad told me that I could no longer advertise my USP and/or slogan per Bed Bath & Beyond. At that point I called AMEX and disputed the charge because Star Karts refused to give a refund. the following month there were no ads on the carts at all. I assumed they were refunding AMEX, I was notified a few weeks later that AMEX could not get a refund because there was a contract. I went into check the carts again and there was an ad that I had not approved on all 90% of the carts! This company takes advantage of it's size and small resources available to realtors with their signed contract and then does not provide the services expected and does nothing in return. I will be taking them to small claims court.Desired Settlement: Refund Only

Business

Response:

Advertising on carts is a wonderful and inexpensive means,

especially for industries such as realtors, to make themselves known to the

community. Starkart sells advertising space

available on the serviceable carts that are in the store based on the inventory

and list provided to us by our vendor. Advertising space purchased may be on the

front or inside of the cart and may include other advertisers in the same

industry. All stores, and certain chain

stores in particular, may have their own rules regarding who, when and how cart

advertising will be handled, which we understand and work with the store and

our vendor to get the best possible presentation for our client.

Many of the chain stores run national marketing campaigns

for certain industries and unfortunately, sometimes these campaigns may interfere

with our client’s own advertising.

Although, Starkart may not have been aware of it at the time, as was the

case here, Starkart will contact the store and notify our client as to what

happened, what our options are and what Starkart will do for the client. The client will always be given the

advertising that they purchased, which may result in their contract being extended

at no additional cost to the client where there was a disruption in the service

or a reduction in the number of ads purchased. The client was offered an extension to

compensate for the 1- four week cycle for the national campaign for Realtor.com,

which she refused and demanded a refund because Realtor.com was a major competitor. It should be noted that this client is a

member of Realtor.com and as the client said in her complaint, her ads ran

alongside this national campaign at the same time; imagine the exposure. This client did not have “exclusive” rights,

which means that any additional realtor could appear on the carts, however in

this case, it was not just another realtor it was the national organization for

a limited campaign.

This is a business to business contract for advertising and

is non-cancelable. The terms of the

contract allow the client to submit ad copy for each 4-week cycle, but the ad

must conform to the size and style allowed by the chain and the terms allow

Starkart to make this determination for any reason. Terms of the contract allow Starkart to adjust

the schedule and installation where necessary.

The client acknowledges when signing the contract that there may be a

reduction in the number of ads on the carts due to unforeseen circumstances,

that the client is not exclusive, and that none of the reasons as stated by the

client in her complaint constitute a breach of contract, which is why the client

lost the credit card dispute.

Starkart hopes that all clients would be pleased with the

results of their campaign. Where there

are issues, Starkart tries to work with the client to resolve those

issues. The ads were created, printed

and installed for all 6 cycles purchased and the client refused the extension

of the contract or to work with us, therefore, the client is not entitled to a

refund.

Consumer

Response:

Review: 10845636

I am rejecting this response because: Yes please, this was my last contact with them.

Review: I signed a contract with StarKart for 6 months of advertising services. The contract specified a fixed fee for this service and which months the advertising would commence and terminate. StarKart took the initial deposit and began charging my Visa every month from that date forward. To date I have been charged for 10 months of service but only received 6 months of advertising. I addition to this, section (I) of their contract has an autorenewal feature. Starkart will continue to bill for services after the completion of the set contract. You need to be a lawyer in order to interprete this section. By NOT signing section (I) of the contract you are agreeing to allow StarKart to bill you for additional services beyond the date of the contracts completion. I believe it is done delibeartly to extend their service past the original contract date. This practice is underhanded and deceitful.Desired Settlement: I signed a contract for what I believed to be 6 months of advertising service with StarKart. The contract sets a fixed price for the six months and identified which 6 months the advertising would take place. The original contract was for $3,769.50. StarKart has charged $6,282.49 to my Visa. An average of $628.25 per month from December to September.I am seeking a refund in the amount of $2,512.99. Starkart has not to date acknowledged my request for a refund.

Business

Response:

The customer did purchase advertising and his original

contract was set up to pay in 6 equal installments. This was not a monthly contract with a flat

fee; the customer authorized Starkart to take 6 installment payments until the

contract was paid in full. The contract

was paid in full on May 3, 2014 and all services purchased were provided. The customer also signed up for the Auto Renewal program and

he was sent a renewal notice that included the amount of the payment to be

taken and when it would be taken. However,

because his original contract was not scheduled to be paid in full until after

the start of the auto renewal program, which also required a payment, he was

called on April 30th for specific approval as there would be overlapping

payments. The customer authorized the

payment for the auto renewal program and was given a discounted price for two

months because he was in two different stores and one of stores, had a different

start date. He agreed to the

overlapping payments as we was very satisfied with his advertising and did not

want to stop the services. The customer’s discounted price was to have been for two

months only, but due to a bookkeeping oversight, his account never reverted to

the full price. The mistake was discovered

on August 20th and his file was updated.

He received four months of service at the discounted price and because

the error was Starkart we did not try to recover the lost revenue from him. The payment was adjusted to the correct price

and the full payment was taken August 22, 204 then 4 weeks later as stated in

the contract.

On September 25th, customer accounts received a

notice of cancellation from the customer.

In the cancellation email he reports to have not been aware of the auto

renewal program, that one has to be a lawyer to read the contract and blames

the wording on the contract for getting him in the problem. However, the wording on the contract is very

clear (see below), it is not underhanded or deceitful; it is in Bold and

underlined, and it is the second paragraph on the front of the contract just

below the signature line. The program is

repeated in the “Welcome” email, including the instructions on how to cancel,

should he decide he did not want to be in the program. He was also sent a follow up email 60 days

prior to the first payment being taken that outlined the payment amount and

when the program would be begin, as well as how to cancel. He was personally called by the Canada

representative regarding the program due to the potential issue with the double

payments. We find it curious that there

was no complaint until his payment reverted to the full amount. We believe that he would have been perfectly

satisfied had the payments remained at the discounted price.

The Automatic Renewal Statement as shown on

the contract signed by the customer.

AUTOMATIC RENEWAL:

STARKART at the end of the initial term, will continue Advertiser’s Campaign at

the Price shown above, guarantee space availability as shown on Exhibit A and

allow Advertiser to continue their campaign and payments on a month by month basis

as described in Clause G below.

Term (G) states that the …. Advertiser may terminate this automatic renewal at

any time upon sixty days prior written notice to STARKART at the e-mail or

physical address shown above…

In addition, in his cancellation email to Starkart, the

customer included a complete list of every payment taken during the campaign that

clearly shows the amount and date of the payment. He was aware of the payments that Starkart

was taking, he was aware of the amount of the original contract and he was

aware that there were different payment amounts for four months, but never

contacted customer accounts once to inquire as to what these payments were for until

he sent the cancellation notice, which is all Starkart requires to cancel the

auto renewal portion of the contract.

In closing, the customer was notified that his auto renewal

program is cancelled. I have placed two separate calls to him and left

messages, but he has not returned my call. We will refund the customer any cycle or cycles

where services were not provided, which appears to amount to $1,396.50. However, where services were provided to the

customer a refund is not warranted as the evidence does not support the

customer’s claim. We would be more than

happy to speak with the customer directly if he would return my calls.

Thank you for your commitment to providing an opportunity

for both sides to present their side of the story.

Review: I signed, what I thought, was an exclusive contract to advertise on grocery carts with Star Kart in the Carmel area. My sales rep also explained that I would be on 50 plus carts. After the advertising started I went to the grocery store to look at my ads and to my surprise I found out I was not exclusive and I was only on 20 carts. I contacted my ad rep who explained to me that I was to be exclusive and should have been on more carts and that he would get it taken care of right away. After not hearing from my rep again I contact Star Kart directly who informed me they were a third party who handles the contracts and that I would have to contact Star Lanes, USA to fix this issue. I have called Star Lanes, USA several times and only get a voicemail. Star Lanes, USA has not returned my calls and Star Kart claims they cannot help me. I filed a dispute with my bank and received my money back only to have Star Kart show them my contract. The bank return my money back to them. I have an e-mail from my sales rep explaining I should have been exclusive and on more carts, but he states this issues is out of his hands and Star Kart cannot refund my money.Desired Settlement: I paid $1,050.00 to Star Kart and would like my money return for lack of service.

Consumer

Response:

Review: 9688455

I am rejecting this response because: I am really not sure why we are discussing calling or not calling Starkart. I did try reaching out to Starkart in the beginning, before I contacted my bank, as I mentioned in prior statements. I also made several attempts to contact Starlines USA. I never received a call back for them and my sales rep had stopped returning my calls. Once again, I mentioned this in prior statements. Also, as mentioned in prior statements, I stopped payment for services not rendered. I was promised an exclusive contract and that was not delivered. I am not sure which part regarding any of my prior statements Starkart does not understand! Starkart mentions they received an e-mail from Starlines USA about this matter. I would like to see that e-mail. I also do not understand this statement from Starkart, "Starkart does not condone such dishonest acts perpetrated by the advertiser as it would damage the reputation of Starkart." Is Starkart insinuating that I am the one who committed the dishonest act? I am also not sure why Starkart continues to dance around the fact a sales rep from Starlines USA, a company Starkart represents, lied to me! I e-mailed Starkart the e-mail string between myself and the sales rep as they requested. In my 20 plus years in the customer service industry I have never seen companies, such as Starkart and Starlines USA, act in this manner. I would like Starkart to stop making excuses, take care of the customer and get this matter resolved ASAP!

Regards,