Harbortouch

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved] Complaint: [redacted] I am rejecting this response because:They are still saying the two separate companies are one and the same and debt owed by one company is assumed by the other They are not I understand they have the right to collect the debt by contacting the guarantor They did not do this They took payment from a company that did not owe the debt [redacted] , LLC (DBA [redacted] ***) is an independent separate company from [redacted] Restaurant, LLC ( [redacted] ***) Two different tax ID's and two different sets of owners and two separate LLC's They breached the contract by not depositing credit card sales generated by [redacted] as agreed upon in the contract [redacted] , LLC will be contacting the Attorney Generals office as our next step Regards, [redacted]

The fee's the merchant is referring to can be located on section B(Service Charges) of the agreed upon contractThe fee's were withdrawn in accordance to the agreed upon terms and thus are validIf merchant did not use services, that is irrelevant as the contract is legally binding, non- dependent on useHarbortouch has acted within the realm of the agreement, and as such no refund will be issued

Access to the Social media and other web services are prohibited and have been relayed to merchant numerous timesThe reason for this is to protect all parties and severely minimize the chance for a security breachWith all the data breaches present in todays society, Harbortouch must take an aggressive stance in order to protect itself and its customer base, especially in an system that captures credit card dataAs referenced in section of the agreed upon terms and conditions of the contract, ownership is and will remain Harbortouchs until the contract is fulfilledWith that statement Harbortouch will not and cannot willingly subject itself to any potential breachesThe system provided to the customer is a POS system and not by any means meant to be a desktop PC as the merchant is expecting Reporting on the POS is extremely robustThere are many different report types available that merchant has and was able to accessLighthouse is a small facet of these reporting features and is meant to help remotely keep track of financialsHowever given the merchant complaints that this was not enough for them, LogMeIn was offered which is a remote desktop tool, which would unlock the entire POS remotely for the merchantHarbortouch had attempted to satisfy the complaints of this merchant however the merchant rejected all attemptsThe amount that is being disputed is the ETF that was signed and agreed upon in the contract by the owner, whom is not the one submitting this complaint A large majority of this claim is based off the hearsay of conversations Harbortouch has no record ofIf the merchant can provide any supporting written or verbal conversations with the sales representative, then that material will be needed in order to further evaluate the complaintHowever at this time, Harbortouch has acted within the scope of its agreement, and the ETF's that were outlined in the contract and underlying terms and conditions will stand

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 a customer’s complaint very seriously and, if given the opportunity, will do whatever we can to satisfy Harbortouch customers [redacted] signed a Merchant Processing Service Agreement on 6/25/(copy attached) The rates applied on the merchant’s account are per section Bof the merchant application The rates on the application would take precedent over any verbal agreement made between the sales rep and the merchant Harbortouch did not receive a call from the merchant until September 8, advising us they were upset about the rates On the other hand the sales rep did take proactive steps to adjust the rates on the accountOn July 1, he reduced the rates on the account On August 6, the sales rep reduced the rates again Unfortunately, before Harbortouch could make a major impact on resolving the merchant’s situation they requested cancellation All fees, including processing, service and ETF ($in accordance with Arkansas law regarding ETF) have been charged in accordance with the Merchant Processing Agreement inclusive of the Terms and Conditions, together with its addenda, attachments and schedules and can be accessed at www.harbortouch.com/terms The Termination fees are described in the Merchant Application Section Dinclusive of the Terms and Conditions Sections and of the Terms and Conditions reference the Term of the Agreement and Termination As a courtesy, a rate review was provided twice during the approximate month time period the merchant was processing using Harbortouch processing services Harbortouch prides it’s self in customer satisfaction, for matters such as this we can offer service of special reps that reach out to our merchants to retain the merchantWe also have a phone survey system and an email survey system that we use to combat any negative experience a merchant may have In cases such as this one, to provide the greatest satisfaction we attempt to price match The merchant would submit their previous company’s statement into our customer support team and we would attempt to match that price the best we could In June the merchant’s processing total rate was 2.02%, in July 1.87%, in August 1.91%, in September 1.97% by industry standards these are great rates Harbortouch did not violate any agreement made between the merchant and Harbortouch Per the agreement made on June 25, 2014, Harbortouch did not over charge your merchant account Regarding any leasing contracts your company would have to reach out to that company directly We confirm that the merchant sent the cancellation form to Harbortouch dated September 22, The account has been closed in our database on October 11,

The fact is the merchant providing this complaint has been and is attached to a legally binding agreementWhether or not they merchant uses the system is irrelevant as all fee's billed have been agreed to in signed contractThe merchant at anytime in the past was capable of cancelling the account however they choose to keep the account open and billing subsequently occurredHarbortouch has acted 100% within the contractual rights and terms stand

Attached Harbortouch has posted a document in which the merchant agrees to receiving the and understanding the terms and conditions set forth by the contract in which they agreed toThe document also shows the section in which the fee's the merchant references (section 2)The document contains the electronic signature of the merchant as well a initials on each associated page To satisfy this complaint Harbortouch will waive all associated early termination fee's, however Harbortouch cannot fully execute the closure without a signed form that must be obtained from our Customer Service departmentHarbortouch thus advises merchant to contact Harbortouch CS in which notes will be provided to send appropriate formsThe terminal that the merchant received must be returned to Harbortouch as well at merchant expense

The funds were released on July 2, and deposited into the merchant’s account on 7/3/ Legal Group Harbortouch

Harbortouch feels the best method to address the complaint at hand is directly speak with the customer and educate on the remaining elementsA supervisor within our Customer Service will reach directly to the customer to provide such education and hopefully work to resolve outside this forum

As stated in previous rebuttals, Harbortouch has a signed contract with all underlying documentation proving the validity of the account. At this point the complaint is based of hearsay of the customer, however the supporting documentation proves otherwise. Documentation as well that was provided to the BBB in response to a previous rebuttal.

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved] Complaint: [redacted] I am rejecting this response because: First I have a copy of the statement made by "customer service" stating this will never happen againSecond, I have contacted customer service and the responce is "there is nothing they can do" My bank account does not balanceI have NO record of the money being deposited that I took in for sales paid by customer(s) with credit cardsWe are an LLCHow is this going to effect my personal taxes if my checking accounts shows undeposited funds waiting to be posted for sales in May 2014? Clearly customer service has not addressed my complaint and once again are saying there is nothing they can do about the way the month end closes Why didn't the company send out a notice stating there will be an issue and offer assistanceIt's clearly something that has/will happen often enough it should be addressed I did call and was unable to get assistance with this except to be told "there is nothing we can do" "send a complaint by email" Having worked for bank(s) and other businesses that have month end closings I am having a hard time understanding this practice I will contact my accountant and if need be attorney to see how to address the issue of money not being posted to my account before processing any fees Regards, [redacted]

We are sorry to hear of the merchant’s dissatisfaction with Harbortouch’s products and services Harbortouch values each merchant it serves, realizing that exceptional customer service is just as important as competitive pricing and innovative products We take the loss of a customer’s business very seriously and, if given the opportunity, will do whatever we can to make the merchant satisfied Harbortouch customer On August 20, 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 transactionsThe 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 enclosedThe merchant received a copy of the Terms and Conditions prior to signing the Merchant ApplicationHowever, you may also access the Terms and Conditions at www.harbortouch.com/terms The Processing Agreement is for a three (3) year term and automatically renews for consecutive two (2) year periods On August 15, 2015, the merchant entered into a Harbortouch POS System Service Agreement (“Service Agreement”)The Service Agreement governs the terms and conditions whereby Harbortouch agreed to provide your client’s business with two (2) POS systems, at little to no upfront cost, based on his commitment to a five (5) year agreement for support service based on a monthly fee and other applicable chargesThe Service Agreement consists of Exhibit A and the Service Agreement’s terms and conditionsA copy of the Service Agreement is attached The merchant cancelled his merchant account and was closed in our database on July 21, Applicable early termination fees (ETF) applied in accordance to the Processing Agreement and Service Agreement inclusive of the Terms and ConditionsThe applicable ETFs rejected from the merchant’s bank account and are now in Harbortouch collections The merchant entered into a second Merchant Transaction Processing Agreement on March 26, The Processing Agreement consists of the Merchant Application and the Terms and Conditions, together with its addenda, attachments and schedules A copy of the Merchant Application is enclosed The merchant entered into a second POS Service Agreement on March 26, The Service Agreement consists of Exhibit A and the Service Agreement’s terms and conditionsA copy of the Service Agreement is attached We refer the merchant to the Service Agreement Terms and Conditions Section Personal Guarantee signed by the merchant Harbortouch is acting accordance to the Service Agreement(s) Terms and Conditions Nothing contained herein should be deemed an admission or waiver of Harbortouch’s rights under applicable lawHarbortouch expressly reserves all of its rights, remedies and defenses in law or in equityLegal Group Harbortouch

I am harbortouch new customer .After first week I just checked my account and noticed couple of days of my sale never deposited to my accounts !I called them and after spent big times and holding ,they apologized and told me they will deposit it after hours .After that time nothing happened ! I called again and same story !.For third time I called and finally received some of those and not completely ! I called again and same story and still they didn't refund me .I called their manager and nothing happened! They always told me they will follow up and they will email me and call me BUT never happenedI just filled out their survey as no satisfied customer with lowest rate and still no one care to call me what is happening! Last time I was mad and told them I could cancel and will go with different company they just said OKI didn't know I cant cancel with them till called customer service and they told me I have contract each one years !!The sale person never told me about it and he explained contract to me differently in time of contract!!!, because I never had POS previously to understand all POS terms!.They told me if I cancel with them need to pay couple of thousand dollar for years contract and I just started more than one month .They just like headache for customer !Any time I called they will answer but never helpful I just check my account daily and watching them .I feel myself stuck in problem and I am going to talk to lawyer for future legal action against their service if they continue with such service .I checked online and saw many complain like myself against them in different website !It seems company owner no care about future business or customer by such ignoring people .I never recommend this company to anyone

[To assist us in bringing this ***er to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved] Complaint: [redacted] I am rejecting this response because: [redacted] understands that Harbortouch wants to ensure the safety of its equipment and maintain a "virus free" technical environment With that being said, no where in our contract does it state the accessing websites and music was prohibitedTo reiterate, [redacted] , our sales rep assured us prior to signing our contract that accessing specific sites and music was not just a possibility, but was 100% doableWithout that assurance, we never would have signed with Harbortouch since that was a condition of us purchasing the systemYou have now seen in our email correspondence that she has done this for other clients, was aware that it was a condition of us signing the agreement, and was completely unaware of Harbortouch's policy changeIf Harbortouch was going to change their policy on this matter it should have been communicated to our salesperson and explicitly stated in our contract so we did not sign a year agreement for an item that was unsuitable for our businessThe facts remain that a HarborTouch sales representative sold the machine as a POS system that could also access the sites/music we needed and provided us with the password " [redacted] " to do so; thereby, doubly condoning the additional desktop capabilities [redacted] is fully aware of the definition of a Point of Sales systemOn the point that Harbortouch was a sound point of sales system for our company, we are not confident that that is the caseHarbortouch offered us a comprehensive online reporting system called LightHouse whose reports never matched those that were taken directly from the POSThere was no way to determine which sales reports, whether taken from Lighthouse or directly from the POS, were accurate since no HarborTouch employee was able to decipher the problem with their so called "elite software." As such, we cannot be sure that any sales reports we received from our POS were ever representative of our restaurant's true sales [redacted] used Harbortouch for short months of a year contract We truly feel that a full refund is what we are due since the system was sold in a manner not congruent with the technological aspects of the machine ; but, in an effort to put this issue to bed, we are willing to accept a $refund settlement$is unacceptable Regards, [redacted]

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved] Complaint: [redacted] I am rejecting this response because:yes, they have reached out to us, which was very kind, however, none of the issues have been resolved We were not satisfied with the new log me in account with the new email address, this is still not what we were promised and we still feel lied to and betrayed It has been proven time and again that log me in is not secure, however this is the only way they are trying to appease the situation We are being bullied by harbor touch into accepting what they offer us, instead of what they promised usThey are building their business on lies and we as the merchant are suffering the consequences We have told them time and again that we are not comfortable using log me in and yet they keep insisting that this is the answer to our issueWe need retail lighthouse that let's us enter and monitor inventory and allows us to input invoices This was the main selling point to us on this system which had been years ago and still to this very date we are being told that they are working on itSame with the EMV card readerWe were told that we would have it in September, especially due to the seriousness of our system being hackedWhat they sent us is the same agreement we refused before, we will not sign any additional contracts with Harbor touchAfter we did not receive the POS system with the integrated card reader in September we were told that we would have it by the end of the year 2015, now we are almost to the end of January and still don't have itThey just keep sending us work arounds instead of the products that were actually promisedWe stand behind our dissatisfaction with Harbor Touch and feel that they know they are doing us wrong but it just doesn't matter to them because of how much bigger of a company they are than usThe only way we will be satisfied is when we receive the above mentioned lighthouse and integrated card readerWe appreciate the break on the fees but feel they are just trying to make this go away instead of doing what was promised Regards, [redacted]

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved] Complaint: [redacted] I am rejecting this response because: Harbortouch has failed to do the following: [redacted] Explain why they closed our account (and without telling us until well after the fact in a letter that more no name, so it means nothing) [redacted] Why they attempted to take out $from our account on 10/23/14, when the authorized monthly fee was $74.99; why it got their credit card processing company TSYS to attempt to withdraw $from our account which they collect on percentage (meaning we needed to have $2,395,in charged receivables that day, which is not remotely close to what we had charged; we charged only $7903.19) [redacted] Why did they blacklist us with [redacted] , when again, we were supposed to pay $per month and not $flat, nor did their termination letter have a name or explanation as to why they terminated us, when there was no negative history prior to the two charges of $ [redacted] I had run after Harbortouch from the day after the charge to make sure that my client did not attempt to stiff me using someone else's identity The irony is that Harbortouch's risk department only called me when I was looking for answers as to why it was taking more than hours to batch the payments, as well as why it was taking so long to process When I had contacted Kristy M [redacted] @ Harbortouch Risks Department she did not confirm one way or another the name of the person who's credit cards were being charged The reason why I am making such a big point of this is that I had told her my client's name when I had disputed that I had reversed an overcharge on one card through the POS, while she insisted that the POS did not accept it and that I contact a person in research who can help (which I had subsequently done) [redacted] Why did Harbortouch try to charge my company $for the credit card swipe machines when Nathan Wolf picked them up from me in March? As you can see, Harbortouch has not done anything; I had to run after them about everything in this case They have zero credibility, and I believe that they had my company blacklisted on [redacted] as a cover up to Kristy M***'s gross negligenceWe are the victims in this On top of this because of the Blacklisting in [redacted] , we can't receive any merchant services from a competitor of HarbortouchWe wonder, because of the burden that is on Harbortouch to have us blacklisted, how on earth did they succeed when they did not take any correct measures in communicating, and getting things done correctly as wellBefore anything can get accomplished, we need to be removed from the blacklist without further delay Harbortouch wants to reach a resolutionlet's start with an important startFrom there we can start moving forward Regards, [redacted]

The additional rate increases are in compliance with the Card Associations Please refer to Section of the Terms and conditions In this final response, Harbortouch reiterates is position as stated in its prior responses Legal Group Harbortouch

Harbortouch is in the process of resolving this matter directly with Merchant's legal representation.
Legal Group
Harbortouch

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed
Administratively Resolved]
Complaint: ***
I am rejecting this response because: The request to remove has not been given to *** yet and my dispute is still pending with themSee attached
Regards,
*** ***

Please find the attached signatures of the both sections Dand Das well as a copy of the drivers licenseThe resolution is simple to this complaint and is solely dependent on the merchant calling and completing the necessary paperwork to cancel the accountOtherwise the account will again be billed and Harbortouch will not credit backThe directions are clearly presented to the merchant at this point and will reiterate all future billings by the failure of the merchant to comply with the cancellation procedures will result in future billings that will not be refundedWe again ask the merchant to call in, obtain the cancellation form and submit back immediately to eliminate all billings

Harbortouch needs the appropriate account number in order to best respond to this complaintIf the customer can please provide said information Harbortouch will research and respond with the appropriate actions