Harbortouch

Review: We received the point of sale system in April 2012. We were told this system is for retail and will easily accommodate our inventory. After setup their computers were never reliable with the needed internet connection. We were told it was out internet provider so we switched to [redacted]. I also hired a technician to troubleshoot and he could not get their equipment to work (despite that the rest of our network functions). We have spent countless hours attempting to get this system up and going and have not processed one sale on it. On February 28, we were promised that they would send a technician (at our expense) to fix the problem. The appointment was made for March 4 at 8am. The person never arrived or called. They had by business phone number and cell number. I finally gave up and packed up this equipment and called them and they state I can send the equipment back and pay a $250.00 cancellation fee. I told them that was fine and after much pressing finally, I was told that even after they receive this equipment I will still have to pay them 139.00 per month for 48 months. This system was sold to us on false pretenses. We were assured it was suitable to retail and it is far from it. We were never even able to get it to accommodate our inventory. The salesman was unresponsive to email or telephone calls. I feel they conveniently did this to string us along until the time that we could not cancel without severe penalties. H even told us were would be one of the first retailers using this system. Ever ytime I call, someone is supposed to get back to me and it never happens. It appears that they are not expected to live up to the agreement, but I am held to paying them for a service that is not accessible to me!Desired Settlement: I want to send this equipment back and pay the $250.00 cancellation fee and that is all!! I should not have to pay a service fee on a system that I do not have in my possession!

Business

Response:

Harbortouch has called out to customer in attempt to satisfy all complaints customer may have. Customer and Harbortouch has established an action plan to lead to customer satisfaction. At this point, Harbortouch feels this complaint can be closed as we progress and work together.

Review: I called to cancel our account back in December of 2013 since we had another credit card provider and had not been using the account for a couple years. I was told my the customer service that they were sorry to see us go, but the account would be closed and that we were all clear. I noticed in April of 2014 that our account was still being charged so I called them again. Now they tell me that I was supposed to fill out a form to close the account that I never knew about, but I agreed to fill out the form that they emailed to me to cancel the account and then remained on the line to make sure that they received it. Once they received it she said that we were ok now and the account was closed and that no more charges would come out of our account. In July 2014 I noticed that they were still charging our account the minimum monthly charge so I called yet again and I was told that is was an error on their part and I would be credited back the charges. So now we come to today August 20, 2014. I was told that my account was closed as or April when I called in July. They have been charging me for the minimum since then and charged my account in the amount of $ 450.00 as well on August 18th, 2014. After calling customer service and asking to speak to a supervisor I was informed that I was supposed to return the credit card processing terminal and that is why I was charged the $ 450.00. I was never told this when I called back in April and was emailed the paperwork. In fact I was under the impression that the terminal was mine since I have an invoice from back in 2005 stating that the equipment was free and the balance is zero. Why would they be charging me $ 450.00 for outdated equipment that is almost 10 years old when I have the invoice that it was of no charge to me and a balance of zero. So now Maryann M[redacted] is telling me that I have to pay to send the free terminal back to them and that when they receive it that they will credit my account the $ 450.00 and wave the $ 75.00 restocking fee. She also informed me that as a courtesy to me that she would refund one months charges from the July of $ 36.50.Desired Settlement: My desired outcome is that I get refunded all transactions made after April 28, 2014 the day I officially signed and returned the cancelation form. I would like a full refund to my account in the amount of $ 564.25. I would also request that they issue a call tag for the shipping back to them for the free equipment that I have no use for that is over 10 years old. I would also like an official letter from them stating that the account was closed as of April 28, 2014.

Business

Response:

We

are sorry to hear of [redacted]’s dissatisfaction with services provided by

Harbortouch. Harbortouch values each merchant is serves, realizing that

exceptional customer service is just as important as competitive pricing and

innovative products. We take the loss of a customer’s business very

seriously and, if given the opportunity, will do whatever we can to satisfy

Harbortouch customers.

Harbortouch

requires cancellation requests in writing. We will not cancel a

merchant’s account with a phone call. Harbortouch understands the

disruption of cancelling processing services to a merchant can have detrimental

consequences to the merchant’s business activities. Therefore,

Harbortouch’s policy is to have all cancellation notices in writing to verify

the request with the authorized party(ies) on the account and to ensure the

request is the desire of the merchant.

In

[redacted]’s circumstance, Harbortouch did not receive the written request

until July 2014 at which time her merchant account was closed in our

database.

In

accordance with the Processing Agreement inclusive of the Terms and Conditions,

together with its addenda, attachments and schedules the processing equipment

is not free and is provided for the use of our processing services. The

Terms and Conditions, Section titled “FT Program” explains the details and can

be accessed at www.harbortouch.com/terms.

Upon Harbortouch’s receipt of the equipment, we will refund the merchant’s

account for $450.00 for the returned equipment, waive the restocking fee of

$75.00, and credit $36.50 for charges incurred in June 2014 as explained by

Harbortouch customer service. HarbortouchLegal Department

Consumer

Response:

[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]

Review: [redacted]

I am rejecting this response because:

1. I canceled my account as of 4/29/2014 per emailed signed document and was on the phone with the customer service representative to confirm she received the document. (see attached email and attached cancelation letter)2. The stated credit card equipment that they are referring to [redacted] that was shipped to me on 9/9/2005 and states no charge and free. It was billed to the broker Bolhis Enterprises which was in charge of handling the opening of the account. It states the equipment was FREE and NO CHARGE (see attached receipt)3. I have no recall of ever receiving or agreeing to any terms or conditions when I opened the account with [redacted] now DBA Harbortoucn back in 9/2005. When I requested a signed copy from Maryanne M[redacted] on 8/20/2014 she told me that she could not email it and would have to send it in the mail. She stated that I would receive it within 3-4 business days, however I have not received the documents as of todays date 9/8/2014. The current terms that they are referring to on the web site may have been altered since 2005 and without a copy of the terms and my signature agreeing to them the terms on their web site would not apply in this case.My request:1. Verification of my account being closed as of 4/29/2014 pre written documentation provided.2. refund all charges made to both direct debit and credit card listed below in the amount of $564.255/02/2014 $35.506/02/2014 $35.507/02/2014 $36.505/02/2014 $2.256/03/2014 $2.257/02/2014 $2.258/18/2014 $450.003. If they want the free credit card processing machine back which is 9 years old and I have no need for they can send a prepaid call tag and I would be glad to sell it back to them for $450.00 the amount they think it is worth.

Regards,

Business

Response:

Hi [redacted],

Yes, we did receive the equipment from [redacted]. However, a further review of the account shows that the initial equipment fee ($450) rejected and she never paid it so there is no refund due to her. There is $2.25 currently due on her account and our collection department has written that off so no fees are due. We cannot refund for fees that were rejected from her account -- they were never paid. We will refund service fees from May, June and July totaling $112.00 and we will cease all collection on the merchant account. The account is closed.

5/02/2014 $35.50 - service fee will be refunded

6/02/2014 $35.50 - service fee will be refunded

7/02/2014 $36.50 - service fee will be refunded

5/02/2014 $2.25 - service fee will be refunded

6/03/2014 $2.25 -service fee will be refunded ------à $112.00 will be refunded.

7/02/2014 $2.25 - written off by Harbortouch collection department

8/18/2014 $450.00 – this amount rejected it was never paid. Cannot refund a fee that we never received.

$564.25

Any questions, please ask. Thank you.

Gail *. N[redacted], Paralegal for

Jordan F[redacted], esq.

General Counsel and Senior Vice President

and for Terrence *. s[redacted], Esq

Assistant general counsel

Legal, Compliance, and Human Resources Group

Harbortouch

2202 North Irving Street | Allentown, PA 18109

Phone: ###-###-####| eFax: ###-###-####|[redacted]

Consumer

Response:

[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.]

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. Please refund the $ 112.00 right away so I can close the file. Please email me at [redacted] once it has been refunded.

Regards,

Review: On 10/16/2013 [redacted] comes into my office to get me to sign up for HarborTouch Merchant Services. I have [redacted] fill out a form for me specifically asking what the Application and Setup Fee, Termination Fee, PCI Complaince Fee, and Non-Comp[redacted] Fee are. [redacted] puts $0.00 for each of these. I also ask [redacted] what the early Termination Fee is, he says $0.00. I have [redacted] on security camera’s filling out the form in my office. [redacted] gives me great rates, but with the catch of a $60 per month for 60month equipment rental agreement.

On 10/23/2013 we receive the Rental Equipment and a number to call to activate the equipment lease. I read through the lease and am very uncomfortable with signing a 60month lease, especially after reading all of the hidden charges. I call [redacted] (cell ###-###-####, work ###-###-####) and [redacted] (Cell ###-###-####, Work ###-###-####) ([redacted]’s assistant), neither person answers their phones so I send them an email. [redacted] replies that the termination fee is $798.50. Including a $125 application fee, $11.00 setup fee, $295 programming fee, $145.00 encryption fee, $210.00 PCI compliance fee, and $12.50 starter kit fee.

On 10/24/2013 I send [redacted] a copy of the form that [redacted] filled out in my office stating that the Termination Fee is $0.00 and that I owe them nothing for terminating the account. I ask [redacted] in every email where to send the Rental Equipment back to and after 5 attempts (email and phone), I give up and call the HarborTouch ###-###-#### Customer Service number and am given the address of 2202 North Irving Street, Allentown PA 18109 to send the equipment to. I ship the equipment off on 10/25/2013 with a copy of my Merchant Account number, a copy of the equipment rental cancellation form, and a copy of the form which [redacted] put down a $0.00 Termination fee.

On 10/24/2013 I also call Harbor Touch at ###-###-#### and ask them to send over a form to cancel my account. They say that I will owe a $35 monthly fee for the next 60months of my contract. Not only is this no-where in my contact, but once again [redacted] told me there was a $0.00 termination fee. I tell them to go ahead and send over the form and that I will be crossing out the monthly fees, but I definitely want my contract cancelled. I leave a message with the Administrator, but never receive a call back. I also fax a copy of the form [redacted] filled out to [redacted].

10/25/2013 I send [redacted] and [redacted] an email stating that I want the account closed promptly, I owe nothing for terminating the account, and that any charges incurred as a result of them not closing the account are their ([redacted] and [redacted]) responsibility.

10/28/2013 I call Harbor Touch again and talk with [redacted] at ###-###-####, extension 246. Explain the entire situation to her and she says that she will send over the form to cancel my account, since I never received one on 10/24/2013. I also send [redacted] a fax of the form [redacted] filled out (she says there is no record of a fax on 10/24/2013), I fax it to ###-###-####.

I have wasted lots of time closing this merchant account and would like this matter resolved at the Termination Fee of $0.00 that [redacted] (the HarborTouch Sales Representative) told me and wrote on the form in my office. I would like for him to honor the $0.00 Termination Fee that he told me and stop trying to charge me something that was hidden in a contract.Desired Settlement: Honor the Termination Charge of $0.00 and close my Merchant Account.

Business

Response:

I have reviewed the contract that was signed and submitted by the merchant. There is absolutely no mention of ETF removal. The merchant was billed in accordance with section D7 of the application, the ETF is clearly outlined, in which the merchants signature is clearly visible in the signature line. The customer has rejected all attempts (bank level) by Harbortouch to collect stated funds and the account currently resides in a collections status. As a means and hope to resolve all this Harbortouch agrees to waive the amount of $975 leaving the amount of $250 as the remaining balance (customer must agree through this forum). Again, Harbortouch has and is acting in full compliance of the agreement set and agreed upon between the merchant and ourselves. I've attached a screenshot of the application outlining section D7 as stated above with the signature of **. [redacted] as reference and evidence of agreement.

Consumer

Response:

[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.]

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. Although the agent from HarborTouch told me in writing and in conversation that there was a $0.00 termination fee the $250 will be cheaper than proceeding to arbitration. I would strongly advise HarborTouch to get in contact with [redacted] and [redacted] and advise them to no longer lie to their new customers.

Regards,

Review: Harbor Touch has had a disturbing trend of raising my rates and sending documentation after the fact. I have spoken all the way up there chain command and have tried canceling my credit card processing and paying to do so, however they are trying to tell me I can't cancel one service processing and keep another pos service. They have failed to present a contract showing that I cannot terminate one and not the other and only recently have attempted to have a knowledgable conversation with me.Desired Settlement: I would like to have them be an honest company and not de fraud me by sending notifications of rate increases after the fact. I would like for them to allow me to cancel my credit. Are processing with them pay them all fees as spelled out in the terms and conditions on the website while allowing me to continue paying for the pos system that I pay for monthly.

Business

Response:

We

are disappointed to hear of Mr. [redacted]’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 Mr.

[redacted] a satisfied Harbortouch customer.

1) Merchant

Transaction Processing Agreement

On June 6, 2013, Mr. [redacted] entered into a Harbortouch

Merchant Transaction Processing Agreement (“Processing Agreement”). The Processing Agreement governs the terms

and conditions whereby Harbortouch agreed to provide Mr. [redacted]’s business

with processing services for credit/debit card transactions. The Processing Agreement consists of the

Merchant Application and the Terms and Conditions, together with its addenda,

attachments and schedules. A copy of the

Merchant Application is attached. Mr.

[redacted] received a copy of the Terms and Conditions prior to signing the

Merchant Application. However, he may

also access the Terms and Conditions at [redacted]. The Processing Agreement has a minimum three

(3) year term and automatically renews for successive two (2) year periods. Please see the Terms and Conditions Section 4

Term of Agreement.

2) Harbortouch Consent Agreement

On

August 8, 2013 the merchant entered into a Harbortouch Consent Agreement with

[redacted], Inc. d/b/a Harbortouch (“Harbortouch”) and [redacted] (“Old

Merchant”) and [redacted] (“New Merchant”). As per the terms of the Consent Agreement, whereby

Mr. [redacted] (“Personal Guarantor 3”) agreed to assume the prior merchant’s

obligation under the Service Agreement dated June 1, 2013.

3) Harbortouch

Point of Sale System Service Agreement

On August 8, 2013, the merchant also entered into a

Harbortouch POS System Service Agreement. The Service Agreement governs the

terms and conditions whereby Harbortouch agreed to provide the merchant with a

free POS system based upon the merchant’s commitment to enroll in a five (5)

year agreement for support service based on a monthly fee and other applicable

charges. The Service Agreement consists of POS Elite Exhibit A and the Service

Agreement’s terms and conditions.

I refer the merchant to the Third Addendum to the Merchant

Transaction Processing Agreement (attached to the (“Processing Agreement) POS

Program Number 7.

I referenced the documents above to help answer the merchant's concerns with regards to the terms of the Processing Agreement and the POS Service

Agreement. The POS systems are provided

in exchange for the commitment of credit card processing with Harbortouch.

This is similar to cellular phone contracts when purchasing

a phone and contracting with a specific cellular service provider.

To address the merchant’s dissatisfaction with the rate

increases, I would like to refer the merchant to the Terms and Conditions. Specifically, Section 3.2 as it details the

terms of rate assessments determined by the Associations (i.e. [redacted]).

3.2 As set out in the Merchant Application and the Rate

Descriptions, discount (“DISCOUNT”) is a FEE charged as a percentage of gross SALES submitted by MERCHANT, which

generally includes “Processing,” “Authorizations,” “Assessments,” and

“Interchange.” Assessments and Interchange are the standard fees that the

ASSOCIATIONS charge for the clearing of SALES

transactions and are subject to change by the ASSOCIATIONS. BANK has no direct

control over these fees. Any adjustment in Interchange and Assessments by the

ASSOCIATIONS may result in an adjustment to MERCHANT’s DISCOUNT. BANK will notify

MERCHANT in writing of any change in FEES caused by action of ASSOCIATIONS

prior to any such change becoming effective. Notice to MERCHANT of any change

in FEES caused by ASSOCIATIONS may be less than thirty (30) days.

We

have already begun a rate review for the merchant in an attempt to alleviate

the merchant’s dissatisfaction. I

encourage the merchant to contact our Merchant Account System Administrator at ###-###-#### to discuss possible options available to him. Should the merchant have any questions,

please contact Harbortouch at the number provided.

Nothing contained herein

should be deemed an admission or waiver of Harbortouch’s rights under

applicable law. Harbortouch expressly reserves all of its rights, remedies and

defenses in law or in equity.Legal GroupHarbortouch

Review: Harbor touch started to hold portion (29%) of our daily credit card batches since 12/4/14 - then reached out to our business 12/8/14, asking for updated W9 form. It was somewhat strange since we already sent our 'updated' W9 form - our business changed to LLC as of June of 2013 and we have sent the document/updated information back in June of 2013 when it was changed. However, we have sent the information again thinking they might have lost the documentation. Then, the credit card batches started to deposit as normal as of 12/10/14. However, the missing portion (29% of settlement from 12/4-12/9) were still being hold by Harbor touch.

Our business have reached out to Harbor touch numerous times inquiring about the missing remainder that has not been deposited, and have received one of the ridiculous, non-professional, non-sense response that we ever encountered with.

1) Harbor touch stated that they have reached out to us and stated that they have left a voice mail at the restaurant, but have not heard back from our business therefore decided to hold the money. Our restaurant land line do not have any voice messaging system. Clearly harbor touch representative is lying.

2) Harbor touch also stated that they sent out several letters in mail requesting W9 information but we have not received a single piece; Harbor touch said the direct mail piece will come from Bank of [redacted] which is their merchant processor but they do not have a clear responses either. (We have contacted Bank of [redacted] several times as well)

3) After we reached out to Harbor Touch multiple times trying to escalate the issue, Harbor touch stated that IRS maybe holding the money ('may') so gave us IRS numbers to call. We have spoken with various officials at IRS and IRS confirmed that a) if IRS holds money for such matter, they will send out a written notice in mail; b) IRS does not hold any money regarding this case under our EIN. So we have reached out to Harbor touch again but did not hear any response back.

4) One of the representative from Harbor Touch said the fund maybe issued to us after January of 2015; however, clearly this is a error on their end and our business should not wait until next year to receive the fund. There is absolutely no reason for Harbor Touch to hold this fund, especially Harbor touch has all of the necessary documents regarding our business. This is a clear fraud activity and very unethical, taking advantage of small business.

We have contacted Harbor Touch numerous times, but have not received a single professional, or clear response from Harbor Touch to date. All we received is a vague, muddled, and lies that caused us frustration and future law suit preparation against them. Harbor touch is probably waiting until next year to file 945 file for us to get money back later in 2015, but this cannot be tolerated since all of the money deposit delay has been caused because of their fault.Desired Settlement: We would like to receive remainder of money that Harbor touch is holding, which is 29% of our business from 12/4 - 12/9, total of $7002.83 AS SOON AS POSSIBLE directly from Harbor Touch. In addition, due to their lack of professionalism and unwillingness to communicate regarding matter, we would like to terminate the contract that we have with them.

Business

Response:

We are sorry to hear of the

merchant’s dissatisfaction with the products and services provided by

Harbortouch. Harbortouch values each merchant is serves, realizing that

exceptional customer service is just as important as competitive pricing and

innovative products. We take the loss of a customer’s business very

seriously and, if given the opportunity, will do whatever we can to satisfy

Harbortouch customers.

First, Harbortouch wants to make very

clear that is not in possession of the merchant’s funds. The funds have been

sent to the Internal Revenue Service in accordance with Section 6050W of the

Internal Revenue Code.

Section 6050W, which was enacted on

January 1, 2011, requires payment transaction processors such as Harbortouch to

verify and match Federal Tax Identification Number’s (“FEIN”) for business

entities which it processes transactions for.

After numerous delays the IRS finally required entities such as

Harbortouch to withhold 28% of processed payments if the FEIN did not match with

what is on file with the IRS. As a result, Harbortouch has requested an updated

W-9 Form from all of its merchants to verify the information in our records

matches the name and FEIN on record with the IRS.

Unfortunately, if any amount is withheld (whether in error or otherwise) these

funds are directly diverted to the IRS and will not be available until the

merchant files their tax returns. In other words, funds that are

withheld and remitted to the IRS can only be released by the IRS after the

merchant files its Federal Tax Return. Backup

withholding cannot be refunded by your processing service provider

As a result, unfortunately at this

time Harbortouch is unable to refund the amounts to the merchant and the

merchant must get the funds from its Federal Tax return. We apologize for any

inconvenience this may have caused.

You can find

additional information concerning these requirements at

www.irs.gov

Review: We as [redacted] (an apparel retailer) signed a contract for a POS system on May 21st, 2013. We were told that it would take 6 weeks for them to prepare the system and deliver to us. In the interim we were promised a credit card machine that could be returned when the POS system arrived.Issue 1:The credit card machine did not function for more than 10 days. When we contacted tech support, we were told the issue was with our phone service provider ([redacted]). [redacted] told us that their service was without issue and that the problem lay with the credit card machine provider. Despite numerous follow ups the issue was never resolved!Issue 2:The POS system was not shipped till July 27, 2013, nearly ten weeks after signing the contract and after 4 weeks of delay. The system that was shipped to us was obviously used with numerous dings and scratches. The inventory (that was supposed to be uploaded by the Harbortouch technical team based on information provided by us) had been only partially uploaded - leaving out nearly 500 items. When complained, we were first told that we were wrong and that we had been shipped a new system and that we had not provided complete inventory lists. When we insisted, and got the original sales person on the phone. She asked us to send images documenting the scratches and dings as well as the original inventory list. We were told that she would get us a new terminal. After sending the required documentation, we waited a further two weeks without any contact from Harbortouch. When we called in we were told that the inventory had been completely uploaded this time around, but there was no response to question of replacing the terminal. When we have requested them to cancel the contract, we are told that they can cancel it but we would still have to pay all the fees due for 5 years (the term of the contract). They are also refusing to refund the fees for the months where there was no service because either we did not have the POS system or it was not usable.Desired Settlement: Refund of all fees paid so far and a cancellation of the contract without us having to pay any further fees, because it is Harbortouch who have not provided services for which the contract was signed. Also, Harbortouch should collect the equipment lying with us at their cost.

Business

Response:

Harbortouch has everything requested and the information provided in complaint is not completely accurate. The system does in fact take a few weeks to complete and prepare in order to install, merchant was advised at beginning of relationship, hence the standalone terminal. In the meantime a terminal as the merchant outlines in complaint was in fact sent and used by the customer. There is only 1 call into our support team regarding stated terminal, asking for information on the terminal password. The merchant claims said terminal was only working for a total of 10 days, however Harbortouch has activity on that terminal at the end of May (time of setup), June, as well as activity in early July. The POS was installed based off the information provided. the information that the customer claims that was missing was in fact not provided. Once that was provided customer, we quickly moved to correct. However during said period, customer did inquire about contract and did express dislike for the 60 month agreement that they agreed upon. Asked to buy out the equipment outright, which is not possible. Eventually customer switched to a competitor. There is a documented complaint of a "dinged" monitor, which in no way will prevent use. If that is the only complaint Harbortouch is more then willing to work with merchant to replace, however the contract the merchant agreed to is the responsibility of the merchant to fulfill and the merchant will be held responsible for any ETF that applies due to there cancellation.

Consumer

Response:

[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]

Review: [redacted]

I am rejecting this response because:

Review: I have been fighting with this company for two years! Two years ago I signed up for a month to month plan for our seasonal business to process credit cards. I used them for the two months we are open during the summer. This company continued to charge my bank account for the monthly fee, for an additional four more months. After several phone calls and to try to cancel with not success, I blocked their charges from my banks end. About a year later I received a bill for about $500, charging late fee's and the monthly fee's. After spending even more time on the phone, they said they would remove all the charges. Now another year later they have sent a $100 owing amount to the credit bureaus. This charge is supposedly for not returning the credit card terminal within 30 day. Nothing was ever said to me about a time limit in returning the terminal. (Which was returned within 31 days,) and as far as I was concerned the account was at a $0 balance. I have not receive any communication with this company since the $500 bill they claimed to remove. I have wasted hours of my time fighting this company, and as a small business owner that equates to thousands of dollars lost. I am now trying to purchase a home and because of this it will have to wait. This is the most unethical company I have ever worked with! Account number is [redacted]Desired Settlement: I have since paid the $100, for the bogus late terminal return fee, as well as four months of service not used. At this point all I want is for them to REMOVE, not marked paid, their claim on my credit reports, and letter stating the account is close with no charges owing, and never to hear from them again. If they want to actually provide customer service and return the $100 and four months fee, I would not be apposed.

Business

Response:

The account number provided below does not list any of the information the customer is claiming. I have nothing on this account in collections and in fact do not show any records of us actually having a terminal on file. The account was setup as a stage only file which basically means we provide the means for the customer to process through us. We did not actually supply the equipment. The Sales off of [redacted] may be the party in which this complaint is best suited as Harbortouch only serviced the back end of this account and all billing would of been done through that ISO group.

Review: My lease was suppose to expire in 7/22/13 with my processing company. My sales rep avoided me and lied about me requesting for my services to be terminated. And now I have to pay $250 cancellation fee. He took a pos touch screen computer and printer worth $800 that he was supposed to sale and give me some money from it. and he supposedly recycled it with out my permission. He replaced my credit card terminal with one of his and now the lease company is going to charge me $300 for it. he gave me the wrong fax number to fax my cancellation letter to him. He also provided a cancellation sheet with the wrong fax#. He has purposely stalled on my cancellation and now they are charging me $250 cancellation and monthly charges, and now the terminal co is charging me $299 for a terminal. [redacted] from independent broker from merchant services and bank card solutions. His # ###-###-####. Address [redacted] Washington. There's more to this story. But in brief I'm out almost $1350 because of him and this company. I have tried speaking with the headquarters and other customer service representatives and no one will help me. I don't mind paying dues and fees I owe. But these are not legitimate charges and they need to be stopped!! I was and still am scared to detest this. They have access to my account and they have my social security number and I don't want them giving my business bad reviews to retaliate. I am awaiting a cancellation confirmation from headquarters. They said they only mail them they wouldn't email me one. I am concerned for my personal and business well being.Desired Settlement: I just want my $250 cancellation fee removed and my $299 for my terminal. My computer he took that was worth at east $800 I will settle with $400 split the difference. I think that is more than fair.

Business

Response:

Harbortouch will waive the $250 cancellation fee that is requested. However the large majority of this claim is against an independent sales representative. Any complaints or action involving that individual would not involve Harbortouch. They are just an authorized reseller, basically selling our services. Please direct the remaining complaint to that party.

Review: DO NOT get this Company. I had a sales rep that visited my company, and asked me to get a new cash register etc. I was so excited, because I needed one. I filled out the contract, and set up date to deliver my products. Lets just say its been a nightmare ever since. The salesman never returned my calls or texts. I NEVER got products, and I have been charged every month for something I never received. I called Customer Service, and I have been given the run around. They sent me paperwork to cancel contract, because the sales rep had the nerve to submit my stuff, and never contact me again. I then get charged $250 to cancel. Are you freaking kidding me??? I get charged over and over every month for 5 months and still going on a product never received, and they have the nerve to charge me more to cancel when it wasn't even my fault. I SAY NEVER trust this company. I hope I get my situation resolved one day. I gave this company many chances to help me, but I get the run around. I'm sorry now I have to write a horrible review.Desired Settlement: All the money taken from me, and my cancellation money also. I should of never been charged in the first place. I also feel you need to contact the sale rep and fire him. NO one should ever have to deal with this headache especially someone starting a new business. Thanks so much!

Business

Response:

This complaint appears to have been or are in the process of being resolved between customer and Harbortouch outside this forum. If the customer disputes that please provide evidence.

Review: I contracted a sale representative of HarborTouch asking about the prices of the POS system for my new business in April, 2013. He always tried to tell me to sign the paper works before explain clearly all the details. I've signed the paper in order to know more about the products. But when he said that I need to use their merchant services in order to get the POS system which I don't want because I already have my credit card services with my bank, I didn't get the services. Until now I just realized that they've been charging me with monthly fees and yearly fees without provide any services. I called them and they said they couldn't do anything because I already signed the contract. And to cancel it I have to pay $250 for early cancellation fees. I think this practices of their sale reps are deceptive and the company don't do anything about it. The facts that they collect fees without provide any services are not professional to any business owner.Desired Settlement: They don't have to refund me the fees they've collected. All I want is the cancellation fees to be waived.

Business

Response:

I will have a supervisor from our Customer Service department reach out to customer. Harbortouch agrees to waive the $250.

Review: I have tried to cancel my service with Harbor touch for over 15 days and they tell me the same thing every time and now its almost a other billing time and I cant get anyone to help me cancel my service which was over charges that was not justified or explained to me . I also have a class action law notice from them that is over unexplained charges to other customers . So I just want to cancel and they want cancel my service or return my calls when I leave messages. I told them I was going to make tis complaint and they still refused to do anything.Desired Settlement: CANCELL MY SERVICE!!!!!!!!!!!!

Business

Response:

Harbortouch recognizes that Mr. [redacted] has been a valued and

loyal customer.

We are

disappointed to hear of Mr. [redacted] 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

Mr. [redacted] a satisfied Harbortouch customer.

Harbortouch requires cancellation requests in writing. We will not cancel a merchant’s account with

a phone call. Harbortouch’s policy is to

have all cancellation notices in writing to verify the request with the

authorized party(ies) on the account and to ensure the request is the desire of

the merchant. Harbortouch customer

service has forwarded a cancellation form to the merchant on January 23, 2015

and are waiting for receipt of the form signed by Mr. [redacted].

Upon

our receipt of the completed cancellation form we will close the merchant’s account.

Harbortouch will close Mr. [redacted] account, without penalty. Mr. [redacted] owes

Harbortouch no further financial oLegal GroupHarbortouch

Review: Back in January of this year (2013), a sales rep talked to me in regards having point-of-sales system (POS) and merchant services for my business, ‘[redacted]’s [redacted] & [redacted]’. I had signed the contract in order to receive the merchant services for my business. I was told that all I had to do was to wait for the terminal to arrive in order to begin processing debit and credit card transactions.

Till this day, I’ve yet to receive the terminal itself. Over the last couple of months, I’ve been charged a monthly fee of $25.00 for a service I’m not using. The $25.00 fee that has been charged to my bank account has interfered with other transactions in my business’ bank account.

Back in mid-July, I contacted ‘Harbortouch’ in regards to this matter; in the hopes of terminating the contract and receiving a refund for every time my account was debited. In addition, any additional bank fees my business had to pay in order to cover other entering debits.

After contacting the company, I informed customer service with the issue my business has been facing. The only solution I was offered was that the company would send me the terminal in order to begin processing transactions. I requested a cancellation form in order to prevent my business’ bank account to be debited. In addition, the company was unable to reach the sales representative that signed up my business for the merchant services.

Upon reading the mandatory requirements that need to be met in order to cancel the service, the cancellation form states there is a termination fee; “ Those penalties would be either $35.00 (thirty five) a month for the remainder of the contract or $250.00 (two hundred fifty), whichever is greater.”

I contacted the ‘Harbortouch’ again on August 5, 2013, requesting that all termination fees be waived after I explained the situation. Despite what occurred with my business’ account, ‘Harbortouch’ is still requiring a termination fee in order to end the contract and close the account.

The bottom line is that my business has been completely on the receiving end of this company’s service which has not been provided, and that has affected my business account in terms of paying other business expenses.Desired Settlement: What I request is simply that ‘Harbortouch’ refund my business’ money. That includes the monthly fee that was debited from my account and any additional bank fees that my business was charged due to insufficient funds when 'Harbortouch' debited my business' account.

Business

Response:

The $25 is the monthly minimum that is outlined and agreed upon in the merchant agreement. Even if there is no activity on account, a minimum of $25 is billed. In this case the merchant has not processed what so ever on there account since boarding. Harbortouch wants to settle the dispute the best it can, but I would need clarity in order to do so. Is the merchant requesting to cancel or looking for $25 to be refunded? Given the contract, I cannot refund all $25 fee's that may have been billed, but I can approve a one time courtesy credit for the $25. Our notes indicate the terminal was referencing was a reprogram, meaning that the terminal was already on site and Harbortouch would be reprogramming it to process with us. If no terminal is present, I can arrange to have one sent. If the merchant wishes to cancel the $25 fee will stand however I can arrange for the account to be closed, and willing to waive the required ETF in its place.

Review: Since I have opened my doors on February first I have had problems. Either my money was on hold or my money has taken so long to be reimburse that I have paid countless nfs fees associated to it. Currently my money is on hold for the third, matter of fact forth time. I have asked to get the cancellation form just in case I choose to cancel. I have made up my mind and want to leave the contract yet they have not sent this to me after numerous request for it. I have worked with people and managers and I still end up waiting on fund that are due to me or paying off nfs fees because they have had my money on hold yet they were still taking the charges out for their service or for processing the transactions. It has sent me past frustration straight to pure anger. On top of everything I was told that my contract would be one year and found out later that it is a five year contract.Desired Settlement: I want to cancel my contract, get FULLY refunded for nfs fees that I incurred while money continues to be held, get my money off of hold.

Business

Response:

Harbortouch has already refunded the merchant a total of $805 worth of OD fee's. The current hold that is on this account is a result of the merchant putting a freeze on there account thus removing Harbortouch's access to credit/debit the account. The current freeze cannot be removed without merchant action, not action on the part of Harbortouch. The contract is a 5 year commitment and is outlined within the contract the merchant signed and agreed to. If merchant needs a copy of there contract one can be provided, however will be provided via USPS.

Review: I opened a merchant account with Bankcard systems to process credit cards.

I never used the account. Not one transaction was ever processed.

After months of having fees deducted from my business checking, I contacted Bankcard and asked to have the account closed.

For three months I heard one excuse after another.

I finally received an email telling me that it was shut down.

Just to make certain they could no longer debit my account, I closed that checking account and moved my business to another bank.

But not until after it was confirmed closed by Bankcard's employee.

Now I have been turned over for collections because they have not been able to deduct fees for an account that was confirmed closed. Which I naturally refuse to pay.

They deducted funds to which they were not entitled for two months after the account was ordered closed. They continue to harass me over fees to which they are not entitled they say were accrued after they confirmed it closed.Desired Settlement: I want to be left alone.

I do NOT owe them anything.

They on the other hand continued to debit my account despite my repeated orders to stop and close the account.

Business

Response:

Harbortouch never officially received a cancellation form, which is required to cancel an account. All the fee's that the customer was billed, were billed prior to the official closing which was done by our internal Risk department for fee rejects. However, Harbortouch is going to write off all fee's owed to settle this complaint.

Consumer

Response:

[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]

Review: [redacted]

I am rejecting this response because:

They never received the "Cancellation Form" they refer to because, despite asking that the account be closed repeatedly for 90 days - no such form was ever sent to me.

Review: On March 30, 2010, a person by the name of Daniel N[redacted] came into my nail shop representing [redacted] which is a credit card processing company. He looked American but had a Vietnamese name. He offered me a “free” card reader for my business. He had me sign for the machine but said it wasn’t a contract. That contract was ultimately signed by someone other than Daniel N[redacted]. That contract was from [redacted]. Their address is [redacted] Il [redacted]. I realized that I had been scammed, but I honored the contract for three years, as stated. I assumed that this was the end of the contract. They told me that there was an automatic renewal in fine print on the contract. They continued to draft my account for different charges. I ultimately closed my account. They have since turned me over to a collection called Harbortouch. Their address is [redacted] PA [redacted]. I have every bit of correspondence between these two companies and me. They continue to harass me and want fees totaling 352.65. Please help me end this as all of this has been very stressful.Desired Settlement: To have this contract ended and for them to stop harassing me.

Business

Response:

We

are disappointed to hear of [redacted]’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 [redacted]

a satisfied Harbortouch customer.

Ms.

Le entered into a Merchant Processing Agreement on 3/30/10 with United Bank

Card, Inc. now operating under Harbortouch Payments, LLC. The

Processing Agreement consists of the Merchant Application and the Terms and

Conditions, together with its addenda, attachments and schedules. I am

attaching a copy of the Merchant Transaction Processing Agreement (“Processing

Agreement”) and attaching a copy of the Terms and Conditions. The

merchant received a copy of the Terms and Conditions prior to signing the

Merchant Application.

The

Processing Agreement has a minimum three (3) year term as per Section 4 of the

Terms and Conditions. At the end of the initial term the Processing

Agreement automatically renews for an additional two (2) year periods. The

termination of the agreement requires the written request of the merchant prior

to any renewal period. Please see Section 5 of the Terms and Conditions

for further details and Section D6 of the Merchant Processing Agreement.

Harbortouch

received written notice dated April 9, 2014 of the merchant’s request to cancel

her account and charged her an ETF $250.00 in accordance to the Merchant

Processing Agreement and the Terms and Conditions.

Harbortouch closed [redacted]’s merchant account in September 2014 and

entered into collections. As a courtesy, Harbortouch will write off the

outstanding amount of $325.65 in collection.

Any

issues with the equipment lease should be addressed directly to the leasing

company.

Consumer

Response:

[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.]

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,

Review: HarborTouch has against my written agreement has taken a sum of $89.00 out of my bank with out written permission. for [redacted] and [redacted] Inspirations They do not have permission to take any amount other then our credit card processing amounts. To which they have compromised the security of my personal and business information and have disregarded the paper agreement I have giving them authorization/access to such information. This has also been reported to the police as well.

I have no direct agreement with HarborTouch my written agreement is with [redacted] and that is the agreement HarborTouch has been serving me with since 9/2012.

HarborTouch only tries to sell me stuff and refuses to give me help, assistance, customer support or anything. If I call they want to sell me a POS system and when I tell them I am not interested I have been hung up on several times. Managers Never return calls ever. I am not even allowed access to my monthly statements that tell me what they are charging me for. When I have notified them I am not receiving my statements in 2013 and 2014, I was hung up on in 1 call and told there was nothing they could do the 2nd and 3rd time. I have access, control or privilege with this company, over my own personal, private, business & secure information & financial information. When notified the company of the $89.00 charged the incurred on my account, they told me they can do whatever they want, and that is a PCI accounting fee that since they have to make a special spreadsheet to report things, this PCI complaince fee would be applied. However my written agreement states NO Fees, and specifically says NO PCI fees.

No professionalism, No customer support, no help, this is highway robbery, this is Fraudulently taken for $89.00. Stealing from those who have a written agreement. There is no update to this agreement without a written agreement to which they have none.Desired Settlement: Said money of $89.00 taken out of my bank on 1/5/2015 needs to be returned to be as to be with in the boundaries of the written agreement that I have given this entity authorization to use this information. If they do not follow the written agreement that provides them my information in the 1st place, then to that fact, they would have no authorization to have any such information or security information about me or my business.

I have been stolen from, this company was supposed to be a reputable credit card processing company. To which I have found nothing true of this statement. including being fraudulently abused on this matter.

Business

Response:

We are sorry to hear of the

merchant’s dissatisfaction with the products and services provided by

Harbortouch. Harbortouch values each merchant is serves, realizing that

exceptional customer service is just as important as competitive pricing and innovative

products. We take the loss of a customer’s business very seriously and,

if given the opportunity, will do whatever we can to satisfy Harbortouch

customers.

On September

5, 2012, 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, he/she may also access the Terms and

Conditions at [redacted]. The Processing Agreement has a minimum three

(3) year term and automatically renews for successive two (2) year periods. Please see the Terms and Conditions Section 4

Term of Agreement.

In an effort to resolve this matter

amicably, Harbortouch has agreed to refund the $89.00 PCI fee to the merchant’s

account.

[redacted] is the Independent Sales

Organization (ISO), the ISO is an independent contractor.The contractual agreement(s) between the

merchant and Harbortouch are the written Agreements signed and dated as

referenced.

All merchant statements for 2013 and 2014 have

been mailed to the address in our records and match the address provided with

the merchant’s complaint. Legal GroupHarbortouch

Review: This componany has "salesmen" with whomyoumust go through to use their service. The Salesman I dealy with was "Anthony M[redacted]". This person was very indescript in explaining the program. I have numerous emails in which I asked for him to tell me of "ALL CHARGES I WOULD INCUR". Nothing was ever said about me needing to meet a "minimum amount of sales" to avoid an additional $35 monthly charge. I've sent this company TWO signed documents stating my desire to terminate my service yet they are still charging my bank account $35 + $7.75 each month.Desired Settlement: Refund my money and CANCEL this service.

Business

Response:

We

are disappointed to hear of [redacted]’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 [redacted] a satisfied Harbortouch customer.

entered into a Merchant Processing Agreement on 5/30/2014 with Harbortouch.

The Processing Agreement consists of the Merchant Application and the Terms and

Conditions, together with its addenda, attachments and schedules. I am

attaching a copy of the Merchant Transaction Processing Agreement (“Processing

Agreement”) and attaching a copy of the Terms and Conditions. The

merchant received a copy of the Terms and Conditions prior to signing the

Merchant Application.

The

Processing Agreement has a minimum three (3) year term as per Section 4 of the

Terms and Conditions. At the end of the initial term the Processing

Agreement automatically renews for an additional two (2) year periods. The

termination of the agreement requires the written request of the merchant prior

to any renewal period. Please see Section 5 of the Terms and Conditions

for further details and Section D6 of the Merchant Processing Agreement. In

accordance with the terms and conditions of the Merchant Processing Agreement

Section D7 the ETF of $250 or $35 multiplied by the number of months remaining

in the merchant agreement (whichever is greater) would be applied for early

termination.

Harbortouch

is willing to work with [redacted] to make him a satisfied Harbortouch

customer. We encourage [redacted] to

contact customer service at [redacted] to discuss possible options regarding

his 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.

Consumer

Response:

[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]

Review: [redacted]

I am rejecting this response because:This is the FIRST I've ever heard of me being in a 3-year contract. Despite my repeated questioning regarding such matters I was never told of such a contract. I am a new business that sell Snow-Cones and operates seasonally. I would NEVER enter into such an agreement as I live in Northern Nevada and it is only warm enough to sell snow-cones May thru August. This is the EXACT type of questions I asked the sales person Anthony M[redacted]. I was told there was 3-year contract but it was for those who agree to take their high dollar POS equipment, NOT the phone swiper that the size of a quarter and plugs into my phone. I have the emails to prove it and this company was purposefully vague in explaining such any commitment despite my repeated questioning.

Regards,

Review: I am a customer of Harbortouch for 15 years. Recently, I developed a new account with them to update my credit card services and get new secured credit card equipment. I signed a contract, and received my new equipment. On August 11, 2014 Harbortouch took $450.00 out of my business checking account for no reason known to me. I contacted my sales representative, Brandon W[redacted]. He told me that charge was for not returning my old credit card equipment. I was never instructed to do so. I had no written or verbal notice, therefore I was surprised by this unethical withdraw of funds from my business bank account. As a result, I [redacted]ed the old equipment overnight back to Harbortouch per my sales representatives request and they received it on Friday August 15th. I was promised credit of $450.00 back into my account by Tuesday August 19th. That did not happen. I called Brandon W[redacted], emailed him multiple times and got no response, therefore called customer service whom told me that I needed to call them to request a refund. So I requested a refund verbally. After a week of no response, I spoke with a customer service manager and she guaranteed me my fund by Friday August 29, 2014. That did not happen. I on behalf of my company [redacted] file a formal complaint against Harbortouch for unethical business and request a refundDesired Settlement: That this type of business transaction does not happen again to my business or others.

Business

Response:

We are sorry to hear of [redacted]' dissatisfaction with our service. Harbortouch values each merchant it serves, realizing that exceptional customer service is just as important as competitive pricing and innovative products. The refund has been under review and has been released today. [redacted]s should see the refund in her merchant account in two business days.

Review: I recently found an entry on my credit report saying I had a $123 balance in collections with this company. After calling them multiple times I found it was for a business account with them from 2009 and the entry on the report was 3/2014, 5 years later. At no point during that time did they make any attempt to contact me via phone, email or mail. They say they mailed "things" but cannot say what was mailed, when or show me copies of such mailings. Additional this account was auto drawn from the bank as it was a merchant account (credit card processing), so there is no reason anything should be due. After many phone calls to the company I was advised by customer service to dispute the entry with Experian, which I day minutes later, and they would allow it to drop off. They did not do this and when I called back they said "that department" decided they did not want to do it. I could pay the balance or it was too bad for me. I said fine, I will pay the balance even though you can't show why it is due, when you communicated or anything else. On Tuesday the credit card form was submitted and I was told it would be processed in 24 to 48 business hours, I followed up on Friday as it was still not done and they said it would be 24 business hours again. I followed up on Monday as still not done and was told they only got the form on Friday and it would be 24 to 48 business hours. Further instances of the company telling me incorrect information, not meeting their own requirements and showing that their billing processes and staff cannot accomplish the most simple of tasks. On Tuesday (a week after the form was submitted) I again followed up and was told it was done, I requested a receipt, as I had with the original request cause it was never sent. Wednesday AM I got the receipt.Desired Settlement: I don't care about the $123, all I want is the invalid, inaccurate entry on my credit report removed. Harbortouch has continue to prove they are incompetent when it comes to processes and billing and my credit report should not suffer because of it.

Business

Response:

The request to remove the DEROG is already in process of happening as the past due balance has been paid.

Review: We contracted with Harbortouch to provide us a Point of Sale System. We were to pay for the system monthly. After a delay in delivery which caused us to have no system for our opening date, the system did not work. We took training on the system and that did not help. The equipment was defective and not replaced. Instead of continuing to manually write all our sales slips, we cancelled the contract with Harbortouch and had to purchase another system. By the way, the new system was in and operational in 2 weeks. Harbortouch charged our bank account $8,496.00 as a penalty for not continuing the contract. They have refused to return the penalty charge saying we caused them financial damage because we did not continue the contract, That is nonsense; we returned the equipment and they spent precious little time working on our system.Desired Settlement: Return of the $8,496.00 penalty and a caution to other businesses from contracting with Harbortouch. They prey on small businesses with over-promises and inadequate equipment and support.

Business

Response:

After review of the account the merchant asked for and received help until the merchant cancelled account. Most of the notes in our system are that of lack of knowledge with continuous on call trainings being performed. It is the stance that Harbortouch has fully acted within the terms of service provided all elements to satisfy the merchant, however the merchant in the end was not satisfied or the system was too complex for. The ETF which was agreed to upon signing of the agreement was billed and thus will stand.

Consumer

Response:

[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]

Review: [redacted]

I am rejecting this response because: The response from Harbortouch does not acknowledge the fact that the system provided by them did not work. The contract we signed said we would be provided a functioning system; they did not do that. Therefore, the penalty for cancellation should never have been charged against our account. Furthermore, they missed our required delivery date (store opening date) and then provided inferior equipment. This company should be shut down before it preys on some other small retail business.

Regards,

Consumer

Response:

[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]

Review: [redacted]

I am rejecting this response because:The Harbortouch response is factually incorrect. In addition, the first sentence in their response makes no sense.Harbortouch claims that our complaint is a byproduct of buyer's remorse. They state this is because the "merchant feels (the POS sys) is to complicated". They have completely or intentionally missed the point of our complaints. Our statement that the system was complicated was the basis of our request for more help in terms of training and service. Initially, we took the online training. Our equipment had not yet been installed so we could not actually practice on it. The training was quite superficial - the "class" only covered about 40 of the options in their software; their software has well over 200 options on which we were never given training. There was no manual or in-depth online training. Nor was any on-site training offered.In addition, because Harbortouch failed to deliver the system to us before we opened the store, we had no opportunity to practice with the system and to seek solutions to both our training needs and the programing errors which were eventually discovered that actually precluded us from using the system for the first week or so that we had it. We were forced to calculate and hand write every receipt for our customers (our store is in a busy mall, which made for total chaos in checking out our customers).When we spoke with our sales rep about the fact that we could not sign on and the great confusion we were having trying to learn the system. he suggested using their fact sheets. We used those, but got nowhere since they did not address the issues we were having.When we called back in the early evening to get help, we were told that we could only get someone to work through the multiple problems we were having "if our computer was on fire", saying that they could only help us after their normal hours on one or two questions. We were told no comprehensive assistance was available in the evenings. However, our contract with Harbortouch specifically contains the following: "Section 3(a) . . .the merchant shall be entitled to 24 hour a day, 7 day a week remote technical support for the equipment . . .and/or software".With the help of their technical assistance rep that we had to insist help us that evening, we were able to fix the signing-on issue. However, one of the screen issues still seemed to perplex the technical service rep. We still had no idea how to use many of the options, nor could we get the ones we were trained on to work.We repeatedly told our sales rep of our difficulties. When Harbortouch finally contacted us about training, they called in the middle of the day, right when we were the busiest, assuming we could drop everything and ignore our customers to discuss our difficulties. Harbortouch had no understanding of the fact that none of this would have happened had they gotten the equipment to us before we opened. Even when we got in touch with them later, no on-site training was offered that would have both resolved our technical issues and ability to use the system.By this time, we were completely frustrated as many days had passed with no working system, no prospects of effective training and still working with hand-written receipts and calculators! Despite repeated emails and calls to our sales rep, we were getting nowhere with respect to training and service. We finally felt we had to cancel the contract since we had a system that was only gathering dust as our frustration built.To add insult to injury, after we cancelled the contract, we were informed in a Harbortouch letter to us dated January 9, 2014, signed by Terrence P. Sullivan, Junior Counsel, that on-site training was sometimes available. This was never offered despite our repeated expressions of frustration with the lack of training and service. Had this late mention of on-site training been presented as an option before our store opening or even during our first week of operation, we would no be in this position today. If Harbortouch had been remotely as aggressive in addressing our requests for help as it has been in responding to our cancellation, we would not have cancelled the contract.Upon our cancellation, Harbortouch charged us the full amount of our outstanding contract --$8,496.00 -- as a cancellation penalty. This assessment was extremely excessive in light of the fact that we returned the equipment in the same condition as we received it and they spent little time programing our company data. For comparison, after we cancelled the Harbortouch contract, we purchased a different POS system which arrived within a few days, was installed in 3 hours by a professional installer and was programed by us in 2 hours. We were fully operational in less than 5 business days! This compares to Harbortouch receiving our company data on 19 March 2013 and then failing to meet our store opening on 20 April 2013. Further, when we received the equipment, we still could not use it.We believe the $8,496.00 assessment was extremely excessive. We know the amount of time it took us to program our company data and the cost of installation of the present equipment. It totaled $595.00 Therefore, we believe a fair reimbursement to us would be $7,901.00. We would be satisfied with a check in that amount.

Regards,

Business

Response:

In response to the merchant’s complaint, Harbortouch’s position is as follows:

Harbortouch delivered a functioning POS System that was fully capable of processing sales transactions. Harbortouch does not guarantee delivery of a POS System, but does use all commercially reasonable efforts to meet a merchant’s expectations.

Harbortouch provided the merchant with our standard training services. Harbortouch made reasonable attempts to respond to the merchant’s additional training requests.

All fees, charges and billings were done so in accordance with the POS System Service Agreement and Merchant Transaction Processing Agreement. The Early Termination Fee is not a penalty, but instead a reasonable estimate of Harbortouch’s anticipated damages caused by the merchant’s termination of the Service Agreement prior to the expiration of the term commitment. The Early Termination Fee is intended to reimburse Harbortouch for the considerable upfront investment Harbortouch made (at no cost to the merchant), which included the POS System, software, peripheral equipment, installation, training, customer service, and technical support.

Harbortouch values each merchant we serve realizing that exceptional customer service is just as important as competitive pricing and innovative products. While we are not willing to return any funds to this merchant, we are willing to make considerable price concessions if the merchant chooses to return to Harbortouch customer.