Wholesale Merchant Processing

[redacted] Please See Attached Documents [redacted] Beaverton, OR 97008(888) 381-Ext [redacted] To: [redacted] Revdex.comPO Box 1000DuPont, WA 98327(206) 431-[redacted] [redacted] @theRevdex.com.orgRE: [redacted] , Business Executive [redacted] ***Red Bluff, CA [redacted] Complaint ID [redacted] December 14, 2015To Mr [redacted] and All Concerned Parties:I, Anna P [redacted] , am responding on behalf of Wholesale Merchant Processing (WMP) astheir Public Relations AdministratorThis letter will address the Revdex.comcomplaint issued on behalf of Mr [redacted] in the hopes of achieving an amicableresolution.As of November 17, 2015, Wholesale Merchant Processing reconciled the cancellation termsof Mr [redacted] ’s accountMr [redacted] terminated his merchant processingenrollment with WMP and all fees and charges were settled in the customer’s favorWMP hasdocumentation and record of correspondence to validate this resolution and believes thematter to be fully resolved.Wholesale Merchant Processing is mindful of the need to accommodate for the demands ofthe clientAs a company that thrives only due to its customers’ satisfaction, WholesaleMerchant Processing often meets its customers' petitions for service changes, contractmodifications, and other requests without owing any legal or fiscal obligation to the clientInthis particular scenario, WMP understood Mr [redacted] ’s desire for indemnity and assistedhim to the best of the company’s ability and resources in finding a way to alleviate thesituation.Here at Wholesale Merchant Processing, we strongly prefer a mutually beneficial conclusionto this business matterWe regret having to end our professional contract with Mr [redacted] , but WMP fully understands the nature of a free market and that industry thriveson always putting the consumer’s and client’s preferences as first priorityWe hope that in thespirit of good faith and business practice, that this will be considered a congenial end to ourtransaction correspondenceIf Mr [redacted] ever wishes to renew a professionalrelationship with our merchant processing services, we at WMP would welcome theopportunity to earn back his patronage.Finally, WMP would like to thank Mr [redacted] for bringing his account issues to ourattention We highly value customer feedback as it helps us progress and grow as acompany .Mr [redacted] may feel free to contact me directly at [redacted] orcall my office phone at (888) 381-extension [redacted] with any further questions orconcerns.Best Regards,Anna P [redacted] Public Relations Administrator, Wholesale Merchant Processing

Tell us why Thank you for sending in the fax confirmation I apologize for the delay in getting back to you I now have a clearer picture of the facts surrounding your cancellation On 10/12/11, you signed a Merchant Application and a Merchant Receipt Form (MRF) The Merchant Receipt Form, just above your signature states "“By signing below, you represent and agree that: (1) The information in and accompanying this form is complete and correct; (2) you have read and received a copy of the Placement Agreement terms and conditions and agree to be bound by that agreement, and; (3) you are authorized as an officer, partner, manager or owner to submit to this form and to bind the Merchant to this Placement Agreement.” (underline added for emphasis).Under the terms and conditions of the Placement Agreement, the initial term of the agreement is three years with an automatic renewal for additional terms of two years each unless either party notified the other within thirty days prior to the end of the current term that it did not wish to renew the agreement The initial three year term then, started on 10/12/and ended on 10/11/ The first automatic renewal term began on 10/12/and ended on 10/11/A second renewal term began on 10/12/ Your cancellation notice was fax'd to us on 11/24/ Unfortunately, that notice was not "within thirty days prior to the end of the current term." The renewal term of one year had already begun so, in effect, the cancellation was an early termination and subject to the early termination fee of $as specified in the Merchant Application In addition, you stopped processing payments for over days, which, under the terms and conditions of the Merchant Application allows WMP to terminate the agreement.The Placement Agreement terms and conditions also provide under item number four, “Effect of Termination”: “Upon and termination, NAPS shall also have the right to collect from Merchant any fees that were waived including, but not limited to, the Application Fee, Programing Fee and Installation Fee.”Due to early termination, you were billed the fees which appears on the face the Merchant Receipt Form but had been previously waived; $Programming Fee, $Installation Fee, $File Build Fee and a $Application Fee for a total of $893.98. Finally, the Placement Agreement provided that: “Upon any termination of this Agreement, Merchant must return any Equipment to WMP In the event Merchant fails to return the Equipment upon request by WMP or returns equipment that is damaged, defective, malfunctioning, or it is not in good working order, Merchant shall purchase the equipment for the full retail price of the Equipment “You were billed $for equipment returned However, the MRF specified that the equipment's value WMP is willing to adjust his rates and work with you on any issues you have if you will reconsider cancelling and continue using WMP services WMP is mindful of the need to accommodate demands for satisfaction As a company that thrives only due to its satisfied customers, WMP often meets its customer’s requests for service changes, contract modifications and other requests including waiving past fees and penalties that it is not obliged to WMP regrets Mryour desire to cancel and strongly prefers a mutually beneficial conclusion to this business relationship Additionally, WMP strives to provide excellent customer service to merchants and would like to see an amicable resolution to this situation WMP would like to resume its business relationship with you and and we hope that he would consider working with WMP to find a positive resolution For the quickest possible resolution, please contact us at [redacted] @smartchoicepayments.comhere

I am not an attorneyI am a legal assistant in the legal department on behalf of Wholesale Merchant Processing ? ? Customer closed their account with our companyThe fees at which customer stated are closing fees stated on his contract at which he signed ? Above the signature line are the sections the customer was agreeing to have read BEFORE SIGNING: "By signing below, you represent and agree that: 1) the information in and accompanying this form is complete and correct; 2) you have read and received a copy of the Placement Agreement terms and conditions and agree to be bound by that agreement, and; 3) you are authorized as an officer, partner, manager, or owner to submit to this form and to bind the Merchant to this Placement Agreement: ? ? The Placement Agreement terms and Conditions also provide under the item #4, "Effect of Termination": ? Upon and termination Golden Nails shall also have the right to collect from merchant any fees that are waived including, but not limited to, the Application Fee, Programming fee and Installation fee." ? Therefore, due to early termination, the customer was billed the fees which appears on the face the merchant receipt form but had been previously waived; 1) Programming fee 2) Installation fee 3) File Build fee 4) Application fee 5) ETF fee 6) Unpaid Processing fee ? ? At which time customer refused to pay any fees at the time of closingOur company has tried several times to work this out with this customer, and this customer refuses to pay any fees or to work anything out at this time ? ? ? ?

Complaint: [redacted] I am rejecting this response because: I spoke with the company in when I paid the $cancellation fee, if there were any other penalties and was told no Again in when the company tried to charge another $cancellation fee, I was refunded any told no other fees were owed You can not simply wait years after contract was cancelled and make up fees to charge someone I have the full copy of my contract and these fees are not in the contract Sincerely, [redacted]

Complaint: [redacted] I am rejecting this response because: I do understand what the legal department is saying but right now in my business and you can tell by the amounts that have come through that they are small and business at time is failingWould like to remove said equipment and just not except credit cards to save my business expense at this time because the amount is over and above what this business is doing, When I first signed on with this company back in September of and had to make changes with the equipment must have rewrote this contract for the leased equipmentbecause they told me that it was April of when this started and we still owe for monthsI am open for either lowering the fees so I can afford to accept credit cards or a reasonable cancellation fee to interrupt processing at this timeAt the time that we were doing all of this my father was very sick and has since passed away and I myself was suffering some health issues so I feel that with everything I just got overwhelmed at that time I don't think I should have signed an addition contract that needed to be switched out because your company sent me the wrong ones to begin with and had quite a time on setting these machine to work in my business properlySincerely, [redacted]

Their story does not match what I was told when I cancelled the account due to selling my business, and I believe that is the reason they waited years to contact me about it To reinforce that, I have added two attachments Written on the 1st page of the contract (please see attached file [redacted] 001.jpg), "credit for cancellation" and "fee waived cancellation", which would indicate I completed my obligation to them when I cancelled my account What has been done on both pages of the contract I attached - is that the business recently added circles, asterisks and text to show what fees I did not pay None of this was indicated on the original contract I contend that changing a contract after the fact is not honest, this I will take up with the attorney general I still want a letter or email to the fact that I owe nothing to this business No sane business waits 5+ years to attempt to collect 'debts' A company waits five years to hope people have tossed paperwork and have forgotten details, then changes a few documents and hope to make a few easy bucks From what I have read online this has been moderately successful strategy for this company, and why this company and it's numerous aliases rate as substandard by any set of business standards and ethics you want to use as a benchmark.

Complaint: [redacted] I am rejecting this response because:Sincerely, [redacted] Looking at my contract it says no termination fees, I have that in writing. In response to a spouse I do not have one never have, I have no idea who they spoke to. I talked to Brad times after the initial call , nothing was said then except my money is on the way It is a very poor way of doing business to take someone money out of an account five years after the date. What would have happened if that account was closed or the business was done? Would that business be free and clear?

Complaint: [redacted] I am rejecting this response because:Sincerely, [redacted]

***, Re: ID # [redacted] - Wholesale Merchant Processing Inc Please, post that we have resolved the issue Thank you PS I needed more time to respond but the Revdex.com sent me an email that they have closed this [redacted] ***

Complaint: [redacted] I am rejecting this response because:This is not a solution to the problem.All equip has been sent back to the company and need a contract closure.Sincerely, [redacted]

Their story does not match what I was told when I cancelled the account due to selling my business, and I believe that is the reason they waited years to contact me about it To reinforce that, I have added two attachments Written on the 1st page of the contract (please see attached file [redacted] 001.jpg), "credit for cancellation" and "fee waived cancellation", which would indicate I completed my obligation to them when I cancelled my account What has been done on both pages of the contract I attached - is that the business recently added circles, asterisks and text to show what fees I did not pay None of this was indicated on the original contract I contend that changing a contract after the fact is not honest, this I will take up with the attorney general I still want a letter or email to the fact that I owe nothing to this business No sane business waits 5+ years to attempt to collect 'debts' A company waits five years to hope people have tossed paperwork and have forgotten details, then changes a few documents and hope to make a few easy bucks From what I have read online this has been moderately successful strategy for this company, and why this company and it's numerous aliases rate as substandard by any set of business standards and ethics you want to use as a benchmark

Complaint: [redacted] I am rejecting this response because: No action has been taken on the part of Wholesale Merchant processingI am waiting for a call or email with details about refunding the money taken out of my accountI realize the person responsible was out of the office and will wait till March for their response.Sincerely, [redacted]

I am writing in response to your complaint filed with the Revdex.com referenced aboveIn reviewing the record of your account with Wholesale Merchant Processing (WMP), it appears that you became a customer when you signed a Merchant Application and a Merchant Receipt Form on November 15, There are two entries that pertain to your complaint: 08/27/12, 07:AM Note: received a cancel letter from merchant said she went with another company, because of lower rates and that if we wanted her to stay we would have just lower her rates for her, she said she will send another cancel letter in oct, cause she would have a etf right now Danelle A [redacted] 08/21/12, 12:PM Note: Julie [redacted] to cancel says that she has another company and has changed over already-tried to save but merchant wants to cancel.Advto send in cancel letter day close Geraldine H*** There is no indication that any additional cancellation letter was ever receivedIn any case, you had already notified that you were no longer processing with WMP in breach of your contractsSubsequently, your account was cancelled for inactivityThe copy of your alleged cancellation letter dated 10/09/that was faxed on April 5, is of no consequence since you had already reported that you had begun processing credit card payments with another company on August 21, and effectively terminated your agreement at that pointOn both of the bottom of the MRF you signed, just above your signature, the forms stated: “By signing below, you represent and agree that: (1) The information in and accompanying this form is complete and correct; (2) you have read and received a copy of the Placement Agreement terms and conditions and agree to be bound by that agreement , and; (3) you are authorized as an officer, partner, manager or owner to submit to this form and to bind the Merchant to this Placement Agreement.” (underline added for emphasis)The Placement Agreement terms and conditions also provide under item number four, “Effect of Termination”: “Upon and termination, WMP shall also have the right to collect from Merchant any fees that were waived including, but not limited to, the Application Fee, Programing Fee and Installation Fee.” You were billed the fees which appeared on the face of the updated Merchant Receipt Form but had been previously waived; $Programming Fee, $Application Fee, $Actual Set Up Fee, $Starter Kit, for a total of $WMP often times waives these fees in order to assist merchants to commence processing and then collects these fees in the event the contract is terminated earlyYou were not charged an Early Termination Fee ($350.00) as there is no provision for that in your contractsIt is my hopes that this letter has cleared up any confusion about why you were charged $WMP values your past patronage as a customerIf you become unhappy with your current processor, WMP would welcome you as a customer and would be happy to work with you to resolve any issues you may haveAs a company whose success is largely due to it's excellent customer service, WMP realizes the importance of meeting its customer’s demands including modification of fees, elimination of minimums and other accommodations that we are not required to

Dear Mr [redacted] , thank you for your comments Feedback helps us to improve our customer service You had signed a Merchant Application and Agreement and a Merchant Receipt Form on May 29, Please note that at the bottom of the MRF you signed, just above your signature, the form states:“By signing below, you represent and agree that: (1) The information in and accompanying this form is complete and correct; (2) you have read and received a copy of the Placement Agreement terms and conditions and agree to be bound by that agreement, and; (3) you are authorized as an officer, partner, manager or owner to submit to this form and to bind the Merchant to this Placement Agreement.” (underline added for emphasis) The Placement Agreement terms and conditions provide under item number four, “Effect of Termination”: “Upon and termination, WMP shall also have the right to collect from Merchant any fees that were waived including, but not limited to, the Application Fee, Programing Fee and Installation Fee.”Due to early termination, you were billed the fees which appears on the face the Merchant Receipt Form but had been previously waived; $Programming Fee, $Installation Fee, $File Build Fee and a $Application Fee for a total of $893.98. WMP periodically reviews closed accounts and identifies accounts in which these waived fees had never been collected Your account was flagged as one that had not been billed fees which were due under the provisions of the contracts There is no statute of limitations for collecting a bill that is due WMP regrets that you were misinformed as to these fees which were previously waived when you first became a customer We regularly waive those fees so that merchants can begin to process credit card payments without delay WMP also regrets any inconvenience you may have had due to this experience

Thank you for the opportunity to clarify The "deconversion fee" listed on our the Merchant Application (MA) was the term we formerly used for early termination fee on our old forms (2009) Newer forms use the term "early termination fee" (ETF) In this case the termination fee was $Because the Merchant Receipt Form (MRF) states “Credit for cancellation fee” Wholesale Merchant Processing did not bill Eastside Grocery an Early Termination Fee or as it is referred to here, a Deconversion Fee Therefore, the merchant actually received $more credit than was stated on the Merchant Receipt Form($deconversion fee - $credit = $95.00) “Waive cancellation fee for processing only.” is just to note that this waiver only applied to the processing agreement as opposed to any other agreementThe note, “repro pin pad/swapped pin pad” notes that there was no leased equipment Rather, we reprogrammed the merchant’s existing equipment and we programmed and apparently swapped out a pin pad with the merchant The $that the merchant was billed has been explained in previous responses The Placement Agreement terms and conditions provide under item number four, “Effect of Termination”: “Upon and termination, WMP shall also have the right to collect from Merchant any fees that were waived including, but not limited to, the Application Fee, Programing Fee and Installation Fee.” Eastside Grocery was billed the fees which appear on the face the Merchant Receipt Form but had been previously waived; $Programming Fee, $Installation Fee, $File Build Fee and a $Application Fee for a total of $ Although, according to the Placement Agreement terms and conditions, WMP has the right to collect any fees that were previously waived upon any termination, in practice, WMP only bills previously waived fees in the case of an early termination (cancellation prior to the full term of the contract) WMP regularly waives these initial fees to give merchants the opportunity to begin processing immediately If the contract is carried to full term, these fees are not billed.As stated in a previous response, WMP recently conducted an audit of its closed accounts to identify those in which previously waived fees had not been collected Eastside Grocery was identified as an account that had not been previously billed these fees

Revdex.com7007 Jefferson St. NE, Ste AAlburquerque, NM 87109[redacted]
[redacted]RE: Revdex.com ID [redacted]Dear Mr. [redacted]:From our records it appears that you first became a customer of Wholesale MerchantProcessing when you signed a...

Merchant Application (MA) and a Merchant ReceiptForm (MRF) on September 25, 2012. Subsequently, you renewed this agreements bysigning an updated MRF on October 9, 2012 which renewed the term of his contract fora period of three years..Attached to both the MRF and the updated is a Placement Agreement which containsthe terms and conditions of the contract. Both the MRF’s, just above the signature linecontain the following language:“By signing below, you represent and agree that: (1) The information inand accompanying this form is complete and correct; (2) you have readand received a copy of the Placement Agreement terms and conditionsand agree to be bound by that agreement, and; (3) you are authorized asan officer, partner, manager or owner to submit to this form and to bind theMerchant to this Placement Agreement.” (underline added for emphasis).The term of the contract as stated in Item 2, “Term and Termination”of the PlacementAgreement, is three years from the date of signature with an annual automatic renewalafter the first three year term. Therefore, the initial term of the contract for credit cardprocessing under the most recent MRF runs until October 9, 2015. Your cancellation ofthis agreement is an early termination. The MA provided no provision for an EarlyTermination Fee. Accordingly, you have not been billed for this amount.The Placement Agreement terms and conditions also provide under item number four,“Effect of Termination”: “Upon and termination, SCP shall also have the right to collect from Merchant any fees that were waived including, but not limited to, the Application Fee, Programing Fee and Installation Fee.” The previously waived fees appear on the face of the MRF: $495.00 Programming Fee, $199.00 Installation Fee, $99.00 File Build Fee and a $99.00 Application Fee for a total of $893.98.  You are a sophisticated business owner who entered into a commercial contract on behalf of [redacted].  It is your duty to read contracts in their entirety before signing them.  Failure to read the contracts before entering into an agreement does not relinquish you from the costs incurred under the terms of the agreement. Once you signed the agreements, indicating a meeting of the minds, you became subject to the terms and conditions of the contracts, including any applicable early termination fees. Recently, WMP ran an audit on all of it’s closed accounts to find accounts in which Early Termination Fees and/or Previously Waived were never billed previously. SCP is willing to adjust your rates and work with you on any issues has if you will reconsider cancelling and continue using SCP’s services.  SCP is mindful of the need to accommodate demands for satisfaction.  As a company that thrives only due to its satisfied customers, SCP often meets its customer’s requests for service changes, contract modifications and other requests that it is not obliged to.  SCP regrets your desire to cancel with SCP and strongly prefers a mutually beneficial conclusion to this business relationship.  Additionally, SCP strives to provide excellent customer service to merchants and would like to see an amicable resolution to this situation.  SCP would like to resume its business relationship with you and and we hope that you will consider working with SCP to find a positive resolution.  For the quickest possible resolution, I encourage you to contact our customer service expert at [redacted]Sincerely,  Frank F[redacted] 
Legal Department Smart Choice Payments [redacted] 
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