BBB Accredited Business since

Harbortouch

Phone: (800) 201-0461 Fax: (973) 630-9112 View Additional Phone Numbers 2202 N. Irving Street, Allentown , PA 18109 View Additional Email Addresses


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BBB Accreditation

A BBB Accredited Business since

BBB has determined that Harbortouch meets BBB accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses pay a fee for accreditation review/monitoring and for support of BBB services to the public.

BBB accreditation does not mean that the business' products or services have been evaluated or endorsed by BBB, or that BBB has made a determination as to the business' product quality or competency in performing services.


Reason for Rating

BBB rating is based on 13 factors. Get the details about the factors considered.

Factors that raised the rating for Harbortouch include:

  • Length of time business has been operating
  • Complaint volume filed with BBB for business of this size
  • Response to 195 complaint(s) filed against business
  • Resolution of complaint(s) filed against business


Customer Complaints Summary Read complaint details

195 complaints closed with BBB in last 3 years | 56 closed in last 12 months
Complaint Type Total Closed Complaints
Advertising/Sales Issues 20
Billing/Collection Issues 83
Delivery Issues 1
Guarantee/Warranty Issues 1
Problems with Product/Service 90
Total Closed Complaints 195

Customer Reviews Summary Read customer reviews

9 Customer Reviews on Harbortouch
Customer Experience Total Customer Reviews
Positive Experience 1
Neutral Experience 0
Negative Experience 8
Total Customer Reviews 9

Additional Information

BBB file opened: May 25, 2011 Business started: 01/01/1999 in NJ Business under new ownership as of: 01/01/2012 Business incorporated 03/20/2012 in NJ
Type of Entity

Corporation

Business Management
Mr. Jared Isaacman, CEO Mr. Don Isaacman, President
Contact Information
Principal: Mr. Jared Isaacman, CEO
Business Category

Credit Card Processing Service Records Management Hospitality


Additional Locations

  • 2202 N. Irving Street

    Allentown , PA 18109

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BBB Customer Review Rating plus BBB Rating Overview


BBB Customer Reviews Rating represents the customers opinions of the business. The Customer Review Rating is based on the number of positive, neutral and negative customer reviews posted that are calculated to produce a score.

Customer Review Experience Value
Positive Review 5 points per review
Neutral Review 3 points per review
Negative Review 1 point per review

BBB letter grades represent the BBB's opinion of the business. The BBB grade is based on BBB file information about the business. In some cases, a business' grade may be lowered if the BBB does not have sufficient information about the business despite BBB requests for that information from the business.
Details

BBB Letter Grade Scale

BBB Rating Value
A+ 5
A 4.66
A- 4.33
B+ 4
B 3.66
B- 3.33
C+ 3
C 2.66
C- 2.33
D+ 2
D 1.66
D- 1.33
F 1
NR -----
Star Rating scale

  Average Score
5 stars 5.00
4.5 stars 4.50-4.99
4 stars 4.00-4.49
3.5 stars 3.50-3.99
3 stars 3.00-3.49
2.5 stars 2.50-2.99
2 stars 2.00-2.49
1.5 stars 1.50-1.99
1 star 0-1.49

BBB Customer Review Rating plus BBB Rating is not a guarantee of a business' reliability or performance, and BBB recommends that consumers consider a business' BBB Rating and Customer Review Rating in addition to all other available information about the business. If the BBB Rating is NR then only Customer Reviews are used for the Star Rating.

Complaint Detail(s)

5/1/2016 Billing/Collection Issues
4/30/2016 Billing/Collection Issues
4/28/2016 Billing/Collection Issues
4/22/2016 Problems with Product/Service
4/17/2016 Billing/Collection Issues
4/14/2016 Problems with Product/Service
4/2/2016 Guarantee/Warranty Issues
3/24/2016 Billing/Collection Issues
3/16/2016 Billing/Collection Issues
3/10/2016 Billing/Collection Issues
3/3/2016 Advertising/Sales Issues
2/26/2016 Billing/Collection Issues
2/21/2016 Billing/Collection Issues
2/13/2016 Problems with Product/Service
2/5/2016 Problems with Product/Service
2/1/2016 Problems with Product/Service
1/23/2016 Problems with Product/Service
1/3/2016 Billing/Collection Issues
12/29/2015 Problems with Product/Service
12/28/2015 Problems with Product/Service
12/19/2015 Billing/Collection Issues
12/15/2015 Problems with Product/Service
11/17/2015 Billing/Collection Issues
11/2/2015 Advertising/Sales Issues
10/27/2015 Problems with Product/Service
10/26/2015 Problems with Product/Service
10/19/2015 Billing/Collection Issues
10/17/2015 Billing/Collection Issues
10/12/2015 Problems with Product/Service
10/12/2015 Billing/Collection Issues
10/12/2015 Problems with Product/Service
10/3/2015 Problems with Product/Service
10/3/2015 Billing/Collection Issues
8/31/2015 Problems with Product/Service
8/30/2015 Billing/Collection Issues
8/1/2015 Billing/Collection Issues
7/26/2015 Problems with Product/Service
7/26/2015 Problems with Product/Service
7/25/2015 Problems with Product/Service
7/20/2015 Billing/Collection Issues
7/20/2015 Problems with Product/Service
7/7/2015 Billing/Collection Issues
7/2/2015 Problems with Product/Service
6/29/2015 Billing/Collection Issues
6/22/2015 Delivery Issues
6/18/2015 Problems with Product/Service
6/18/2015 Problems with Product/Service
6/15/2015 Problems with Product/Service
6/15/2015 Problems with Product/Service
6/3/2015 Billing/Collection Issues
5/30/2015 Advertising/Sales Issues
5/29/2015 Problems with Product/Service
5/23/2015 Billing/Collection Issues
5/16/2015 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: These people lied to me. I was told that this merchant service was free unless I used it, which was the opposite. I was also told that I would have access to other merchants, and other networking opportunities, which never happened. I never once used their service, and I've been getting charged for months... I'm complaining now because I thought the charges were from my bank. They also told me that I was on a 3 year contract..... Which is totally not what I signed up for... I never would have signed a 3 year contract...

Desired Settlement: I looked at my statements until May of 2014. In this time, I've been charged $544. There's probably more, but I'll be satisfied with getting $544 back, AND the cancellation of my account with no early termination fee.

Business Response:

We are sorry to hear of the merchant’s dissatisfaction with Harbortouch’s products and services.  Harbortouch values each merchant it serves, realizing that exceptional customer service is just as important as competitive pricing and innovative products.  We take the loss of a customer’s business very seriously and, if given the opportunity, will do whatever we can to make the merchant a satisfied Harbortouch customer.

On January 18, 2013 the merchant entered into a Harbortouch Merchant Transaction Processing Agreement (“Processing Agreement”). The Processing Agreement governs the terms and conditions whereby Harbortouch agreed to provide the merchant’s business with processing services for credit/debit card transactions. The Processing Agreement consists of the Merchant Application and the Terms and Conditions, together with its addenda, attachments and schedules.  A copy of the Merchant Application is enclosed. Your client received a copy of the Terms and Conditions prior to signing the Merchant Application. However, you may also access the Terms and Conditions at www.harbortouch.com/terms. 

The Processing Agreement is for a three (3) year term and will automatically renew for successive two (2) year periods unless terminated as detailed in Section 5 of the Terms and Conditions.   I refer the merchant to Section D6 of the Processing Agreement and Section 4 Term of Agreement of the Terms and Conditions.

We never received prior notification from the merchant to close the account.  The charges the merchant incurred were for the minimum service fee in accordance to the Processing Agreement and the Terms and Conditions.  All prior charges are valid. 

As of today, Harbortouch will close the merchant’s account with no early termination fee. 

Legal Group

Harbortouch

5/12/2015 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: On 3/29/2012 I completed an application with this company for credit card processing services. It was submitted to Harbor Touch by the company agent (John) and a couple days later the agent told me that the application had a problem and would not be processed. I then decided to stay with my current credit card company. Recently I was alerted by my accountant about a monthly payment of $36 and with further investigation I discovered this was a charge by Harbor Touch. Today 01/26/2015 I contacted the company customer service department and demanded a refund of all payments paid totaling $900. The CSR refused to refund the $900 so I asked for a supervisor. I then spoke with Joel A. who refused to give last name and he also rudely refused a refund saying the application was a contract in force. Mr. Joel A. claimed that a $.01 was processed on the machine which constituted service. This $.01 was not done by my business and likely a test transaction by the agent or Harbor Touch. The company breached the application and did not perform any services to my business. I have also never recived any communications from Harbor Touch regarding application/account.

Desired Settlement: I want a refund for the $900.00 deposited to the same account that the 25-monthly payment were deducted from.

Business Response:

We aredisappointed to hear ofMr. Kummerle’sdissatisfaction 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. 

On March 29, 2013, Mr. Kummerle entered into a Harbortouch Merchant Transaction Processing Agreement (“Processing Agreement”).  The Processing Agreement governs the terms and conditions whereby Harbortouch agreed to provide Mr. Kummerle’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. Kummerle received a copy of the Terms and Conditions prior to signing the Merchant Application.  However, he may also access the Terms and Conditions at www.harbortouch.com/terms.  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.

All fees and charges incurred are valid in accordance to the Processing Agreement inclusive of the Terms and Conditions.  

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 will close the merchant’s account and will issue six (6) months credit to the merchant totaling $394.00 as follows:

01/2015- $25 Monthly Minimum $11 service maintenance fee

            - $178 RCF 

12/2014-$25 Monthly Minimum $11 service maintenance fee

11/2014- $25 Monthly Minimum $11 service maintenance fee

10/2014 -$25 Monthly Minimum $11 service maintenance fee

09/2014- $25 Monthly Minimum $11 service maintenance fee

08/2014- $25 Monthly Minimum $11 service maintenance fee

Harbortouch will be sending the merchant a shipping label to return the processing equipment at no charge to him.  We ask the merchant to please return the equipment as soon as possible to prevent additional charges to his account.

Legal Group

Harbortouch 

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]

 Complaint: ********

I am rejecting this response because: I only signed an application that was to be accepted or rejected by Harbor Touch. The agent informed me that the application was rejected and provided me with a Harbor Touch document showing UNRESOLVED problems with the activating the application which I have attached. I never received any communications from Harbor Touch or any representatives that the account was activated. The agent that represented Harbor Touch also verifies that the account should never been opened and charged fees. Harbor Touch collected all fees without providing any service or product. There should be laws against companies such as Harbor Touch conducting business in this unethical fashion.


Regards,

**** ********








Business Response:

Harbortouch has refunded six months of processing fees – twice the  3 months  in accordance to our Terms and Conditions.

Harbortouch has waived the applicable ETF.

All billing statements were sent to the merchant’s address on record in our database the same address the merchant provided to the BBB.

Attached is a copy of the signed Merchant Transaction Processing Agreement dated March 29, 2013 and a clean copy for easier reading.

All fees and charges incurred are valid in accordance to the Processing Agreement inclusive of the Terms and Conditions.

Please be advised no further refunds will be issued to the merchant.

Legal Group

Harbortouch

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]

 Complaint: ********

I am rejecting this response because: As Harbor Touch document in it title it is an application. They never installed terminal equipment in my business and I never processed any transactions through Harbor Touch. I have attached documentation provided by their agent documenting unresolved issues to complete agreement. I plan to file a claim in superior court in California and the Harbor Touch agent will testify that there was never a contract since there were no transaction on terminal. Harbor Touch stole $900 from my business and is too cheap to refund it in full. 


Regards,

**** ********








5/6/2015 Problems with Product/Service
5/2/2015 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: Sometime in November 2014 I faxed a letter to Harbortouch customer service asking what my options were if I decided to cancel their credit card merchant services. I also notified them of changes to my contact information. The only response, dated December 2014, was a $250 charge to my **** ** ******* small business checking account. Resigned that I had no other option and not receiving any further communication from them, I accepted the charge and assumed I was done with Harbortouch. Not so, on January 26, 2015 a charge of $844 was placed on my account. When I contacted their customer service I was told the charge was because I had not returned a cash register and credit card reader. Had they notified me, when the account was cancelled, that the equipment had to be returned I would have complied then and there. On January 30, 2015 I shipped the items and notified customer service, by e-mail, of that fact. On February 5, 2015 I sent customer service a copy of UPS confirmation of delivery and requested a refund of the $844. To date I have received no response from Harbortouch. I called customer service today, they acknowledged receipt of my confirmation of delivery and they would initiate a refund that could take up to 20 days before I my account would be credited. why had they not initiated the refund as soon as they had receipt of the equipment. It appears they would have sat on my money and not issued a refund unless I contacted them and asked them to do so. Meantime my bank account has been overdrawn and I have been charged 3 NSF charges of $35 each. None of this should have happened if Harbortouch was diligent in its accounting and responsive to my requests.

Desired Settlement: I do not want to wait 20 days I want an immediate refund of the $844 and a refund of $105 in bank charges that should not have occurred.

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 May 10, 2012, Mr. ***** entered into a Harbortouch Merchant Transaction Processing Agreement (“Processing Agreement”).  The Processing Agreement governs the terms and conditions whereby Harbortouch agreed to provide Mr. *****’ 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. ***** received a copy of the Terms and Conditions prior to signing the Merchant Application.  However, he may also access the Terms and Conditions at www.harbortouch.com/terms. 

After a detailed review of the merchant’s account it has been determined that the equipment was returned.   A refund is being issued in the amount of $844.00.   This refund is in process and will take anywhere from 5 to 10 business days depending on the merchant’s bank accepting the refund. 

I refer Mr. ***** to the Terms and Conditions specifically Page 28 ECR Program.  The terms and conditions explain the requirement that the equipment be returned within thirty (30) days from the date of termination. 

The account was closed on 12/22/2014

Merchant shipped the equipment for return on 1/30/2015;

Harbortouch received the returned equipment on 2/5/2015.

Harbortouch will not issue a credit for the NSF fees of $105.00 since the equipment was received outside of the 30 day requirement.

Legal Group

Harbortouch Payments, LLC

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]

 Complaint: ********

I am rejecting this response because:
Apparently Harborthouch must be a foreign based company bacause "Customer Service" and now their Legal department have difficulty reading and understanding English. How else is it that they completely ignore the fact that I had originally requested information as to what options I would have IF I WERE TO CANCEL MY ACCOUNT?  Yes, I signed the same document and sent it back but it was still the same request for information that I signed, I never stated to or authorized Harbortouch to cancel my account. Why is that fact overlooked and now the dreaded legal department quotes chapter and verse. Was it Horbortouch's negligence or their deliberate method to gain money they had no right to.  Why has the legal department not responded as to why it has taken Harbortouch this long to initiate a refund? They received their equipment over a month ago and they have just now initiated a refund? It didn't take them very longs to snatch my money and hold on to it and then hold on to it until I raised a complaint in their delaying my refund. I believe their business methods are highly questionable and I wonder how many other small business owners like myself have had to endure their total incompetence.



Regards,

****** *****








Business Response:

  • The merchant contacted Harbortouch customer service on 7/27/2015 indicating his business was closing as of 8/1/2014 and he will no longer require our services.

  • On 7/27/2014 a requested cancellation form was generated by Harbortouch for signature by the primary owner of the account.

  • Harbortouch never received the requested form from the merchant.

  • The merchant stopped processing credit/debit transactions in August of 2014. If a merchant is inactive for ninety (90) days and is not a seasoned merchant the account will be terminated.  I refer the merchant to Section 5.3(J) of the Terms and Conditions.

5.3 In order to protect the ASSOCIATIONS and BANK, BANK may terminate this AGREEMENT effective immediately for any of the following reasons:

J. if MERCHANT is inactive for ninety (90) days and is not a seasonal MERCHANT

  • Harbortouch customer service received a cancellation request letter dated 12/19/2014. Subject:  Cancellation of Service.  The merchant indicated that he ceased using our merchant services in September 2014. (Merchant did not process since July 2014 and with prior indication from merchant that his business was closing 8/1/2014.)

  • 12/23/2014 the merchant account was closed in our database. An early termination fee of $250 was applicable in accordance to the Processing Agreement inclusive of the Terms and Conditions.

  • 1/26/2015 the merchant account was charged an RMA fee of $844 for non return of the equipment. Please see the Terms and Conditions regarding the ECR Program for further details.

  • 2/5/2015 Harbortouch received the returned equipment from the merchant.

  • On 2/6/2015 Harbortouch issued the merchant a refund of $844 for return of the equipment (beyond 30 days of termination as explained in the terms and conditions). 

  • All remaining fees and charges are valid in accordance to the terms and conditions. 

  • No further refunds will be issued.

4/11/2015 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I ask to close account. Was told that am in contract but in the renewal phase. According to representative I spoke with Once signing an original contract it will automatically renew after 3 years and continue every 2 years. renewing in March. This was my renewal and the best I can glean from what he said is because I swiped a card in March it automatically renewed for 2 more years and even though I was told I am still in the renewal phase I cannot get out for 2 years because I used the service at the beginning of the month. Now to get out I have to pay $35 per month for the 24 months remaining on contract to early terminate. I feel this is a scam to retain business. Not using good quality business practices to make consumers happy. At the very least there should be some type of written notice given to customers before this renewal period so that informed decisions could be made about whether or not to renew a contract. This is something that is a law( Utah state law 15-10-101- Service Contract Act) and this HarborTouch is a subsidiary of a Utah based corporation.

Desired Settlement: I would like out of the contract without farther fees, esp. an early termination. Also it would be nice if the policy was changed to at least inform account holders of the upcoming renewals. So that others will not have the same negative feeling toward the company.

Business Response:

 

 

 

We are sorry to hear of the merchant’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.

 

On April 16, 2008, 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, the merchant may also access the Terms and Conditions at www.harbortouch.com/terms.  The Processing Agreement has a three (3) year term and automatically renews for successive two (2) year periods.  For further details I refer the merchant to the Terms and Conditions – Section 4 Term of Agreement and Section 5 Termination of Agreement. 

 

The merchant will be entering into a second renewal period on April 16, 2015.  In accordance with the contractual terms an early termination fee would be applicable of $840 ($35 x 24) months.  On March 30, 2015 the merchant contacted Harbortouch customer service requesting to cancel their account. At that time, Harbortouch customer service did offer to reduce the ETF to $250.

 

In consideration of the long standing contractual relationship with the merchant and recognizing the merchant has been a valued customer, Harbortouch is willing to waive the ETF.  I encourage the merchant to contact customer service at ###-###-#### to close their account with no penalty. 

 

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 Group

 

Harbortouch Payments, LLC

 

 

 

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.]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. 
For the sake of other customers I hope that the issue of auto renewing would be reviewed by the company and at least give customers notice and a chance to decide whether to continue with the contract or not.

Regards,

**** ********

4/10/2015 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: An upgrade performed at time that we expressly said was a bad time resulted in a loss of business for two nights. Further unauthorized changes to our system then delayed our credit card receipts from being deposited to our account in a timely manner. As we struggled to rectify the situation, Harbortouch changed the processing again with the result being that over $8,000 in ******** ******* receipts were "lost" by Harbortouch. After trying for 5 days to get the funds processed to our bank account, Harbortouch wired the funds to their own bank account. At this point we have no idea when our funds might be released to us. This money was necessary for us to cover our payroll today. Harbortouch delayed action until, according to them, "it was too late to properly route the funds to our bank account."

Desired Settlement: Harbortouch needs to put the missing money into our proper bank account immediately. Harbortouch needs to waive the fees that we have been charged for processing since all of this trouble began back in January.

Business Response:

We are sorry to hear of *** ******* 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.

A careful detailed review of the merchant’s issue has been conducted.  The involved issue of the merchant’s complaint has been escalated and is currently being addressed by a Harbortouch management team.   As of 3/24/15 the matter is nearing resolution.   

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 Group


Harbortouch Payments, LLC

4/4/2015 Advertising/Sales Issues | Read Complaint Details
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Additional Notes

Complaint: Upon changing credit card processing co's, from ******** to Harbortouch, Harbortouch said that they would contact and close the other processors contract, and pay the contract fee associated with breaking lease with other processor, $495.00. They have done neither, no wonder Harbortouch told me to put a stop pay on ********. So ******** is blowing up my phone and email with all kinds of wonderful threats, and when I call Harbortouch to find out anything, all I get is voicemail and no return calls or emails. Harbortouch also said they would take care of the machine lease agreement with ******** *******, no, they haven't done that either. All I want is these two companies off my back and Harbortouch to take care of them like they said they'd do.

Desired Settlement: want ******** paid their fee of $495 and any other late fees or penalties associated with breaking their lease.want ******** ******* paid their fees for early termination of lease

Business Response:


We are disappointed to hear of Ms. Ashcraft’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 *** ******** a satisfied Harbortouch customer.

On November 18, 2014, *** ******** entered into a Harbortouch Merchant Transaction Processing Agreement (“Processing Agreement”).  The Processing Agreement governs the terms and conditions whereby Harbortouch agreed to provide Ms Ashcraft’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.  *** ******** received a copy of the Terms and Conditions prior to signing the Merchant Application.  However, she may also access the Terms and Conditions at www.harbortouch.com/terms. 

The contractual agreement between the merchant and Harbortouch is the written Agreement signed and dated as referenced above.  Any verbal agreement is superseded by the written signed agreement.

It is not Harbortouch’s policy to “..contact and close the other processors contract, and pay the contract fee associated with breaking lease with other processor…”.

I have contacted the sales rep to reach out to the merchant. 

Harbortouch has issued the merchant a $50 courtesy credit which the merchant will see on her next billing statement.

Should *** ******** have any other issues or questions that need to be addressed I direct her and encourage her to contact our customer support at ###-###-####.  

Legal Group

Harbortouch


 

 

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]

 Complaint: ********

I am rejecting this response because:
I was told on the phone by my agent, who is very nice, that the lease cancellation fee ( for ******** ) would be paid by Harbortouch.  This is on a recorded phone call via Harbortouch, of course it wouldn't surprise me if the conversation has been erased and or edited. ( DataBusinessSolutions has done that to me in the past)  This fee is not "pennies" to a small business like mine.  The agent also said that a "reduced" fee would be paid to the other leasing company ( ******** ******* ) for the lease of the cc machine. I switched to Harbortouch BECAUSE of the better rates they offered on processing and the fact that I was told that the " breaking of lease" fees would be taken care of by Harbortouch.  When first contacted by Harbortouch, I told them multiple times that I was in a lease for the next two years, oh, no problem, they said, we'll take care of them and you will be in contract with us for the next four years.........

A $50 credit towards what could be $700 is not hardly a drop in the bucket.

Other than not paying the fees, I like these people. So far the nicest processors I've dealt with.

Regards,

**** ********








Business Response:

Harbortouch reiterates is prior response.  It is not Harbortouch’s policy to “..contact and close the other processors contract, and pay the contract fee associated with breaking lease with other processor…”.

Regarding the Independent Sales Organization (ISO), the ISO is an independent contractor and statements made by the ISO cannot be validated.  Any verbal agreement is superseded by the written signed agreement.  The contractual agreement between the merchant and Harbortouch is the written Agreement signed and dated as referenced in our prior response.

Harbortouch has issued a $50.00 courtesy credit to the merchant which will be reflected on her next billing statement.

Legal Group

Harbortouch Payments, LLC  

3/25/2015 Billing/Collection Issues | Read Complaint Details
X

Additional Notes

Complaint: Eborhood.com has been out-of-business for over a year. Initially, in 2013, I contacted Harbortouch to cancel my account. A representative told me it would be completed. Thereafter, I kept getting charged a monthly maintenance fee + service fee + other fees from time to time. I contacted Harbortouch again in December of 2014 and January of 2015 to complain. A representative told me that I need to fill out a form to cancel the recurring charges. I did everything they asked me to, yet the next month, I was charged the same fees PLUS an additional fee called a "regulatory compliance fee" which amounted to $89. These fees automatically are collected from Eborhood's bank account which has nothing in it, so there is an overdraft charge plus interest out-of-pocket for me because of the negligence of Harbortouch. A quick search of Harbortouch shows that there have been hundreds of complaints against the company for undisclosed fees and bad business practices.

Desired Settlement: I need a refund of all of the fees that were charged while Eborhood did not conduct any business AND I want to cancel my account so I do not have to waste my time on this matter. They should have all the statements with how much they charged me. I need over 15 months of reimbursements of service fees, maintenance fees, regulatory compliance fees and others.

Business Response:

We are sorry to hear of Mr. *******’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.

On April 10, 2009, Rajan ******* entered into a Harbortouch Merchant Transaction Processing Agreement (“Processing Agreement”).  The Processing Agreement governs the terms and conditions whereby Harbortouch agreed to provide the Mr. *******’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. ******* received a copy of the Terms and Conditions prior to signing the Merchant Application.  However, Mr. ******* may also access the Terms and Conditions at www.harbortouch.com/terms.  The Processing Agreement has a three (3) year term and automatically will renew for successive two (2) year periods unless terminated as per the Terms and Conditions – Section 5 Termination of Agreement.

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 has not received the merchant’s written cancellation request.

  • 12/30/2014 - Merchant contacted Harbortouch requesting that his account be cancelled.

  • 1/21/2015 - Merchant called to cancel his account.

  • 1/23/2015 - Harbortouch generated a cancellation letter to be sent to merchant for completion, signature and return.

  • 1/29/2015 - Cancellation form was sent to merchant via email (same email address as referenced in this complaint).

  • 1/29/2015 -  Merchant called stating he did not receive the cancellation form.  Form was resent to merchant via email and fax.

  • 1/30/2015 - Follow up call to merchant Re:  cancellation forms.  Forms were resent to merchant via email and attempts to confirm receipt of the forms were made.

  • 2/4/2015 -  2nd follow up call made to  merchant regarding cancellation forms.  Voicemail was left for merchant to return the completed and signed form.  Cancellation was resent to merchant via email and fax.

  • 2/5/2015 - 3rd follow up call made to merchant regarding cancellation forms.  Voicemail was left for merchant to return the completed and signed form.  Cancellation form was resent to the merchant via email.

In an effort to resolve this matter amicably Harbortouch will close the account today and will waive the applicable early termination fee (ETF) of $420.00 as per Section 13.20 of the Addendum.  In accordance to the Terms and Conditions together with its addenda, attachments and schedules Harbortouch will refund the merchant three months of processing fees plus the compliance fee charged on 1/3/2015. Total refund of $136.25.

Legal Group

Harbortouch Payments, LLC

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.]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.  Please cancel my account and submit reimbursement to the bank account it was extracted from.  Please confirm once everything is completed via email ******************

Regards,

***** *******

3/22/2015 Advertising/Sales Issues | Read Complaint Details
X

Additional Notes

Complaint: We received a POS in April after having harbortouch CC terminal for 6 months. The initial POS had nothing but problems, ran slow and would not process cards. I spoke with LORI who agreed to upgrade us. We received the upgraded system a few months ago, and have had nothing but problems, I was told it was our ****** *** internet, and changed to *** and now the keyboard stopped working, the CC swiper has been replaced 3 times and now we were sent a new system. They refused to send out an installer, and when weplugged it in it was missing all of the software. We have been down completely with this POS for over a month. Customer service is terrible, i have requested multiple times to get our inventory on and it has never happened. I cannot pull reports, employees cant clock in. We have called multiple times and still it never works. We requested months ago that our gift cards be useable and nothing again still does not work, we had to cancel our gift card service with you because they refused to do it. Things were great when we just used the regular CC terminal, this POS is nothing but a nightmare!

Desired Settlement: At this point I want the machine removed all together, and be refunded for all of the down time. We will remain with harbortouch for CC processing but it is clear they have a hard time with their POS and are renting out junk machines.

Business Response:

            1) Processing Agreement

On August 7, 2013 the merchant entered into a 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, the merchant may also access the Terms and Conditions at www.harbortouch.com/terms.  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) 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 Exhibit A and the Service Agreement’s terms and conditions.


We at Harbortouch want the merchant to be a satisfied customer.  We understand the switch from the prior provider to Harbortouch should be a seamless transition.  The POS system is intended to enhance your business and increase efficiency.  Although a POS system has the potential for an array of issues like difficulties with internet connection, programming issues, and as with any new piece of equipment there is a learning curve while getting accustomed to the new equipment.  Harbortouch does not back away from these challenges and most importantly we want the merchant to feel that we are here to assist with any issues the merchant may experience related to the equipment or services provided.


Harbortouch provided the merchant with an upgrade offer when the merchant reported difficulties with the POS system.  Harbortouch is willing to send a tech to the merchant’s business location free of charge to address any issues they may be experiencing with the equipment.  A visit by a technician on site would assist us with greater details related to issues the merchant is experiencing with the Harbortouch POS system. 


I encourage the merchant to contact our Merchant Account System Administrator at ###-###-#### to assist the with scheduling a technician to visit the business location. 

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 Group

Harbortouch Payments, LLC

Consumer Response: [To assist us in bringing this m***er to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

 Complaint: 10514548

I am rejecting this response because: I have been calling that number and extension for days and all it does is ring. please set up a time.


Regards,

**** *******








Business Response: The Merchant Account System Administrator at ###-###-#### will be expecting a call from the merchant on 3/12/2015 at 11:00 A.M. EST.

3/17/2015 Advertising/Sales Issues | Read Complaint Details
X

Additional Notes

Complaint: Harbortouch wanted to sell us a pos system. They were in contact with us every day. Mary R******** would call me all the time to earn our business. After we agreed, communication stopped. They debited monies from our account prior to installation of their product. Since no one would return phone calls as to why we were debited, we refused shipment when their product arrived. Now they are sending us bills for merchant services that they never performed.Mary told us they would send us credit card processing terminal prior to the pos system being delivered. They never sent one and never processed a single credit card for us. There is no way possible that we can owe them for merchant services when they didn't do any.I wish I never heard of Harbortouch and would caution any business from agreeing to use them. They failed to deliver on their commitment and are trying to charge us for services they did not perform.

Desired Settlement: To leave me alone and quit sending bills and threatening us. We do not owe them anything. They failed to deliver and we are not paying them for a service they did not perform.

Business Response:

We are sorry to hear of Mr. and Ms. *******’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.

I would like to clarify to the merchant that there are two (2) distinct Agreements:

1)  Merchant Transaction Processing Agreement:

On November 5, 2014, ******** ******* entered into a Harbortouch Merchant Transaction Processing Agreement (“Processing Agreement”).  The Processing Agreement governs the terms and conditions whereby Harbortouch agreed to provide the Ms. *******’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.  Ms. ******* received a copy of the Terms and Conditions prior to signing the Merchant Application.  However, the merchant may also access the Terms and Conditions at www.harbortouch.com/terms.  The Processing Agreement has a three (3) year term. 

2) POS System Service Agreement:

On November 5, 2014, Ms. ******* also entered into a Harbortouch POS System Service Agreement (“Service Agreement”). The Service Agreement governs the terms and conditions whereby Harbortouch agreed to provide Ms. *******’s business with two free POS systems based on her 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 Exhibit A and the Service Agreement’s terms and conditions. A copy of the Service Agreement is attached to this letter.

Harbortouch shipped the POS equipment to the merchant and on January 6, 2015 the merchant indicated to the sales rep that he refused the shipment.  Harbortouch received the returned equipment on January 7, 2015.   Harbortouch recognizes that the merchant never processed transactions and/or used the equipment.

Therefore, Harbortouch has waived the POS Service Agreement ETF (early termination fee) which would have been $138 x 59 months remaining in the contract signed by Ms. *******. 

Since the merchant refused the shipment the costs of return shipping would be at the merchant’s expense.  Harbortouch is waiving this cost of $61.00.

The merchant’s account has been charged an ETF for the Processing Agreement as referenced above. The ETF is $35 x the number of months (33) remaining in the contract.

Prior to deploying equipment for shipment Harbortouch invests considerable time and efforts building the product to the merchant’s specifications for the merchant’s business needs.  Once a POS System is built specifically for a merchant and then deployed it is no longer considered a new product.  Once the POS System is returned it is no longer possible for Harbortouch to issue that product as new. There is a cost of depreciation and a restocking fee of $250 is charged.

Currently there is and outstanding balance of $1,291 active in collections. 

After a careful review of the account and the involved circumstances, Harbortouch will waive the charges excluding a $250 restocking fee.

I encourage the merchant to contact the Harbortouch Collections at 800.201.0461 to resolve the $250 remaining balance. 

Legal Group

Harbortouch

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]

 Complaint: ********

I am rejecting this response because: The shipment was refused on January 2. They drafted our account on Dec 31, 2014 and would not answer or return a phone call until January 6. Their reasoning was it was the holidays. They debited funds from us before the equipment even arrived. We will not pay the $250. We wish we never even heard of Harbortouch. The salesperson that originally contacted us, Mary Rodriquez, has never returned a phone call. They should have never shipped a product if they were going to be completely shut down for the holidays. Our business is 24/7 and they are not able to answer a phone call? When they could not answer our questions, they failed to live up to their end of the contract. I owe them nothing. They have never done any processing for our business so the contract was never executed, again I owe them $0.00.


Regards,

***** *******








Business Response:

  • Harbortouch has waived all applicable early termination fees (ETF) as referenced in our prior response;

  • Harbortouch has waived the applicable shipping fees as referenced in our prior response;

  • In accordance with the POS System Service Agreement Terms and Conditions Item 3b(i) (a copy is attached) a restocking fee of $250.00 is valid.

I encourage the merchant to contact Harbortouch Collections at ###-###-#### to resolve the remaining balance.  

Legal Group

Harbortouch Payments, LLC

3/17/2015 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: Harbor Touch was the provider of our credit/debit card machine account, starting on August 11, 2009. In October of 2014, we changed our provider back to our local bank so that sales would be credited to our account in one day, rather than the two to three days it was taking with Harbor Touch. I mailed (certified mail) the Harbor Touch terminal, along with a letter canceling their service. I still continued receiving monthly charges taken out of my account, along with a $89 fee in January for the terminal rental which they received in October of 2014. I called several times, talking to different representatives about the continuing fees. All they could say was that the account could not be cancelled until I faxed them a cancellation form which stated a $250 termination fee or $35 month, which ever is more until the end of the contract. Without any notice the contract had been renewed two times without any written or electronic notification, which is required by the PA Senate Bill No. 991. According to their files the second renewal started in August of 2014, which leaves approximately eighteen more months. I finally reached a supervisor, Rhonda, who said that I could get me representative that signed me up to call office and waive the early termination fees. At that point, she would sent me a cancellation of service, waiving early termination fees. Our representative, Bill B******, has made several calls and to date I have not received the cancellation fee. Harbor Touch is continuing to take out the monthly fees from our account and have taken out the yearly fees for termination rental even though they received the equipment in October 2014.

Desired Settlement: Want Harbor Touch to cancel our account and refund all fees they have taken out of our checking account since October 2014.

Business Response:

We aredisappointed to hear ofMr. ******’sdissatisfaction 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. 

On August 11, 2009, Mr. ******s entered into a Merchant Transaction Processing Agreement (“Processing Agreement”).  The Processing Agreement governs the terms and conditions whereby Harbortouch (f/k/a ****** **** ****) agreed to provide Mr. ******’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. ******s received a copy of the Terms and Conditions prior to signing the Merchant Application.  However, he may also access the Terms and Conditions at www.harbortouch.com/terms.  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.

Harbortouch received the merchant’s written cancellation request and subsequently closed the merchant’s account in its database on February 26, 2015.   An early termination fee is valid in accordance to the Processing Agreement inclusive of the Terms and Conditions. 

The ETF has been reduced to $150.00. 

Legal Group

Harbortouch

3/16/2015 Advertising/Sales Issues | Read Complaint Details
X

Additional Notes

Complaint: Harbortouch tells you they will give you a free POS system with no strings attached then has you fill out tons of paperwork and after you've jumped through their many hoops they say they can't give you a POS because your sales volume isn't at least $12,000 a month. They never once said that in the beginning it's the classic deceptive bait and switch. Additionally it is not listed on any of the websites offering a free POS.

Desired Settlement: Disclose from the beginning sales needed for a POS and don't waste people's time filling out tons of forms and compiling documents only to refuse what you offered and what all your advertising says.

Business Response:

Habortouch has completed a detailed search in its database and has not been able to locate any information for the business, the business owner or for the address provided in this complaint.  Please provide us with a Merchant Identification Number (MID) in order to search further. 

Thank you.

Legal Group

Harbortouch

3/15/2015 Billing/Collection Issues | Read Complaint Details
X

Additional Notes

Complaint: I operate a Retail Liquor Store that had catastrophic flooding which resulted in the closure of the location. I have been with the company that processes the credit cards and contacted them to cancel services only to find out that they want to charge an early termination fee. Apparently I have spent 5 years, the initial 3 year contract and an additional 2 year automatic renewal with the company. Now the "Contract" had just automatically renewed again. My Complaint is that some documentation should have been mailed to the location disclosing an automatic renewal, and after the completion of the initial contract there should be no cancellation fees, especially when there is a catastrophic event that happen to the business that is out of the owners control. This is just a way for the credit card processors to extort money from small business' like me.

Desired Settlement: They should cancel my credit card processing, without any fees and thank me for my years of service to them.

Business Response:

We are sorry to hear of Mr. *******’s unfortunate circumstances. 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. ******* a satisfied Harbortouch customer.

Harbortouch recognizes that you have been a loyal and valued customer of Harbortouch since August 2009.   We will be closing your merchant account with no early termination fee. You have no outstanding balance with Harbortouch.

  Should you have any questions, please contact Harbortouch Customer Service at ###-###-####.

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.

Harbortouch

Legal 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]

 Complaint: ********

I am rejecting this response because: 

******,
I just read the response, and There should NOT be any "Outstanding" balances.
And I am Making sure that this does NOT affect me or My credit rating.
The only reason I bring this up as any outstanding balance that is written off becomes income to me and or my business.
That is NOT acceptable.
Please check on this.
Sincerely, ****.



Regards,

***** *******








Business Response:

******,

I checked this account this morning prior to receiving your email.

All charges were written off 12/30/2014.   The account is closed and there is no balance owed.

Gail S. N**********, Paralegal for

Jordan F******, esq.

General Counsel and Senior Vice President 

and for Terrence P. s*******, Esq

Assistant general counsel

Legal, Compliance, and Human Resources Group

Harbortouch

**** ***** ****** ****** | Allentown, PA 18109

Phone: ###-###-####| eFax: ###-###-####|****************************

3/3/2015 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: In January 2015 our business ended their contract with Harbortouch, formally ******** ********. Our contract states "No Cancellation Fee" and was signed by our General Manager in 2009 yet Harbortouch withdrew an additional $560 from our checking account as an "early termination fee", stating that our contract was till June 2016. I scanned our contract page 4 which states under the Special Instructions portion of the contract, "FREE EQUIP.PROGRAM NURIT 8320- NO CANCELLATION FEE" and is initialed by our General Manager. I sent the scanned contract page to Harbortouch. The customer service department at Harbortouch acknowledged that they saw the NO CANCELLATION FEE on our copy, but said they do not have that on their copy and they will go by their copy of the contract. It is my suspicion that someone from their company deleted NO CANCELLATION FEE from their electronic record of our contract. But I have the original signed copy. They are not honoring our agreement. Can you please help me with this?

Desired Settlement: Our business would like to be reimbursed the $560 illegitimate termination fee which was taken from our checking account in two withdraws on 1/21/15 in the amounts of $250 and $310.

Business Response:

We aredisappointed to hear ofthe merchant’sdissatisfaction 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. 

On June 19, 2009, *** ****** entered into a Merchant Transaction Processing Agreement (“Processing Agreement”).  The Processing Agreement governs the terms and conditions whereby Harbortouch agreed to provide *** ******’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.  *** ****** received a copy of the Terms and Conditions prior to signing the Merchant Application.  However, he may also access the Terms and Conditions at www.harbortouch.com/terms.  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.

Harbortouch received the merchant’s written cancellation request and subsequently closed the merchant’s account in its database on January 21, 2015.  An early termination fee of $560 is valid in accordance to the Processing Agreement inclusive of the Terms and Conditions. 

However, after a careful review of the merchant’s account, Harbortouch recognizes that the merchant has been a valued and loyal customer.  Harbortouch is willing to waive the ETF of $560 and will refund the merchant’s account.  It generally takes 5 to 7 business days for the refund to be deposited into the merchant’s account.  The merchant has no further obligation to Harbortouch. 

Legal Group

Harbortouch

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.]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. 

Regards,

********* ******

2/9/2015 Billing/Collection Issues | Read Complaint Details
X

Additional Notes

Complaint: This company purchased *** credit card processing which I was a customer of in 2012. I closed my account with them before Harbortouch bought them. Harbortouch then charged me last year for postage and handling on an account that hadn't been used. I closed the account with them again on 8/25 and remitted a closure document with an electronic signature. My account got billed again in January of this year for postage and handling $59. I made several attempts to call them, leaving messages for them to call me back and also sent an email last week. I finally got someone on the phone today that said my closure document could not be signed electronically and that I would have to resubmit. #1 the government recognizes electronic signatures and it didn't state on the document that electronic signatures were not accepted. #2 they said they called my home and left a message that day that it would have to be resubmitted. I didn't not get such a message. All I want is them to cancel my account that I have been trying to close for over two years now and refund the last $59. I have resubmitted my closure document with a hand written signature. I have not used there service in over two years.

Desired Settlement: All I want is them to cancel my account that I have been trying to close for over two years now and refund the last $59. I have resubmitted my closure document with a hand written signature. I have not used there service in over two years.

Business Response:

I have investigated the merchant’s account and the $59.00 charge is being refunded back to the merchant.  I have also requested that the account be noted CLOSED in our database as of 1/22/2015. 

           

MID

RecordDate

Amount

Reason

Status

**********

1/27/2015

UBC ACH $59.00

REF-BILLNG

PROCESS

                                   

The merchant has no outstanding balance with Harbortouch. 

Legal Group

Harbortouch

2/8/2015 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: 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. ***********’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. *********** a satisfied Harbortouch customer.

            1)         Merchant Transaction Processing Agreement

On June 6, 2013, Mr. *********** entered into a Harbortouch Merchant Transaction Processing Agreement (“Processing Agreement”).  The Processing Agreement governs the terms and conditions whereby Harbortouch agreed to provide Mr. ***********’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. *********** received a copy of the Terms and Conditions prior to signing the Merchant Application.  However, he may also access the Terms and Conditions at *************************.  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 ****** **** ****, Inc. d/b/a Harbortouch (“Harbortouch”) and ***** **** ***** (“Old Merchant”) and ********* **** *** ***** (“New Merchant”).  As per the terms of the Consent Agreement, whereby Mr. *********** (“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. **** *** **********).

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 Group

Harbortouch

2/8/2015 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: 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. ***** has been a valued and loyal customer.

We are disappointed to hear of Mr. ****** 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. ***** 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. *****. 

Upon our receipt of the completed cancellation form we will close the merchant’s account.   Harbortouch will close Mr. ****** account, without penalty.  Mr. ***** owes Harbortouch no further financial o

Legal Group

Harbortouch

 

 

 

 



 

 

2/8/2015 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: HarborTouch has against my written agreement has taken a sum of $89.00 out of my bank with out written permission. for *** ***** and ********* 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 ********* 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 *************************.  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. 

********* 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 Group

Harbortouch

2/7/2015 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: The initial 4 pages of agreement was signed on 7/21/2011via fax, as we tried to terminate the service due to fees were too high relative to others. Harbortouch informed us, we w*** be charged early hundreds of dollars due to early termination fees, we were informed there were a 3 years contract terms which was in a booklet and never disclosed before signing. After we pointed out to Harbortouch that the contract duration was never disclosed at the time of signing, they agreed to provide more reasonable rate to keep our business and service continued. On 6/12/14, we reached out to Harbortouch to ensure we have the new terms and conditions before the contract expiration date 7/21/14 to avoid any early termination fees. In June of 2014, Mary S. M******, Designated Retention Specialist OF Harbortouch ###-###-####. We will not under contract and she will put us under mo to mo review. Mary stopped communications after 6/27/14, we even asked her supervisor Glen G*** ###-###-#### to assist, however, our phone calls & emails were repeatedly ignored. (Pls let me know if BBB needs the complete email strings). We realized this could be a delay tactic so they can charge us illegally after contract expired. We send emails, returned the credit card terminal processor unit enclosed the complete email strings. Then we found out 5 unauthorized charges by Harbortouch. We tried to initiated a call to customer service but they said only Sales team - Mary M****** and Glen G*** can close the account and stop the illegal charges. So, we had to give anther try with the same people which did not do their job and caused the whole mass. We send email to ask Glen G*** (Mary M******'s boss), and he forward to Mary M******, Mary send an email confirm receipt of the email. And the endless circle of unresponsive, unprofessional and un-ethical behavior continues. We are asking to close Merchant ID account ******** and reverse the charge to our account, and stop charging any fees to our account immediately since there is no service provided since Aug. of 2014. There are many were misled by Harbortouch intentionally. It's time for BBB to stop it. Your assistance in this matter is very much appreciated.

Desired Settlement: We are asking to close / terminate Merchant ID / account ******** asap and reverse all illegal charges to our account, and stop charging any fees to our account immediately since there is no service provided since Aug. of 2014.

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 July 20, 2011, *** ***** entered into a Harbortouch Merchant Transaction Processing Agreement (“Processing Agreement”).  The Processing Agreement governs the terms and conditions whereby Harbortouch agreed to provide *** *****’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.  *** ***** received a copy of the Terms and Conditions prior to signing the Merchant Application.  However, he may also access the Terms and Conditions at *************************.  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.

Harbortouch does not offer month to month Agreements.

In accordance to the Processing Agreement D7 inclusive of the Terms and Conditions as referenced in Section 5 titled Termination of Agreement.  The Agreement is for a three (3) year term and an early termination of $250 or $35 multiplied by the number of months remaining in the merchant agreement (whichever is greater) would be applicable to the account.

In an effort to resolve this matter amicably Harbortouch has waived the ETF for the merchant.

Harbortouch requires cancellation written requests in writing.  We w*** 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 received the merchant’s written cancellation request dated January 20, 2015 and therefore closed the merchant account in our database. 

All processing fees and charges incurred by the merchant until the date of the closure are valid in accordance with the terms and conditions of the Processing Agreement.

We encourage *** ***** to contact Harbortouch’s Collections Department at ###-###-####. 

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 Group

Harbortouch

Business Response: Harbortouch has closed the merchant account in our database on January 21, 2015 and have written off the remaining balance of $228.00 in collections. 

Consumer Response:
Better Business Bureau:

We have reviewed the response made by the business in reference to complaint ID ********, we verified our corp. account and HarborTouch did credit back the unauthorized charges.  When wer feel strongely that it is our duty to prevent others from misleading by HarborTouch, however, we understand there is not much we can do from here.   We hope that HarborTouch will learn from this and change its predatory business practices.  


We deeply apprecaite BBB's effort in helping to resolve this issue.      

Regards,

**** ******

2/6/2015 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: My bar in River Falls Wisconsin decided to upgrade to a Point of Sale System. The system arrives with 2 remote printers that my business does not need. I immediately asked to return them and refund the money. The company refused to honor this request. This is costing my business $14.00 a month. The salesman claims that there is nothing they can do. I can't even use these printers and the salesman new this. He came into my bar and saw the set up we had but added them to our contract. Then the situation got worse. After 3 months of using the system I got a extra charges of over $300 additional to my monthly charge. I called up the salesman and he said that it was in the contract. I asked him where. He circled it. It was listed under the shipping charges in very fine print with other information about the shipping charges. It states that there will be a $59.00 additional charge per system. I purchased 1 point of sale system with 4 monitors. I have one business and all the touch screens have the same program. They claimed that it was 4 systems. My contract is for a POS system. Not 4 systems! It even states this in the purchase of 1 Harbortouch POS system right at the base of the contract. Additional, for each terminal is states in Bold print that the total price per month is $207.00 and $75.00 per station. They used the word TOTAL! I thought that would be my cost. Then, 3 months later I get hit with extra billing. I called there company, and waited on hold for a hour and then left a message and they never called back. When I finally got a hold of them, they said that this is how it is for everybody. That is not acceptable. The salesman I worked with is not a employee of Harbortouch, but a independent contractor. So when you try to get some resolve, they blame each other.

Desired Settlement: My desired outcome is two things. I want to be refunded the extra fees that I have been falsely charged, and never to be billed extra again. Or, have them come take there system and never hear from them again,

Business Response:

We are sorry to hear of Mr. ****’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.

I would like to clarify to the merchant that there are two (2) distinct Agreements:

1)  Merchant Transaction Processing Agreement:

On June 25, 2014, Mr. **** entered into a Harbortouch Merchant Transaction Processing Agreement (“Processing Agreement”).  The Processing Agreement governs the terms and conditions whereby Harbortouch agreed to provide Mr. ****’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. **** received a copy of the Terms and Conditions prior to signing the Merchant Application.  However, he may also access the Terms and Conditions at www.harbortouch.com/terms. The Processing Agreement has a three (3) year term. 

2) POS System Service Agreement:

On June 25, 2014, Mr. **** also entered into a Harbortouch POS System Service Agreement (“Service Agreement”). The Service Agreement governs the terms and conditions whereby Harbortouch agreed to provide Mr. ****’s business with free POS systems based on his 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 Exhibit A and the Service Agreement’s terms and conditions. A copy of the Service Agreement is attached to this letter.

  • I refer the merchant to the Service Agreement Sections I and II for the pricing details as follows:

              

3 POS Elite system work stations

$69.00 per month x 3 = $207.00

1 POS Elite S system (“Brain”) server for the 3 work stations

$75.00 per month x 1 = $  75.00

            Total of POS Units

                                 4 = $282.00

2  Remote Printers – Thermal

$ 7.00 per month x 2 = $ 14.00

Monthly Service Fee Section II TOTAL                           

                                       $296.00

  • I refer the merchant to Section C4 of the Processing Agreement (Merchant Application).

Quarterly Software Support Fee per POS system

$59.00 quarterly fee X 4 = $236.00

Quarterly Software Support Fee TOTAL

                                            $236.00

After a detailed review of your merchant account, it has been determined that all fees and charges incurred were billed by Harbortouch in accordance with the terms and conditions of the Processing Agreement and the Service Agreement. 

A proposed option for Mr. **** is to complete a new Point of Sale Service Agreement POS Elite Exhibit A with the removal of the two remote thermal printers. This would reduce his monthly service fee by $14.00.  Mr. **** is encouraged to contact our Reacquisition/RMA Manager at ###-###-####. 

Should Mr. **** choose to cancel his agreements with Harbortouch then early termination fees would apply for each agreement.  I refer the merchant to the terms and conditions for details regarding termination of his agreements.


Legal Group

Harbortouch

Business Response:

The additional rate increases are in compliance with the Card Associations.  Please refer to Section 3.2 of the Terms and conditions.

In this final response, Harbortouch reiterates is position as stated in its prior responses.

Legal Group

Harbortouch   

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]

 Complaint: ********

I am rejecting this response because:The company refuses to accept responsiblity for it's poorly written and missleading contract.  I have attached a indepedent review of the company.  It gives them a D in the area that I am contesting.  They have a very low BBB rating and it just got lowered because of all the bad reviews. The company has a over a 1000 systems in place but there have been 215 complaints filed in 3 years.  That is really bad.  84 of them have been billing or collection issues.  Please read the attachments. The only solution now is to have them take there equipment back and never do business with them again. I hope everyone reads this complaint and stays away from this company.  


Regards,

***** ****








2/6/2015 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: I have contacted this company several times trying to get rid of their service and they keep billing me. I am no longer in need and they will not end my contract. I have not signed any for in 6 years for a contract. Harbortouch keeps taking out different amounts of money each month seeing if they can get away with it. I also have been to the bank and sent several forms of unauthorized to take funds of my account to Harbortouch. I just want to be done with their services with out having to pay a fee.

Desired Settlement: I no longer want their service and want to be done with Harbortouch. No more fees!

Business Response:

Harbortouch recognizes that Ms. ******* has been a valued and loyal customer since September 23, 2008.

We aredisappointed to hear ofMs. *******’sdissatisfaction 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. 

On September 23, 2008, Ms. ******* entered into a Harbortouch Merchant Transaction Processing Agreement (“Processing Agreement”).  The Processing Agreement governs the terms and conditions whereby Harbortouch agreed to provide Ms. Wood’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.  Ms. ******* received a copy of the Terms and Conditions prior to signing the Merchant Application.  However, she may also access the Terms and Conditions at www.harbortouch.com/terms.  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.

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. 

All fees and charges incurred are valid in accordance to the Processing Agreement inclusive of the Terms and Conditions.   Harbortouch has closed the merchant’s account in its database on January 15, 2015 and applied the early termination fee.   Harbortouch is willing to waive the $95.00 termination fee and we will refund the compliance fee charged to the account on January 3, 2015 in the amount of $91.25 reducing the balance in Harbortouch collections from $342.75 to $156.50.   I encourage Ms. ******* to contact Harbortouch Collections Department at ###-###-####.

Harbortouch will be sending the merchant a shipping label and any other necessary materials to return the processing equipment at no charge to her.   

Legal Group

Harbortouch

Business Response:

  • Harbortouch reiterates is position to Ms. *******;   

  • Harbortouch has no record on file of Ms. *******’s written request to cancel her merchant account and we will not terminate a merchant account with a phone call as mentioned in our prior response;

  • After a subsequent review and as previously stated all fees and charges incurred are valid in accordance to the Processing Agreement inclusive of the Terms and Conditions;

  • In this final response Harbortouch is reducing the amount in collections to $106.50; and

  • Once again, I encourage Ms. ******* to contact Harbortouch Collections Department at ###-###-####.

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 Group

Harbortouch

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]

 Complaint: ********

I am rejecting this response because: Like I already previously stated I have sent in 2 written notices about canceling my account. But harbortouch has conviently not received both of my written faxes. As I stated before I will not pay any fees. Your company is awful to do business with. Nothing but liars and sneakiness.




Regards,

***** ****-*******








1/31/2015 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I email all infor to the email and tried to put it in here. I will try again. ~~~~~~~~~~~~ Below is the correspondence I sent this company after trying for many months to work it out with the salesman and the company. There is more correspondence - I can email to you. ~~~~~~~ ATTACHMENT TO CONTRACT CANCELLATION Wednesday, January 07, 2015 HarborTouch **** ***** ****** ****** Allentown, PA ***** Dear HarborTouch, I DO NOT AGREE WITH YOUR CONTRACT. IN FACT, I HAVE REPEATEDLY NOT AGREED WITH YOUR CONTRACT SINCE, January 11, 2014, date when I told your salesman that the only way I would switch to using your company was if your hardware worked with my cash register software on my Ipad. He ASSURED ME that it would work, beyond any doubts, AND PROMISED THAT IF IT WOULDN’T I WOULD BE LET OUT OF THE CONTRACT. YOUR HARDWARE DID NOT WORK WITH MY SOFTWARE! I TOLD HIM IMMEDIATELY AND HE ASSURED ME HE WOULD CANCEL THE CONTRACT AND I COULD RESUME USING THE COMPANY I HAVE BEEN USING ALL ALONG TO PROCESS MY CREDIT CARD TRANSACTIONS. (SEE 2nd page for How This Happened.) I HAVE NEVER USED YOUR COMPANY TO PROCESS MY CREDIT CARD TRANSACTIONS. Check your records and you will see that the only one was the initial setup. That will show you the setup date, it will also show you the date that I should be REFUNDED all moneys that you have charged me. ONCE YOUR HARDWARE DID NOT WORK WITH MY SOFTWARE – THIS CONTRACT WAS NULL AND VOID !! I AM THE ONLY ONE WHO HAS HAD A FINANCIAL LOSS FROM THIS PREPOSTEROUS ARRANGEMENT – NOT YOU! I have been charged every month, $30, for a service that I did not use and it has cost you nothing. I have tried REPEATEDLY to cancel this contract, with the original salesperson, and also with your staff (some who are entirely rude by the way), and who care nothing about my business. They continue to repeat “you signed a contract” when I have clearly explained the situation. I even contacted YOU the owner, who promptly sent my complaint down to the same department that did not rectify the situation in the first place. YOUR COMPANY DID NOT UPHOLD YOUR END OF THE CONTRACT – WHICH WAS TO HAVE YOUR HARDWARE WORK WITH MY SOFTWARE. THEREFORE THIS CONTRACT WAS NULL AND VOID EVEN BEFORE BEGINNING – AND I WANT A FULL REFUND OF $330.00. FOR 11 MONTHS OF YOU TAKING MY MONEY FROM MY BANK ACCOUNT. And I asked many times what I needed to do cancel, and was never told I needed to fill out this form until recently. Otherwise I would have filled it out before and sent it – and still given you this disagreement. YOU and your company are NOT ENTITLED TO MY MONEY – YOU HAVE PROVIDED NO SERVICE TO ME ! After talking with the original salesman for several months!, trying to get this resolved, he tried to sell me another piece of machinery that would work with my store setup. It was not acceptable and I sent it back. Check your records and you will see it was never setup, never used, and sent back in full unused working condition – at my shipping expense. I WANT A RESOLUTION – AND THE ONLY RESOLUTION I WILL ACCEPT IS FULL REFUND OF ALL THE MONEYS YOU HAVE TAKEN OUT OF MY BANK ACCOUNT SINCE THIS WHOLE DEBOCLE STARTED. Sincerely, *** ***** ******** ******* ***** *** **** *** ****** Watkins Glen, NY ***** ###-###-#### – cell ###-###-####

Desired Settlement: I want my full $330 dollars back they have taken from me, and any further money they take from January 1, 2015, and into the future.

Business Response:

We aredisappointed to hear of*** *****’sdissatisfaction 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. 

Our Quality Control Manager has been actively working on a resolution to this merchant’s complaint.  After reaching out to the merchant and careful evaluation of the circumstances Harbortouch will refund the $250 ETF and $178.00 for PCI fees to the merchant.

Legal Department

Harbortouch

1/30/2015 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: WOW, Where to start? This company by far is most Dishonest company I every seen, They never ask me about w9 form and I just realized that my deposit is not matching my batch. Apparently they have talked to my employee over the phone and ask for w9 form????? I never got any mail or certified mail and they took 28% of my deposit and send it to IRS... UNBELIEVABLE, dont know how they are in business , also they charge you anything they like ( not whats in contract ) for their fees and services.

Desired Settlement: I would like to get my refund on the money they hold

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 ***** of the Internal Revenue Code.

Section *****, 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

********************************************

*************************************************************

Lastly, Harbortouch has documented a dozen attempts to contact the merchant from 11/20/2014 through 1/2/2015 regarding this issue.  On 1/2/2015 Harbortouch left a message with an employee of the merchant advising we required an updated W-9 form.   There have been a total of 17 attempts up to 1/13/2015 the same date of the merchant’s complaint entered in this forum.

Legal Department

Harbortouch

Business Response:

Harbortouch provided the merchant with an explanation for the 28% withholding on his account which he referred to in his initial complaint.  The explanation is to inform the merchant that Harbortouch is in compliance with the IRS in accordance with Section *****.

The contact information we have on record is what the merchant provided to Harbortouch when the merchant account was opened.   Harbortouch used this information in its attempt to reach the merchant multiple times via telephone and email.

It is the responsibility of the merchant to provide updated accurate contact information on their merchant account.

I am attaching a copy of the Merchant Transaction Processing Agreement and an email correspondence to the merchant dated January 2, 2015. 

Legal Group

Harbortouch

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]

 Complaint: ********

I am rejecting this response because:

This is getting to fraustrating, they just keep trying to say why and for what reason took our money and send it to government,

But the problem was their lack of responsibility to let us know, again, we did not receive any email, just phone calls to my minimum wage employee ( for this big matter ) and not having courtesy to send us certified mail to make sure we get informed 
Regards,

***** *******








1/18/2015 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: 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 ***** which is their merchant processor but they do not have a clear responses either. (We have contacted Bank of ***** 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

********************************************

*************************************************************

 

 

1/8/2015 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I have been a customer of Harbortouch since 2006 as a provider of merchant services for my business. I am closing that business and was told today that I can not cancel until March 2015 as I am on a 3 year contract with a 3 year renewal or else pay a $250 fee. I disagreed with this and stated so. I was told in 2011 when I called to inquire about terminating my services and switching merchant providers that I was on a month to month contract, I'm sure they can check their records for my call from November of 2011. The rep that I spoke with today said that wasn't the case and I had no recourse. I offered to pay the remaining monthly fees through March so that I can wrap up the business but was told that was not an option. The business is closing and to keep a company held up like this is in my opinion, poor practice, and they need to honor the month to month.

Desired Settlement: I would like what I was told in November 2011 regarding my account being month to month to be honored and my account closed immediately without a $250 fee.

Business Response:

Harbortouch recognizes that *** **** has been a valued and loyal customer.

We are sorry to hear of *** ****’s business closure.  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 March 21, 2006, *** **** entered into a Harbortouch Merchant Transaction Processing Agreement (“Processing Agreement”).  The Processing Agreement governs the terms and conditions whereby Harbortouch agreed to provide *** ****’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.  *** **** received a copy of the Terms and Conditions prior to signing the Merchant Application.  However, she may also access the Terms and Conditions at www.harbortouch.com/terms.  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.

Harbortouch does not offer month to month Agreements.

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. 

Nevertheless, in an effort to resolve this matter amicably, Harbortouch will accept *** ****’s complaint as a sufficient writing indicating her desire to terminate her Harbortouch Merchant Account. Therefore, Harbortouch will close *** ****’s account, without penalty. *** **** owes Harbortouch no further financial obligation.

Legal Department

Harbortouch

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.]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.    As a note to the business and the response, please note that per section 15 of the agreement that I signed on March 21, 2006, the termination fee was to have been waived which perhaps may be why I was referred to as "month to month" when I called in 2011.

Regards,

****** ****

1/2/2015 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: ********* *********** ****** established a credit card processing account with HarborTouch on December 10, 2010, with Pedro G*******, HarborTouch Agent. The agreement explained to me was, I would be in a two year contract, and after I can cancel anytime. I have been with HarborTouch since December, 2010 until closing my account on October 1, 2014, due to over excess fees, I was noticing in my bank statements. In 2013, I paid a total of $586.60 in fees and in 2014; I paid a total of $610.19. In early march of 2014, I spoke with Alexis D**** to want to cancel my account; she worked with me to decrease some of the fees. Still my account was being deducted with little to no change of the charges made. I sent a request to cancel my account on October 1, 2014 and returned the equipment on October 14, 2014, through ***. I called a few days later, they confirmed they received equipment. I later receive a letter; I am in collections and owe $505.00. Please, investigate this company, I already received a Legal Notice, this company is being sued by **** ******** in Civil Action. I no longer feel, I need to give money to this company. I stayed loyal until they began wrongfully charging fees with no notice and being I was clearly stated by the agent I signed the agreement, I would only be in agreement for two years. I feel, I completed my term and should not be penalized for closing my account. I would like HarborTouch to remove ********* *********** ****** from collections. If you need further copies or documents from my account, I would gladly be able to provide. Thank you for your attention,

Desired Settlement: I closed my account with HarborTouch on October 1, 2014 and return equipment on October 14, 2014. I would like for them to remove me from Collections and any charges they have under ********* *********** ****** Inc.

Business Response:

We are sorry to hear of *** ******’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.

On December 10, 2010, *** ****** entered into a Harbortouch Merchant Transaction Processing Agreement (“Processing Agreement”).  The Processing Agreement governs the terms and conditions whereby Harbortouch agreed to provide *** ******’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.  *** ****** received a copy of the Terms and Conditions prior to signing the Merchant Application.  However, she may also access the Terms and Conditions at www.harbortouch.com/terms.

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 terms of Termination are detailed further in Section 5 of the Terms and Conditions and Section D7 of the Merchant Processing Agreement($250or$35 x number of months remaining in contract whichever is greater per the Merchant Processing Application and Terms and Conditions) inclusive of the Terms and Conditions. An ETF of $455 ($250 + $35 x 13 = $455) was charged to *** ******’s merchant account. The two charges rejected from the merchant’s account and NSF (Insufficient Funds fees) were applied (2 x $25). 

10/14/2014

$205.00 cancellation fee + NSF fee of $25.00

$230.00

10/14/2014

$250.00 cancellation fee + NSF fee of $25.00

$275.00

  Total in Harbortouch Collections

$505.00

However, in an attempt to resolve this matter amicably Harbortouch will waive  the ETF of $205.00. 

Harbortouch is willing to work with *** ****** in regards to the remaining outstanding balance of her account. I encourage *** ****** to contact Harbortouch’s Collections Department at 800.201.0461 in order to resolve this matter.

After a detailed review of the account, the monthly processing service fees that have been charged until receipt of her written notice of cancellation in October 2014 are valid in accordance with the Processing Agreement inclusive of the terms and conditions. 

Regarding the Independent Sales Organization (ISO), the ISO is an independent contractor and statements made by the ISO cannot be validated.  Any verbal agreement is superseded by the written signed agreement.   The contractual agreement between the merchant and Harbortouch is the written Agreement signed and dated as referenced above.  

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 Department


Harbortouch

12/29/2014 Billing/Collection Issues | Read Complaint Details
X

Additional Notes

Complaint: A client of mine had paid $7903.19 between 2 credit cards for services rendered on 10/14/14. The customer had filled out a credit card authorization form and provided a copy of her U.S. Passport picture page; signatures matched. The transaction was processed through Harbortouch's Point of Sale register. The charges were approved, however they failed to batch the transaction the same day; they also decided to flag the transaction and until this very day have not remit payment for the approved charges. We had been pre-approved for $20,000.00 of transactions a month; this total was a fraction of that. I had contacted my local sales rep, Mr. Nathan W*** on 10/16/14 (###-###-####) and advised to me to contact Kristy M**** @ Harbortouch Risk dept @ ###-###-####; she was not cooperative at all. She had advised that I had accidently overcharged (which I had reversed the same day, yet on the POS it did not accept the reversal physically; more time lost to get that straightened out, however it did on 10/20/14). When we had negotiated terms with Harbortouch in June 2013, we had advised that we would use it for moving/shipping/sales of office products/packing material, when we I operated it from a retail store in Hollywood, FL. When we decided to operate as a home based business - still selling the same services with greater emphasis on the moving aspect, we had called in there 800 number to keep them aware. 16 months later they decided to hold our money, void our merchant and contract because they claim about a misunderstanding about the services and charges. I have the documents that were provided in the welcome kit... $20,000.00 a month. If they want to terminate the contract it is entirely up to them, but they are holding our money, attempted to seize $3174.00 from our bank account on 10/23/14 (our bank had reversed the charge to our account), they want us to pay for packing material to pack the POS and accessories; they were supposed to e-mail a *** air waybill (which they did not do). I can understand if I cancelled the contract, but I did not; nor did I have a desire to. I attempted to reason with Brittany @ Harbortouch ( who refused to provide her last name), but she would not transfer me to her supervisor and insisted that I contact my sales rep, Nathan Wolf, and make him contact Harbortouch.

Desired Settlement: (In chronological order) 1. A written confirmation that they terminated the contract with no present nor future financial obligations to Harbortouch 2. $7,903.19 which they are still holding 3. Packing material to return the POS and accessories to them 4. A prepaid *** air waybill to ship back the POS and accessories 5. No more contact with our company or its officers once the POS is dropped off at a *** Store or a *** Authorized Ship Center (I would e-mail a receipt at which point communications would cease).

Business Response:

On June 4, 2013, *** ****** entered into a Harbortouch Merchant Transaction Processing Agreement (“Processing Agreement”).  The Processing Agreement governs the terms and conditions whereby Harbortouch agreed to provide *** ******’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 Transaction Processing Agreement (“Processing Agreement”) is attached.  *** ****** received a copy of the Terms and Conditions prior to signing the Merchant Application. However, you may also access the Terms and Conditions atwww.harbortouch.com/terms.

On June 4, 2013, *** ****** also entered into a Harbortouch POS System Service Agreement (“Service Agreement”). The Service Agreement governs the terms and conditions whereby Harbortouch agreed to provide *** ******’s business with free POS systems based on his 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 Exhibit A and the Service Agreement’s terms and conditions. A copy of the Service Agreement is attached to this letter.

Both the Service Agreement and Processing Agreement have early termination fees that apply.

The amount of $7,903.19 the merchant is disputing was for 2 duplicate credit charges on 10/14/14 in the amounts of $3,951.60.  These charges did not have cardholder authorization.   Due to the excessive amount of chargebacks the merchant’s account was closed by Harbortouch in accordance with the Terms and Conditions Further information regarding chargebacks is detailed in Terms and Conditions.

Due to the chargeback activity, on October 21, 2014 written notice was provided to the merchant informing him that his business does not conform to the Harbortouch underwriting guidelines.

Harbortouch will contact the merchant to provide shipping supplies for the return of the equipment. 

Harbortouch

Legal 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]

 Complaint: ********

I am rejecting this response because:  Harbortouch is incorrect with their guesses.


I am attaching a copy of my client's credit card authorization form - signed; along with a copy of her passport picture page.

The total amount that was to be charged was $7903.18 between two (2) credit cards.  I had realized after charging one that I had inadvertently charged one card $7903.18 and $3951.60 on another and immediately begun doing a refund through Harbortouch's POS, however, I later learned that it did not process.  

Therefore, I had contacted Harbortouch to perform the 2nd charge.

The problem was not us; the problem was that Harbortouch did not batch the transaction and decided to take possession of our $7903.18 and hold it until further notice.

They then decided to terminate the contract that we had with them.

On top of this, they decided 3x to take money from our banking account, even though they did not deposit any part of my client's payments to our account, and after they had terminated the contract.  On 10/23/14, Harbortouch tried to take $3174.00 from our bank account, however, our banked charged back on 10/24/14.  On 11/4/14 Harbortouch tried to take $7903.20 from our bank account again; on 11/5/14 our bank charged back since we are owed $7903.18; not the other way around.   On 11/3/14 they took $285.56 from our account for the payment of the transsaction, however, they cannot help themselves to that money if they are not remitting payment to us for the $7903.18.  This is a double-standard; it does not work that way.  If they want to hold our money hostage for 120 days, then they have to wait to receive their $285.56.  

The thing that irritates me about the way Harbortouch has handled this situation is that their customer service has been horrible; they do not transfer calls to speak to a manager; they refuse to provide last names (example - Brittney refused to when I had asked her).  What I don't understand is that they never had a vendor accidently over charge and try to fix quickly before?  I guess they are perfect, but their customer service skills are not.

We really need your help so this problem can be ressolved quickly.

Thanks and Regards,

**** ******








Business Response:

Harbortouch has stated its position in our prior response(s).  We are still willing to offer the merchant shipping materials to return the equipment.

 

Legal Department

Harbortouch

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]

 Complaint: ********

I am rejecting this response because:  Harbortouch has failed to do the following:


* 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).

* Why they attempted to take out $3174.00 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 $7903.20 from our account which they collect on percentage (meaning we needed to have $2,395,000.00 in charged receivables that day, which is not remotely close to what we had charged; we charged only $7903.19)

* Why did they blacklist us with **********, when again, we were supposed to pay $74.99 per month and not $3174.00 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 $7903.19.

* 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 24 hours to batch the payments, as well as why it was taking so long to process.  When I had contacted Kristy M**** @ 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).

* Why did Harbortouch try to charge my company $450.00 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 ********** as a cover up to Kristy M****'s gross negligence.

We are the victims in this.  On top of this because of the Blacklisting in **********, we can't receive any merchant services from a competitor of Harbortouch.

We 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 well.

Before anything can get accomplished, we need to be removed from the blacklist without further delay.  Harbortouch wants to reach a resolution...... let's start with an important start.

From there we can start moving forward.

Regards,

**** ******








12/23/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: In early November I received a B-Notice from them requesting updated w-9 information otherwise I was subject to a 28% tax penalty from the IRS. The documents state that I had until December 03, 2014 to submit the forms before the penalty would start being withheld. I submitted the paperwork and got email confirmation from them stating it had been received and updated in the system. On December 04, 2014 the 28% tax penalties started being withheld from my credit card processing funds. I contacted them on Tuesday December 09, 2014 & spoke to a supervisor that reconfirmed the paperwork had been submitted and updated well before the December 03, 2014 deadline date and it was an error on their behalf. She emailed the proper department to stop the penalties from being withheld and on December 10, 2014 they stopped withholding. She told me the funds would be given back to me once released. Now they told me the funds were released to the IRS and it's out of their hands now they can't assist me. I have called the IRS two days in a row and spoke to people in two different departments regarding the issue. They both advised me of the regulations and guidelines to be followed by the banks/payers in IRS Publication 1281 and even went through it with me, telling me the page numbers to refer to & show the bank/payer. The IRS as well as in writing in Publication 1281 on page 9 clearly states that the bank/payer is able to refund the erroneously withheld funds, even if they have already been released to the IRS. I've talked to three supervisors, one who point blank told me it was "my fault for waiting to the last minute, she wasn't going to keep going back & forth with me about it, they were not going to do anything about it and to call the IRS to resolve it myself". as well as the CEO of Harbortouch and they all keep telling me that they cannot do anything about it and I cannot get my money back until I file my tax return in 2015. This is an absolute slap in the face to my business. I just want my money refunded to me now, not in 2015. They made the mistake, they've admitted to making the mistake, I have all the email correspondence and paperwork proving it that I have sent to them as well and because of them I'm out $720 which never should have been taken from me to begin with. I followed the IRS guidelines and complied to the rules stated in the documentation provided to me.....they did not comply with the IRS guidelines, therefore they should be held liable for refunding my money!

Desired Settlement: I want my money refunded to me from Harbortouch for the erroneously withheld tax penalties that the IRS says they should refund me due to their mistakes.

12/20/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: on 3rd November my credit machine provided by Harbor Touch was not working. I then called the Harbor Touch Tech representitive to walk me through to fix a non working credit card reader. It seemed to work. I was happy process my costumers. Without me knowing it. Money was not deducted from their accounts. Over a period of time three weeks a total $2281 was never deposited in my business account. All transactions recipts seemed normal . Nothing in the paper recipt seemed out out of the ordinary, however upon closer inspection, in small letter, "Training Mode". Nothing other than this was shown to show invalid sale. I consider this a deep product flaw of the credit card machine, in addition, I was walked through this fix on the 3rd of November, The Tech had a computer in front of him did not pick up the Training Mode. On On the 29 of November on discovery of this, the teck was called again out of training mode he claimed only to discover it was still in training mode. I have machine in training mode as evidence. I complained, they will not cover for the loss. All recpts looked normal during this time.

Business Response:

Harbortouch understands your position.  Please also understand that this is a situation in which both you and Harbortouch have a loss.  When a merchant does not receive funds for its sales, Harbortouch does not receive funds for processing of those transactions.  We are in the same position here.  We recognize that you have been a loyal customer to Harbortouch.  With that said, we need your assistance. 

No terminal is shipped out in training mode

For a terminal to be placed in training mode there is a process to do so.  When a terminal is in training mode the bottom of screen display says that the terminal is in “Training Mode”.   On the top of the printed sales receipt it will state "**** TRAINING MODE****" and on the bottom of the receipt in smaller caps it will also read ****TRAINING MODE****.  In addition to this your AUTH code will be all x's not real numbers.  Finally when you settle your transaction at the end of the day the settlement report will read ****TRAINING MODE**** it will also read again in the middle of the settlement report ****TRAINING MODE****.

I am attaching a sample receipt and settlement report showing what they would like when the terminal is in TRAINING MODE.

Next, the steps for taking a terminal out of training mode.  The terminal will ask you “Would you like to leave training mode "YES” or “NO."  This could be the point where an error occurred.  If you do not enter the correct response it will remain in training mode.  The natural response could have been to hit the no button as in "No I do not want training mode on."  This is the most likely way the terminal remained in training mode.  As far as a technician seeing what was on your terminal, it is not possible, and for that reason we rely on the merchant to tell us what is on their terminal in order for us to troubleshoot terminals. 

When a terminal is in training mode there are no transactions processing or being authorized through your terminal.  With no transactions processing through your terminal, Harbortouch is not able to process transactions.  Therefore, there is no Harbortouch record of transactions, since no transactions processed on your terminal while in TRAINING MODE.

Legal Department

HARBORTOUCH

12/1/2014 Billing/Collection Issues | Read Complaint Details
X

Additional Notes

Complaint: In April 2014, I reach out to HarborTouch to cancel one of my accounts with the company. The cancellation was for my e-commerce site. After I spoke with a customer service representative, they disconnected my service, therefore my customers were unable to complete their online purchase. I received several emails from customers in regards to their frustration. I thought the account was closed, since customers were not able to process their payment. Then I realized that HarborTouch was still charging me approx. $32 a month, for a service that was not being provided. When I called in October 2014, to rectify the situation, HarborTouch wanted to charge me $250 to cancel the account and would only waive the fee, if I agreed to keep the other account open. Charging me $250 for an account that was not processing payment for several months, seems like a substantial fee for an account not processing payments. After several calls and hours of time speaking with customer service, they finally canceled the account and promise to reimburse me the charges from April to October. When I called in November, to check on the status of the reimbursement, they said they had no record of that. This company, has hidden fees and is very difficult to get any customer service issue handled. I was promised that a manager would call and they never happened.

Desired Settlement: To be reimbursed for the charges since April 2014.

Business Response:

We are sorry to hear of *** ********’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.

On April 5, 2013, *** ******** entered into a Harbortouch Merchant Transaction Processing Agreement (“Processing Agreement”).  The Processing Agreement governs the terms and conditions whereby Harbortouch agreed to provide *** ********’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.  *** ******** received a copy of the Terms and Conditions prior to signing the Merchant Application.  However, she may also access the Terms and Conditions at www.harbortouch.com/terms.

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 *** ********’s circumstance, Harbortouch did not receive the written request until October 17, 2014 at which time her merchant account was closed in our database.  No further fees will be charged to this merchant account.

Harbortouch has waived the ETF of $250.00 for closure of her account (ETF terms in Section D7 of Merchant Application and Section 5 of Terms and Conditions). The monthly processing service fees that have been charged until our receipt of her written notice of cancellation in October 2014 are valid in accordance with the Processing Agreement inclusive of the terms and conditions.

Harbortouch Legal Department

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

11/29/2014 Advertising/Sales Issues | Read Complaint Details
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Additional Notes

Complaint: I was intentionally deceived buy the sales representative on the duration of the service agreement. I repeatedly asked for clarity regarding the duration of the contract and was given the same response that the agreement was for 3yrs. This was apparently a partial truth, from what i have discovered recently after being prompted to investigate due to unauthorized charges from Harbortouch to my bank account. The merchant services required a 3yr commitment, what was not stated is that the equipment was not free as stated but was a 5 year finance agreement. What was stated to me was that Harbortouch will give my company a free POS system for a 3yr agreement for merchant services. I have attempted to resolve this issue with the company and actually have not received a call from the company or been able to get anyone to accept my call over the coarse of several months until three days ago from today's date 10/20/14. Only when i attempted to reverse the unauthorized charges on my account, (per their company's sales representative's instructions) did I hear from harbortouch. In addition, those charges were never reversed until I contacted my banking institution and filed a complaint. Due to the account being mistakenly cancelled I began to receive communication attempts from their collection department. Harbortouch claimed that they were unable to contact me, however, I previously verified my contact information as being correct. In this conversation the customer rep admitted that it was a very real possibility that this scenario i presented is highly likely and that she would try to come to some settlement agreement. This lead me to believe that this was a familiar compliant to the representative. Harbortouch did attempt to settle but the settlement amount was no different from the full amount of the remaining balance of the contract. I counter offered but harbor touch refused my counter offer. I simply want what was advertised ("a free POS System with a three year contract agreement") and stated to me several times from the sales rep. I clearly demonstrated my commitment to honoring what i was lead to believe to be a merchant service agreement. My company i procured the service for has been closed since May 2013, I have never missed a payment.

Desired Settlement: To fulfill my 3yr merchant service obligation only and this not to reflect on my or my company negatively in any way

Business Response:

We are disappointed to hear of *** *******’ 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 all we can to make the merchant a satisfied Harbortouch customer.

Based on the content of the complaint there may be some confusion as to the merchant’s contractual relationship with Harbortouch. Please allow me the opportunity to explain. 

Merchant Transaction Processing Agreement

On September 25, 2012, *** ******** entered into a Harbortouch Merchant Transaction Processing Agreement (“Processing Agreement”) The Processing Agreement governs the terms and conditions whereby Harbortouch agreed to provide *** ********’ 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.  *** ******** received a copy of the Terms and Conditions prior to signing the Merchant Application. However, he may also access the Terms and Conditions at www.harbortouch.com/terms.

The Processing Agreement does have s a minimum three (3) year term However, at the end of the initial term the Processing Agreement automatically renews for additional two (2) year periods. 2.

Harbortouch POS System Service Agreement

On September 2012, *** ******** also entered into the Harbortouch POS System Service Agreement (“Service Agreement”). The Service Agreement governs the terms and conditions whereby Harbortouch agreed to provide Mr Williams’ business with a free POS systems based on his 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 Exhibit A and the Service Agreement’s terms and conditions. A copy of the Service Agreement is attached.

On August 5, 2014 Harbortouch received electronically signed cancellation forms for both the Processing Agreement and Service Agreement. As a result, *** ********’ Harbortouch Merchant Account was closed on October 18, 2014.

Harbortouch has requested the return of the processing and POS equipment from the merchant or further fees will apply. 

Harbortouch is more than willing to work with *** ******** in order to resolve his outstanding balance with Harbortouch. We encourage *** ******** to contact Harbortouch’s Collections Department at ************ to discuss the various payment options that may be available to him.

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]

 Complaint: ********

I am rejecting this response because:


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]

 Complaint: ********

I am rejecting this response because: i reject the response due to my issue not being about the contract, this is not being debated. i have an issue with the misrepresentation of the agreement verbally and the deception perpetrated against me through the company's sales agent. other issues addressed in my initial complaint were not my primary concern although they are of a serious nature as well. the company keeps repeating the same statement to me as they have written in their response. but, in my view that is no excuse for intentionally deceiving someone.



Regards,

**** ********








Business Response:

I am disappointed to hear of the merchant’s dissatisfaction, and would like to clarify the following:

Regarding the Independent Sales Organization (ISO), the ISO is an independent contractor and statements made by the ISO cannot be validated.  Any verbal agreement is superseded by the written signed agreement.  The contractual agreement(s) between the merchant and Harbortouch are the written Agreements signed and dated as referenced in our prior response.  

For further clarification, there are two (2) separate contracts signed by the merchant as follows:

1)         Merchant Transaction Processing Agreement:

  • This governs the processing of credit/debit cards with United Bank Card d/b/a Harbortouch Payments, LLC.

  • The Processing Agreement does have s a minimum three (3) year term and encompasses the Merchant Application and the Terms and Conditions, together with its addenda, attachments and schedules.  However, at the end of the initial term the Processing Agreement automatically renews for additional two (2) year periods.    

  • I refer the merchant to Section D6 of the Merchant Processing Agreement and to Sections 4 and 5 of the Terms and conditions. 

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2)  Harbortouch POS System Service Agreement: For service of the POS system.

  • The Service Agreement governs the terms and conditions whereby Harbortouch agreed to provide Mr Williams’ business with a free POS system based on his 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 Exhibit A and the Service Agreement’s terms and conditions.

  • I refer the merchant to the POS Service Agreement Exhibit A, Section I Base Package the last sentence states: Term of Service Agreement is sixty (60) months.  See Terms and Conditions for further details.

I encourage the merchant to contact Harbortouch Collections Department at 800.201.0461 to discuss the various payment options that may be available to him.  Harbortouch is more than willing to work with *** ******** to resolve his outstanding balance. 

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.

11/25/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I called them on April 2013 ask them when is my contract ends with them, they said September 2014, they also said i should call them 2 months advance so i called them again on July 2014 for cancellation but they denied and told me i have another year with them, i asked them to send me my written contract but they failed to that either. They are still sending me bill for early cancellation fee for $250, which i am refusing to pay. Please advise me Thanks

Desired Settlement: I want them to cancel my agreement without any fee.

Business Response:

Please be advised that Harbortouch Payments, LLC f/k/a ****** **** ****, Inc. (d/b/a Harbortouch) has full corporate authority to act on behalf of Credit **** Processing, USA (d/b/a *** ******** ********* ***.).

We are disappointed to hear of *** ******’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 *** ****** a satisfied Harbortouch customer.

*** ****** entered into a Merchant Processing Agreement on 7/7/2010 with MSI Merchant Services, 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 MSI Terms and Conditions.  *** ****** 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 VIII of the Merchant Processing Agreement.

  • Merchant’s contract initial term expired in July 2013 and automatically renewed in accordance to the Terms and Conditions Section 4.1;

  • The automatic two-year renewal term will expire July 2015.  See Section 4.2 of the Terms and Conditions;

  • Section VIII Disclosure of the Merchant Processing Agreement details the early termination fee;

  • The early termination fee is $250 or $35 multiplied by the number of months remaining in the current term.  In *** ******’s situation the early termination fee would be $35.00 x 8 months remaining of the current renewal period totaling $280.00; 

  • However, Harbortouch will reduce the early termination fee to $250.00 instead of $280.00.

Harbortouch recently received a telephone call from the merchant on October 22, 2014 of the merchant’s request to cancel his account.    

Harbortouch requires cancellation written 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.  

When Harbortouch receives the written request to cancel the merchant account Harbortouch will charge the merchant an early termination fee of $250 in accordance to the Processing Agreement inclusive of the Terms and Conditions.

11/22/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: This componany has "salesmen" with whomyoumust go through to use their service. The Salesman I dealy with was "Anthony M***". 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 *** ****’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 *** **** 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 *** **** to make him a satisfied Harbortouch customer.  We encourage *** **** to contact customer service at ************ 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]

 Complaint: ********

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***. 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,

****** ****








Business Response:

In no way is this response meant to discredit you only to provide you with a resolution to your issue.  Section A2, the 6th line down on your application Harbortouch asks "Does Merchant Conduct Business Seasonally?" If this box was checked, what you would do is send in a letter advising us to put your account on seasonal hold.  When your account is on seasonal hold you would not be billed processing charges.  The problem here could simply be a box was not checked correctly on the Merchant Processing Application.  

My suggested resolution is that we put your account on seasonal hold and refund you for the month you were not processing.   If this resolution is acceptable, please respond indicating your acceptance of the offer.  Should the answer be yes, I will have customer service reach out to you. 

Even with a seasonal account the standard contract would still be 3 years, the only difference is you would not be billed when you are out of season. 

Regarding the Independent Sales Organization (ISO), the ISO is an independent contractor and statements made by the ISO cannot be validated.  Any verbal agreement is superseded by the written signed agreement.   The contractual agreement(s) between the merchant and Harbortouch are the written Agreements signed and dated as referenced above.  

11/17/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: We use Harbor Touch for our credit card processing and POS system. We have been having issues with their service. It simply does not work occasionally. Today, (10-24-14) we couldn't process credit cards for about 45 minutes. Since we are a retail store, Friday and Saturday are our busiest days of the week, and not being able to process any type of credit card is a huge inconvenience. They acknowledged that there was an issue on their end, but the only resolution was to wait until they got it fixed. The reason for my complaint is this is not the first time it has happened. I did not file a complaint the first couple times.

Desired Settlement: I want their processing to work! We pay a lot of money each month, and hold up our end of the contract. We are coming into the busy season for us, and it is not acceptable for credit card processing to go down for any length of time at all.

Business Response:

We are sorry to hear of *** ****’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.

Therefore, I encourage *** ****’s to contact Harbortouch technical support at ************ with any issues or questions concerning his POS and processing equipment.  This is our 24/7 technical support number and will bypass the standard menu options to connect you directly with our technical support department.   I will have a technical support person reach out to *** ****’s to discuss his concerns.

Should *** ***** have any other issues or questions that need to be addressed I direct him and encourage him to contact our customer support at ************. 

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. 

11/14/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: Back on January 2,2012 we entered into a contract with Harbortouch to use their POS system for an initial term of 2 years. If we wanted to cancel before the end of 2 years there would be an early termination fee. We understood that and even though we didn't need or use their services after the first year we let our bank account be drawn every month until the end of our contract. As soon as our 2 year time was up I cancelled--they then tried to draw my account for $450. I was able to block that charge and I called and my husband also called several times to work it out. We told them to send us a shipping label and we would be happy to return their system. They then told us it was a much longer contract time--but nowhere in the contract we have does it state this. I kept having mysterious charges appear in the account we had used and after consulting with my bank ended up having to close the account to keep these mysterious charges from continuing. I hadn't heard from them in a while so I thought they had dropped it. Today I get a letter from a collection agency trying to collect the $450. Their representative told my husband repeatedly before the contract was signed that the time we were committed to was 2 years. We in good faith continued to pay even though we didn't use or need the service to fulfill the two year . Now I have found a ton of people online that have had trouble with this same company

Desired Settlement: All I want is for them to drop the $450 they are still trying to collect from me. If they want their equipment back we are happy to return it as long as they send us a shipping label

Business Response:

We are sorry to hear of *** *****’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.

Ms. Guest entered into a Merchant Processing Agreement on 1/2/12 with ****** **** ***** **** 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 from the merchant dated 2/6/2014 of her request to cancel her processing account and an early termination fee of $350.00 (10 months x $35) was applied for the remaining months on your account.  A remaining minimum processing fee of $25.00 remained unpaid.  These charges were rejected and NSF fees were applied totaling $75.00.  Harbortouch has forwarded the account to an outside collection agency. 

In order to amicably resolve this matter, and in consideration of your position, it is suggested that you pay $100 to Harbortouch ($25 minimum + $75 NSF fees), and reopen your account, then process until 12/4/2014.  On 12/4/2014 your contract would be over and you would just submit a written request to Harbortouch to close your account.

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]
to
 Complaint: ********

I am rejecting this response because: The copy of the contract that we have does NOT say in it anywhere that the term was 3 years.  Before we entered into this agreement Harbortouch's representative told us repeatedly the term was for 2 years.  In fact when we tried to resolve this ourselves with Harbortouch they couldn't seem to come up with the agreement that said so--all they would say was it was online.  It may be online now--but it was not earlier.  As I have stated earlier I want the collection against me dropped in full.  If they send a label I will be happy to return their register.


Regards,

***** *****








Business Response:

I would like to clarify the following:

  • The Terms and Conditions are Copyrighted 2011 as stated on the cover page of the document itself.

  • The 2013 date you are referring to is the date the file was saved on a computer and not the date of the actual document.

  • Therefore, the document is copyrighted the year prior to your signing the contract, the Merchant Processing Agreement on 1/2/2012.

We will offer to lower the amount owed to $250.00 as our final attempt to resolve this matter.

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]

 Complaint: ********

I am rejecting this response because:
AGAIN--WE DID NOT GET THE DOCUMENT YOU CLAIM HAS THE THREE YEAR TERM IN IT.  WE TOOK YOUR EMPLOYEES WORD TO MEAN EXACTLY WHAT HE SAID.  WE WOULD BE COMITTED TO A TWO YEAR TERM.  OF WHICH WE FULFILLED EVEN THOUGH WE NO LONGER NEEDED SERVICES.  YOU ACTUALLY GOT PAID TO DO ABSOLUTELY NOTHING FOR THE ENTIRE SECOND YEAR--ALL YOU DID WAS TAKE MONEY OUT OF OUR ACCOUNT.   WE DO NOT OWE YOU A DIME.  WE FULFILLED THE AGREEMENT.  YOUR OWN REP WAS ACTING ON BEHALF OF YOUR COMPANY AND WE TOOK HIM AT HIS WORD--WE HAD NO OTHER DOCUMENTATION REGARDING THE LENGTH OF THE AGREEMENT.  I GUESS IT WAS SHAME ON US FOR BELIEVING SOMEBODY WAS TELLING THE TRUTH AND THINKING THE COMPANY THEY WORKED FOR WOULD STAND BEHIND WHAT THEY SAID INSTEAD OF TRYING TO PULL SOME FAST ONE TO GET MORE MONEY OUT OF US. 

Regards,

***** *****








11/11/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: Merchant number **********. 2 salesmen Jason P**, Jay S**** came to my salon offered me better merchant service . The verbal conversation and agreement between me and SALESMEN at the time the contract was signed concluded that the term of the contract were MONTH TO MONTH with no cancelation fee and provide free merchant terminal When agreeing and signing the contract, the salesman would not give an immediate copy, until 4-5 month later I just get to copy from Harbortouch (I asked them to provide the agreement to me) . And the term I singed is 0.08 cent per transaction. Now I found out the different company name *** leasing LLC try to collect $110.00 monthly for the merchant terminal. I after about 3-4 days of services from them (HARBORTOUCH AND *** LEASING ) I found out I got riff off from the whole system from the salesmen to Harbortouch therefore I closed my business bank account and cancel the services, The salesman Jason P** tall me every thing will cancel after I close my business bank account. Now Harbortouch try to collect me $349.86 for all the fee.

Desired Settlement: I expect to be released from this contract immediately and waive all fees $349.86 for cancelation.

Business Response:

We are disappointed to hear of *** ***’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 *** *** a satisfied Harbortouch customer.

*** *** entered into a Merchant Processing Agreement on 5/27/14 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.

Harbortouch received written notice dated September 25, 2014 of the merchant’s request to cancel his account and charged him an ETF of $250.00 in accordance to the Merchant Processing Agreement and the Terms and Conditions.  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.   Since *** *** entered the contract on 5/27/14 and cancelled 9/25/14 there remained an additional 32 months in the agreement.  The ETF of 32 x $35 totaling $1,120 was waived and *** *** was charged an ETF of $250.

Harbortouch does not offer month to month processing service agreements.

Harbortouch closed *** ***’s merchant account in our database September 25, 2014.  The current amount owed by the merchant in collections is $349.86. The following amounts have rejected from the merchant’s business account.

$250.00 ETF 9/26/14

$25.00 rejection fee 9/26/14

$25.00 minimum service fee 9/20/14

$49.86 processing fees 9/20/14

$349.86

Any issues with the equipment lease should be addressed directly to the leasing company.

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]

 Complaint: ********

I am rejecting this response because:


Regards,

******* ***
English as my second language I got riff off from them,. I never call to sign any contact from Harbortouch . I signed all papers work from JASON P** (his phone ###-###-####) and JAY S**** they are came to my salon offering  MONTH TO MONTH contract with no cancelation fee. After signing the contract on 5/27/2014 they did not provide any copy of the contract to me to review until Harbortouch send it to me as requested on 10/15/2014 ( more than 4.5 months after signing contract ) if i have the interpreter I can explain every thing better.

Harbortouch just provide a part of a the contract not the whole thing I signed for, I called to ask Jason P** provide me 1 page of the contract to show MONTH TO MONTH. it's including with this letter , I expect Habortouch call Jason P** to verify and waive the cancelation fee as a part I singed for went with the contract. The saleman Jayson p** told me if  some reason I do not happy with it, just closing my bank account ( account provided to Habortouch) then contract will cancel automatically without pay anything . Then I closed my account and now it created some more fee in my account. I never receive any bill from Habortouch so I did not know. Habortouch just send statement to email *********************** in their file, that is not my email. this was fill out by Jason P** and all the other part of the contract. I could not read all very small printed in the contract but whatever term and promised when I singed my co worker heard and can be for the witness for it.







Business Response:

Regarding the Independent Sales Organization (ISO), the ISO is an independent contractor and statements made by the ISO cannot be validated.  Any verbal agreement is superseded by the written signed agreement.   The contractual agreement(s) between the merchant and Harbortouch are the written Agreements signed and dated as referenced in our prior response.  

The Processing Agreement consists of the Merchant Application and the Terms and Conditions, together with its addenda, attachments and schedules.  I refer the merchant to Section D6 signed by the merchant where it states “…the merchant acknowledges it has received and read the Terms and Conditions at the time of signing.”

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.

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]

 Complaint: ********

I am rejecting this response because:  I signed the contract through sales representative, the contract with Harbortouch signed through them as well., I never call  to your company to ask for merchant service. I just take whatever they come to my salon to offer for. Harbotouch should contacts me first for all the paper work and the term If Harbortouch did not offer Month to Month contract so contract from Harbortouch  is invalid to me also. Please remove all termination fee, I was the victim of  Harbortouch and the salesmen . If nobody handles the problems, I have to find whatever way to protect my interest to General Attorney office for next step of complaining.


Regards,

******* ***








11/6/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: Harbortouch provided a Point of Sale system for my business for 2 years. At one point, their system simply stopped working. As a retail establishment that relies on this system to be up and running in order to conduct business, this was an urgent situation. Harbortouch was contacted and unable to fix the issue. A couple of days went by before they finally said that they would be sending a new hard drive overnight to fix their platform. The hard drive did not arrive as promised and after 1 week of having a dead system, we were forced to find somebody else who could get us back online. The harddrive eventually arrived over 2 weeks later, but by that point it was too late and the merchant was notified that we had to go with somebody else. This company is now trying to collect on an unfinished contract when in fact it was them that broke their contract when they failed to provide a working system. They are using aggressive collection tactics, stating that we owe $1,389.05 for the unfinished contract. I have told them repeatedly that we will not be paying for a system that they failed to get to working condition. I still have all of their equipment if they ever decide to answer my emails and I will return it if needed. They are using bullying tactics when in fact they are the ones at fault. BEWARE OF THESE GUYS.

Desired Settlement: Harbortouch needs to cease all collection attempts and acknowledge that they screwed up here when they failed to follow through and fix my system. Any balance that they are attempting to collect needs to be erased so we can both move on.

Business Response:

We are sorry to hear of *** ******’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.

The merchant signed a Merchant Processing Agreement on May 15, 2013 for a 3 year term and a POS Service Agreement for a term of 5 years as per Exhibit A No. 8.  The merchant stopped processing in April of 2014 and has not returned the processing/POS equipment. The POS Service Agreement Exhibit A Section 4.6 titled “Equipment Return” explains the terms for return of the equipment upon termination of the agreement.

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 Harbortouch has charged the merchant an ETF of $770 and $499 fee for non return of the equipment.  Upon the return of the equipment Harbortouch will refund the RMA fee of $499. This still leaves $770. We'd be happy to discuss a resolution of that at the merchants convenience.

Consumer Response: With regards to the $499, you may have your equipment back as I've said from the beginning. Either send somebody to pick it up or send me a shipping box and label. I will not be paying to ship back your broken equipment. With regards to the $770, what is there to discuss? You broke our agreement the day you stopped providing working service. As detailed earlier, this went on for multiple weeks. If anything, I should be going after you for lost business and the inability to accept credit cards while I waited for a fix that you never provided. Remove the $770 that was unjustly billed, and then we can discuss the return of the equipment.

Business Response: Again Harbortouch provided you with return labels to return the equipment and has waived fees.  All other billing is valid. 

Consumer Response: There is nothing left to say here.  Harbortouch still refuses to acknowledge the fact that they left me without service and therefore invalidated their own contract.  They pursue blackmail tactics with collection agencies to try to squeeze money out of people that is not owed.  I will be going to the attorney general at this point along with multiple review sites and whatever media will pick up my story.  They picked the wrong guy to try to bully and it is clear that I must continue to waste my time and energy on fighting this corporate greed because who knows how many others have silently paid their blackmail just to get them off their backs.  It ends with me.




11/2/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: Used the POS system for a month, and need to cancel because my business closed down. they wanted to charge me more to close my account then the actual amount. POS system is about $150 per month and if i close it, harbortouch will charge me about $9,000 for canceling. that is unreasonable. so why is the a cancel, if it cost more to cancel then not cancel?

Desired Settlement: I am only willing to pay $250 base on the contract to cancel my account. I am not welling to pay unreasonable amount to cancel my account when its cheaper to not cancel, harbortouch please do not contact me if you do not agree to charge me $250 ONLY.

Business Response:

We are disappointed to hear of *** ****’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. 

On March 14 2014, *** **** entered into a Harbortouch Merchant Transaction Processing Agreement (“Processing Agreement”) and a POS System Service Agreement (“Service Agreement”). The Processing Agreement governs the terms and conditions whereby Harbortouch agreed to provide *** ****’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 Transaction Processing Agreement (“Processing Agreement”) and the POS System Service Agreement (“Service Agreement”) are attached.   *** **** received a copy of the Terms and Conditions prior to signing the Merchant Application. However, you may also access the Terms and Conditions at www.harbortouch.com/terms.

The Processing Agreement 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.

The terms of Termination are described in the Merchant Application Section D7 ($250 or $35 x number of months remaining in contract whichever is greater per the Merchant Processing Application and Terms and Conditions) inclusive of the Terms and Conditions  Section 5 titled Termination of Agreement which can be accessed at www.harbortouch.com/terms. Additionally, the POS System Service Agreement termination fee is (2 POS systems at $69 p/mo. x the number of months remaining in the contract). The details are of early termination is explained in Section 9 of Exhibit A. 

The merchant processed for two months in May and June of 2014 before processing activity ceased on his account.  

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. 

10/28/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: In June, HarborTouch called our business, **** ******* ******. Buford L******* (goes by Anton) promised my daughter ********, lower rates than we had been receiving through our current processor. He faxed us a breakdown of the lower rates he promised and my wife, ****** ******, signed the contract with them. We received the new machines, after calling them and setting them up, we started using them. When our first statement rolled in, it only had 2 days on it. When we received the first full month statement we were in shock. The statement was for $701.77, that is 3 times the amount we were paying our old processor! After rigorous investigation into the matter, they had overbilled us by 2.86% more than our contract stated. We called Anton, who promised to fix the problem. He stated it was his error and Harbortouch would fix it immediately and have the $375.88 they owed back to us credited on the next months statement. He said he had taken care of the issue 100% and if we did not see the credit on the next statement, call him. He promised to pay us $100 out of his pocket each month until it was paid back, if Harbortouch would not give it back to us. Anton lied. Anton did nothing about it. The next, and final statement we've received from them, was in the amount of $693.34. They were still overcharging us! Anton suddenly is "not reachable" and no one knows who his boss is. Calling this company and asking for anyone's boss is near impossible. They give you the run around, transfer you to numerous different departments and never give you a straight answer. We quickly switched back to our previous processor when we realized HarborTouch did nothing but lie to us! We called to cancel our contract with them numerous times, they promised to fax and email the cancellation forms they had to have within 48hrs. We never received the paperwork. My daughter and I called them 4 times before they finally emailed the paperwork to cancel. When asking about the money they owe us from overbilling, they stated they will not pay because it was Anton's fault and error. Anton did nothing but lie to us, set us up on the wrong rate tier and overcharge us. They now owe us around $1100 from what they've overbilled us! We are a small family owned country store. We have been here for 21 years and this is the first time I've ever dealt with complete ball faced liars! We can not afford to waste thousands on people that sign contracts and do not hold up their end of the deal!

Desired Settlement: We need what was overbilled back to us! They owe us over $1000. We also need out of this completely useless contract they did not uphold! Including our Leasing contract with the credit card machine company, Northern Leasing Systems Inc. They will not let us out of the contract, even though we were set up under false pretenses!

Business Response:

We are sorry to hear of *** ******’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.

**** ****** signed a Merchant Processing Service Agreement on 6/25/14 (copy attached).  The rates applied on the merchant’s account are per section B2 of 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, 2014 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 account. On July 1, 2014 he reduced the rates on the account.  On August 6, 2014 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 ($50.00 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 D7 inclusive of the Terms and Conditions.    Sections 4 and 5 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 3 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 merchant. We 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, 2014.  The account has been closed in our database on October 11, 2014.

10/23/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: The product was totally misrepresented by the sales person before we purchased it with promises that the system just doesn't perform. I was told it was the best in preventing fraud by having fingerprint identification for staff, it did not come with that. I was told the hand held terminals were less expensive so I ordered 3 main terminals and 1 handheld to give it a try. There was no handheld sent as these are still 6 months away in production after we signed. I was told the system would integrate with my quickbooks and transmit the data so it did not have to be input manually. It does not. I was told it could be used to update and maintain inventory of product. it does not. I was told that they had their own gift card system, I got the first fifty cards free to try and would have to purchase any additional cards and the price for the service was included in the monthly fee. After getting the cards, I found this wasn't the case, they not only charge for each card used or activated, there is also a monthly fee. They told me the monthly fee of $270 included everything, and that is what was debited from my account the first month. The last two months it jumped to $296/mo. I was told it was $59 per quarter fee for the system but they debited $191.75 for the first quarter. I was told they would have someone here to train the staff and myself on the POS system once installed. That did not happen. On two occasions they had someone call me who could not answer questions on simple reports. I had asked about the reports it would run before I purchased the system and was told it would do them all, it does not. It has been very frustrating and the company just debits the account whenever they want to without any sort of invoice or warning that the checking account will be debited. It is just not good business to misrepresent a product and then keep adding fees for stuff that was included in the price when sold by the salesperson. The system freezes up multiple times a day and no tech answers.

Desired Settlement: I would like the system to either do the reports and services that it was purported to do or get a discount for the lack of service that it represents until I can find a system to replace this one or harbortouch can actually address the issues and come up with programming that will give me the reports and information that I requested and was told it did in the first place. I want to see better service from the techs when there is a problem and someone to actually address the freezing up issu.e

Business Response:

We are disappointed to hear of *** *****’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 *** ***** a satisfied Harbortouch customer.

On February 4, 2014, *** ***** entered into a Harbortouch Merchant Transaction Processing Agreement (“Processing Agreement”) and a POS System Service Agreement (“Service Agreement”). The Processing Agreement governs the terms and conditions whereby Harbortouch agreed to provide *** *****’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 Transaction Processing Agreement (“Processing Agreement”) and the POS System Service Agreement (“Service Agreement”) are attached.   *** ***** received a copy of the Terms and Conditions prior to signing the Merchant Application. However, you may also access the Terms and Conditions at www.harbortouch.com/terms. 

Harbortouch offers 24/7 days a week technical support. We will offer assistance with *** *****’s issues and he is encouraged to contact Technical Support at possupport@harbortouch.com or telephone ************. 

Based on our records in *** *****’s merchant account, the system operation is in accordance with its specifications. As a courtesy, we refunded the merchant the $79.00 Annual Fee. As an additional courtesy, we will refund the Quarterly Service Fee (QSF) of $177.00 ($59 x 3 POS units).

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]

 Complaint: ********

I am rejecting this response because: there has been no credit issued as stated as of 10/10/14.  The company totally misrepresented their product and what it can do. If they cannot produce the system they sold to me then they should either let me out of the contract or keep it at a much more reduced price based on the little that it can do.   I have one POS system in my one restaurant, not 3.


Regards,

**** *****








Business Response:

The merchant will be seeing a credit in his bank account in the next 3 business days and he will be contacted by Harbortouch's Merchant Account System Administrator tomorrow (10/22/14).


Shawn B

Merchant Account System Administrator

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.]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.  I spoke with Shawn and he is working on solutions to the problems.

Regards,

**** *****

10/21/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: On March 30, 2010, a person by the name of Daniel N***** came into my nail shop representing *** 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*****.  That contract was from *** ******* ***.  Their address is ****** ******* **** ***** Il *****.  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 **** ** ****** ******* ********** PA *****.  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 *** **’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 *** ** 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 *** **’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.]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. 

Regards,

***** **

10/17/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: I have used *** merchant services inc for my credit card transactions starting august 2010 and made 3 year contract end of 3 year contract I was a month to month customer of MSi, in April 2014 Harbortouch has bought *** and raised all my merchant fees. I have called and on canceled on 09-24-2014 with harbortouch. Harbortouch saying that I have a contract with them which I don't and I asked for where is the contract send me so I can see, No contract has been sent but they have taken 250$ from my bank account directly. How can they take money illegally??

Desired Settlement: I work very hard to earn money, I want my 250$ to refunded. Thank you

Business Response:

Please be advised that Harbortouch Payments, LLC f/k/a United Bank Card, Inc. (d/b/a Harbortouch) has full corporate authority to act on behalf of Credit Card Processing, USA (d/b/a *** Merchant Services, Inc.).

On or around March 31, 2014, United Bank Card, Inc. (d/b/a Harbortouch) entered into a Stock Purchase Agreement with Credit Card Processing, USA (d/b/a *** Merchant Services, Inc.) and its shareholders. As a result of the agreement, *** merged into *** Merchant Services Holdings LLC, a New Jersey limited liability company, Harbortouch merged into Harbortouch Payments, LLC, a newly formed Delaware limited liability company and Harbortouch Payments, LLC then acquired all the outstanding membership interests, obligations and responsibilities of *** Merchant Services Holdings, LLC.

We are disappointed to hear of *** ******’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 *** ****** a satisfied Harbortouch customer.

*** ****** entered into a Merchant Processing Agreement on 8/16/10 with *** Merchant Services, 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 VIII of the Merchant Processing Agreement.

Harbortouch recently received written notice dated September 24, 2014 of the merchant’s request to cancel his account.    Harbortouch closed Ms. Kuruca’s merchant account on September 25, 2014 and charged him an ETF $250.00 in accordance to the Merchant Processing Agreement and the Terms and Conditions.    



10/16/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: 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***** 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 *** *********’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 *** *********’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. 


Harbortouch

Legal 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]

 Complaint: ********

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 ***** **** 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 ****** **** **** now DBA Harbortoucn back in 9/2005. When I requested a signed copy from Maryanne M***** 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 $564.25
5/02/2014 $35.50
6/02/2014 $35.50
7/02/2014 $36.50
5/02/2014 $2.25
6/03/2014 $2.25
7/02/2014 $2.25
8/18/2014 $450.00

3. 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 ******,

Yes, we did receive the equipment from *** *********.  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**********, Paralegal for

Jordan F******, esq.

General Counsel and Senior Vice President 

and for Terrence *. s*******, Esq

Assistant general counsel

Legal, Compliance, and Human Resources Group

Harbortouch

2202 North Irving Street | Allentown, PA 18109

Phone: ###-###-####| eFax: ###-###-####|****************************

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.]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, 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 ******************************** once it has been refunded.

Regards,

******* *********

10/13/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: I have been attempting to cancel our credit card services with this company since 06/26/2014 and since then I have had numerous issues with them. They require a signed cancellation form to be returned to their offices to complete a cancellation request. Our offices (****** ********* ********) sent the signed form over on 07/01/2014. On 08/27/2014 they sent over a letter to our office stating that there was a past due balance on the account for $55.40. I contacted them and requested the amount be waived and was told I would receive an email within 48 hours of the $55.40 being written off. I never received this email. We have another company (***** ********* **********) that still uses this credit card processing system and they contacted our offices on 09/12/2014 saying that there was a $100.00 hold on their processing until this balance of $55.40 was paid. I re-contacted Harbortouch questioning why this balance hadn't been taken care of and spoke with the supervisor Ruby, rep ID *****, and she told me she had to get back to me and then she did and said she submitted a request to get the funds waived. So I assumed that it had all been taken care of. Then, on 09/19/2014 my ***** ******** ********* rep contacted me stating that she now has a $200.00 hold on their processing system because there is $150.00 due for the ****** account. I then re-contacted Harbortouch on 09/19/2014 and was told they would look into it and give me a call back and to date hadn't received one. I contacted again today, 09/22/2014 and requested to speak with Ruby since every time I call their offices I get a different story and no one seems to see the same notes or some notes weren't posted etc., I'm not sure. i do not understand where the $150.00due is coming from as I only received notice for balance due of $55.40 not ever for the $150.00. Today when I spoke with their offices, I was told that Ruby was too busy on another call to take mine. and everytime I have called, I have sat on hold for a min 15 min (Today) and max 2 hours. this is horrible customer service.

Desired Settlement: We want the $200.00 hold taken off of ***** ******** ********* account, they need to be able to do business as usual. We also want the amount that is currently due (the $150.00 or $55.40) from ****** ********* ******** to be waived in its entirety to close the account. I have been trying to get this settled and cancelled for months and have wasted too much time on this.

Business Response:

We are sorry to hear of *** *****’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.

Upon our review of the account the disputed amounts have been settled and no funds are on hold nor are any amounts outstanding with the merchant account.  The merchant account has been closed in our database. 

10/7/2014 Advertising/Sales Issues | Read Complaint Details
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Additional Notes

Complaint: On or about May 26 Herman L**** called my business to set-up an appointment to get a credit card machine. I told him we wouldnt be approved we had file chapter 13. He said no problem. So he can on May 30th talked to me and my husband. We wrote him a check for 444.95 It was for a ******** *****. We wrote the check to him and he cash the check before he lefted town. He told us that we would get are machine in a week. So a week came no machine. I started calling and found out that I wouldn't be approved because of the chapter 13. So I tried to talk to Mr. L**** he wouldn't return my calls and I tried many times in the last month . I screamed it was fraud so he sent me the Machine around June 13th. Which will do me no good because I can't get approved. I then tried to get a hold of customer Service. I have talk to Dustin , Ive talked to Priscilla, Ruby or Rudy many times. They said they would have Mr L**** call me and then his boss to call me .This has went on for weeks I have 2 claims one is ***** and ***** .Yesterday I call them back again they told me there was nothing they could do for me I would have to talk to Mr. L****. Which isn't a problem but he won't call me. Mr L**** is lying to people to sell the machines.This looks very bad on you guys I hope you can resolve this problem and make him give me my money back. Thank You so much for your help.

Desired Settlement: All I would like is to send back the machine that I can't use and get a full refund of $444.95. Hopefully you guys can get a hold of Mr. L**** or his boss and get me a full refund.

Business Response: The transaction in question is not through Harbortouch but between the independent salesman Mr L**** and the customer a hand. Mr L**** would need to be the direction of this complaint. However Harbortouch wants to assist in all means and we will internally communicate with Mr. L**** as well to help correct this issue. However again, the issue at hand is misdirected and should be directed at Mr L**** who is part of an Independent Sales Organization. 

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]

 Complaint: ********

I am rejecting this response because:

I understand what they are saying .But I haven't heard anything from Harbourtouch where they are trying to help me.  I would love to talk to Mr. L**** but when I call him at 214 783 9254 you have to leave a message which I have left many  but I don't get a call back.  Since the machine that I bought was shipped from Harbortouch  **** ***** ****** ********* ********* Pa  *****....Phone # *** *** ****..You would think that if I sent it back to them and get a refund  they could deal with Mr. L****....Again Mr. L**** sold me a machine that I can't use this is Fraud...You are the parent company I would think that you would do a better job hiring honest and trust worthy employees....I am a *** and **** dealer if I treated my customer wrong...**** and *** would make sure that I got the problem taken care of..Again I would love to direct my complaint to Mr. L****  Iam in Illinois and he is out of St peters Mo. a good Hour and half drive . So you people at Harbortouch tell me how to get my money and I will be happy to leave you alone...Thank you and have a great day.....******** ******

Regards,

******** ******








Business Response: Harbortouch has notified the representative and advised of the complaint and requested action on there part to help settle the issue. At this point the complaint lies between the ISO and the Merchant. Harbortouch will continue to monitor the situation however the discussions are occurring between the rep and merchant. 

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]

 Complaint: ********

I am rejecting this response because:

I am still in contact with Mr. L****.  I just mailed off the machine COD for 410.00. So when I get my money back I will answer you guys back and let you know we can close this out.
Regards,

********  ******          

10/4/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: We applied for the harbor touch POS system. We were approved, but when their technical team went to build the system for our store, they were unable to provide the product or service as promised for our business. The POS system was never sent to us and we have never used their system or merchant service. They are stating they will continue to charge our account for merchant services fees. We are not nor have ever used their merchant or the system as we never received it. We want all charges stopped and cancelled. They also want to charge a cancellation fee for a system they couldn't provide.

Desired Settlement: We want the agreement cancelled and no charges to continue. We will not pay for a cancellation fee, as the system was never provided to us.

Business Response:

We are sorry to hear of *** *******’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. Therefore, I encourage *** ******* to contact Harbortouch directly if anything can be done to retain her business.

*** ******* verbally requested termination of her Harbortouch Merchant Account on August 27, 2014. In accordance with the Harbortouch Merchant Transaction Processing Agreement and POS System Service Agreement, Harbortouch requires all cancellation requests to be submitted in writing. Although, Harbortouch sent *** ******* cancellation forms, *** ******* did not return signed copies of these forms to Harbortouch. Therefore, *** *******’s Harbortouch Merchant Account remains open.

Nevertheless, in an effort to resolve this matter amicably, Harbortouch will accept *** *******’s complaint as a sufficient writing indicating her desire to terminate her Harbortouch Merchant Account. Therefore, Harbortouch will close *** *******’s account, without penalty. *** ******* owes Harbortouch no further financial obligation.

Harbortouch

Legal Department

9/27/2014 Billing/Collection Issues | Read Complaint Details
X

Additional Notes

Complaint: I have a small business and I use Harbortouch to process my credit card transaction. However there were various fraudulent activities with customers using credit cards. As for my business we are required to check all IDs in when selling our products. With these fraudulent activities, the **** company which issues **** gift cards has taken/ or garnished my business bank account for the total amount of the fraudulent activities. My concern with Harbortouch, is that they are also holding the same amount of funds that the **** company had garnished, if the **** company has taken there et amount of funds which covered the fraudulent activities, there is know reason for the Harbortouch to continue holding the same amount. With this situation taking place, I am not able to run my business affectively. My sole complaint with Harbortouch, is that they should release/ or refund all of my credit cards purchases that is entitled to me, being that the **** company has garnished the full amount of fraudulent activities.

Desired Settlement: I would like Harbortouch to refund all of my funds to my bank account.

Business Response:

We are sorry to hear of Mr. Gibson’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.

 

Upon receipt of the merchant’s BBB complaint the account was investigated and it has been determined that the disputed funds were the result of chargebacks on the merchant’s account.  The chargebacks are being released in increments.   As of today, 9/15/14 there are remaining several open cases totaling $277.82 ($9.98; $257.84; $10.04) and will be under review by the end of the week.    

 

In accordance with the Merchant Processing Agreement inclusive of the Terms and Conditions, together with its addenda, attachments and schedules, the details regarding chargebacks can be found in Sections 13 and 14 titled “Chargebacks” and can be accessed at www.harbortouch.com/terms.  Section 3.9 as amended in Section 11 give us the right to withhold funds for any reason. Here there appeared to be a fraudulent transaction. The funds are placed in a non-interest bearing account at our bank and we do not intend to hold the money any longer than is necessary to protect our interest. As such, we cannot release the funds at this time but we will reevaluate in another 30-60 days.

 

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.

 

Harbortouch

Legal Department

9/17/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: I have contacted harbortouch on numerous occasions. I was told by their employees that we were not allowed out of a contract we signed with *** for credit card processing. We signed a contract with *** not Harbortouch. Harbortouch informed me that they purchased ***. So we have to keep them as our credit card processor til the end of the contract we had with ***. I do not agree with this at all. I never signed a contract with Harbortouch. I also have called the sales representative Jerry, numerous times to get a refund for $144.00 dollars they removed from my business checking account just because I quit processing my credit card charges through them. I have let the machine set but do not use it. I continue to pay a $45.00 dollar a month charge just for having an account through ***. I feel it is wrong for them to be stealing money from me basically. I believe they should release my business from their supposed contract, that they bought from ***. If I see anymore fraudulant charges on my business account I will be pressing charges.

Desired Settlement: I want the $144.00 credited back into my business checking account as well as the contract terminated.

Business Response:

*** is operating as a subsidiary of Harbortouch, therefore all contracts signed with *** are still active and the Terms and Conditions of that contract are in effect.

Further details (charge date, description, etc.) are necessary regarding the $144.00 charge the merchant is disputing. 

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]

 Complaint: ********

I am rejecting this response because:
I talked to Jerry who is the man from *** who set up our account . He told me numerous times the money would be refunded. He said we were charged for not using them for credit card processing for the past couple moths. The 45.00 dollar fee which is the monthly charge was taken out as well as the 144.00 in July. I called Jerry numerous times. He told me the money would be refunded and it never was. As well I was never notified of Harbor touch buying out ***. I wasn't made aware til after it appeared on my bank statements. I never signed a contract with Harbor Touch and I fully disagree with how they have handled our account. As well with the fact that as a *** customer I should have been notified of the change. Plus we feel that since we did not sign a contract with Harbor touch we should not be held to our contract. We are just glad that the contract ends in January. If I see anymore charges after that date we will be involving our attorney. I have also recommended to all of our other business associates, which we have many. To never sign with Harbor touch  to us they are liars and thieves.

Regards,

**** ******








Business Response:

Harbortouch has made an attempt to resolve this matter. We submitted our final offer to settle.

Legal Department

Harbortouch

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]

 Complaint: ********

I am rejecting this response because: The money offered did not cover the amount taken from our business checking. Plus no one has contacted us by phone to dispute or offer to handle this in a professional manor. I had Jerry who handles our account tell me all 141.00 would be returned and it never was. This company is full of liars and scammers.


Regards,

**** ******








9/16/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: 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*****. 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 *** *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*****, 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 ** ***** *** file a formal complaint against Harbortouch for unethical business and request a refund

Desired Settlement: That this type of business transaction does not happen again to my business or others.

Business Response:

We are sorry to hear of *** *****' 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.  *** ****s should see the refund in her merchant account in two business days.



9/16/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: When I first spoke to Kim L*** in August of 2012 I was told the contract was for 2 years. I was also told that all annual fees would be waived. my checking account gets hit for a $90 fee in January (compliance fee) and a $79 fee every august (equipment updates); this is in addition to the monthly fee that is debited from my account. I started calling back in June of 2014 to request a copy of the contract harbortouch has since the copy I have doesn't have any length of term for the contract; and when I called in they told me it was a 3 year contract. since then, they have told me 3 times they were emailing it & I never received it. also they told me over 5 times that they were mailing it via usps.... no contract in the mail. so I called and asked to speak to the legal dept and they wont take calls over the phone. I was directed to write them a letter and they would call me. I mailed the letter over 2 weeks ago with no phone call from the legal department. My account rep, Cathy S*******, use to email me asking if I need anything and letting me know she'd refund fees, reduce pricing etc. and now she wont even return my emails. This is a bait and switch scam that needs attention. some months I pay over 20% of my debit card sales to harbortouch. In addition, they wont let you know in advance how much they're going to take from the checking account, they just take it. Then I have to email Cathy S******* and have the fee refunded and it usually takes over 2 weeks before I get reimbursed.

Desired Settlement: I want a refund of the $79 fee that was debited from my checking account recently.I also want written verification that my contract is no longer in effect and something stating they will not debit my checking account any longer. I will gladly ship the equipment back to harbortouch once I receive the letter stating the contract is lapsed and there will be no more debits on my checking account. I was willing to work with them before but now they have let the problem go and I just want out.

Business Response:

RE:  Merchant Account ID (MID) ********** ***** ****** ***

Contract entered on 8/6/12 for 3 year term.

The merchant account was refunded $79.00 on 8/19/14.  Harbortouch will terminate the account without any further debits to merchant’s checking account and will waive any and all termination fees only after Harbortouch is in receipt of the processing equipment.  The processing equipment is to be shipped to Harbortouch **** ***** ****** ******* *********, PA ***** at merchant’s expense and with tracking information.

The Termination fees are described in the Merchant Application Section D7 ($250 or $35 x number of months remaining in contract whichever is greater per the Merchant Processing Application and Terms and Conditions) inclusive of the Terms and Conditions which can be accessed at www.harbortouch.com/terms.


Harbortouch

Legal Department

9/8/2014 Billing/Collection Issues | Read Complaint Details
X

Additional Notes

Complaint: In September 2013 we agreed to accept a credit card processing company through a salesman that called and came to our home. We were told this service would cost us $8.00 per month. When they sent the first statement, it said they debited our business account for $33.00. In the following months, they debited different amounts, from $42.95 to $141.95, which I disputed each month. We never received any bills until the amounts were already held out of our bank account. We tried to cancel the service which we never used, but we were told it would cost $250.00. I spoke to many different people during this time and was told conflicting things each time. Finally, on February 20, 2014, I was told I could discontinue the unused services if I wrote a letter of cancellation and e-mailed it to Customer Service, which I did. In February and March they still debited $25.00 from our bank, even though our account with them was closed. They also changed names in March 2014 from ***, (******** ******** ************) to Harbortouch. I have been waiting on a refund of $50.00 which they said they owed us since April. I have checked repeatedly on this (which I have documented on paper each time I contact them). Each time I talk to a representative, they tell me they owe us $50.00, and it should be credited to our bank account in 3-5 business days. That has never happened. Just last Friday, on August 8, 2014, I got a statement in the mail that they held out another $25.00. I thought this mess was done, but I suppose it is starting all over again!

Desired Settlement: We would like our money credited back to our account. We would desire that this company would remove our name from all of their accounts and never bill or contact us for anything again. We have no desire to have our business or personal name on any account associated with ***, Harbortouch, or any future name they come up with. Please get this warning out there so they will not be able to lie, cheat and steal from small, hard-working, honest businesses like ours.

Business Response:


The credit has been issued so the merchant will see their funds within 72 hours. The account has been closed and there will be no further billing in the future.


9/3/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: I filed a direct dispute under FACTA rules and regulations with Harbortouch. Harbortouch is asking for more information than Im willing to provide. Upon checking my credit report, I saw an unknown charge off account that Harbortouch has placed on my report. Under FACTA, I am allowed to ask for certain documents to prove this account. Harbortouch has refused to send me the documents Ive asked for in my dispute letter and are asking for more identification to match my signature which is irrelevant since i already included a copy of my DL which had my address, signature and photo along with my dispute letter as proof of my identity.proof of

Desired Settlement: Harbortouch needs to send the information I asked for, or remove the account from my credit report.

Business Response: Harbortouch cannot locate any merchant account with the contact information provided. Harbortouch requests that the business name and Harbortouch MID be provided to help better serve 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]

 Complaint: ********

I am rejecting this response because:
Please view the attachments that include my dispute letter and the response letter from Harbortouch (which includes my name and address). Harbortouch claims they have a different address for me on file that I am not aware of. I have lived at my current residence for 10 years. Since Harbortouch is furnishing the charge off on my credit report under my social security number, I demand to see the proof so that I can file it with authorities. I also included a copy of my DL which nears my signature. Harbortouch cannot require 3 IDs to match the signature on file as a response to my dispute. I believe the copy of my state DL has more than enough information for Harbortouch to match whatever they have in their database.


** **








Business Response: The merchant is being offered the chance to settle this complaint and his complaint with our company by providing the 3 forms of identification. This is a requirement and policy to ensure that sensitive information pertaining to a merchant account as well as the individual owning such accounts is protected and not subject to fraudulent activity. Please provide the requested information as laid out on the response form the merchant has provided with his complaint to the outlined group necessary to advance. Once that information is provided Harbortouch will as stated in the letter help to the best of our ability. 

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]

 Complaint: ********

I am rejecting this response because:

As stated in my previous complaint, I do not have any other forms of ID's other than my driver's license which includes my address and signature. How many ID's can one have? Harbortouch is required by law under FACTA rules and regulations to send the information requested by a consumer if regarding identity theft. I do not believe I need to prove my identity any further as this request pertains to information on an account listed on MY credit file that I do not recognize.



Regards,

** **








8/19/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: 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 **********

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 ************ ******** ***** 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. 

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]

 Complaint: ********

I am rejecting this response because:

In my credit report this account shows it was wrote off for $100. Unless they have it wrong, when I called they showed the records and I paid the $100 fee. Unless that was a scam to.  If you show another account number with these records let me know, I'm just going off my credit report and documents I have.  Our phone number was ###-###-####. 


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]

 Complaint: ********

I am rejecting this response because:

When I called and made the payment on 12/26 I was told the account was paid in full.  There is nothing noted in the cancellation contract about a time limit on return the terminal.  Since I paid the account in full I have not received a single notice stating there was an  amount owing on the account.  I paid the $100 as soon as I found out about it.  Why would I let it hit my credit before paying a $100 charge? This complaint will not be resolved unless you remove the charge from my account. The amount has been paid, there should be no reason to leave it on there other than your lack of customer service.

Regards,

**** *********








Business Response: The DEROG has been marked paid as of 5/15. In Harbortouch previous reply the payment was not made until 5/15/14. At that point the DEROG was mark paid. The error is not that of Harbortouch and plenty of notice was sent to customer to avoid the collection status, again outlined in previous rebuttal. This is standard practice from all companies, not just that of Harbortouch, and is not a sign of bad customer service.

8/12/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: This company 1st of all has very shady business practices they have you sign a contract without you seeing the full contract and when you ask them about contract they say don't worry you can cancel at any time as long as you return the machine. When i soldmy company in February to a business partner and asked them for a cancelation form they said I signed a 3 year contract. When i explained to them that they said I wasn't signing a contract they said I can transfer contract because I also stated that I sold company. They told me what I needed to do and after I completed and sent in all of these forms they still say 5 months later that I am still under contract and have my info and social security security number under this account. I have called them on more than 4 separate occasions and they still haven't cancelled the account they tell me to call other people.

Desired Settlement: Them contact me by email at ********************* that they destroyed my personal information and cancelled the contact

Business Response: A customer service representative will initiate contact in the form of email as requested in settlement. 

8/11/2014 Billing/Collection Issues | Read Complaint Details
X

Additional Notes

Complaint: On May 30, 2014 we batched/settled two credit card terminals. One in the amount of $75.10 The other in the amount of $335.05. My on line batch detail shows both batches. Except the $75.10 has a batch date of 5/30/14 and the $335.05 has a batch date of 5/31/14. Friday and Saturday. ******** ******* post to my checking account separate from the other credit cards. My May statement from Harbor Touch shows the batch date of May 30, 2014. Transactions do not post same day so I was not concerned about the missing deposit. My bank statement balanced to the penny. All credits and debits matched. My June statement from Harbor Touch shows the first batch date as June 1, 2014. It also shows my net amount with a negative amount. When I went to reconcile my bank statement I found that the $75.10 was never credited to my checking account. The $335.05 had $13.00 that was ******** ******* posted but the remaining $322.05 was not. The total my bank statement does not show as ever being deposited is $397.15. I have sent several emails. The last answer I received was this was their month end and that is how they had to process the fees. This is not acceptable. I can not balance my quickbooks/bank statements. A sales rep. told me they took the 397.15 as fees and because of the way they post it will not show on my bank statement as a credit or debit. Basic bookkeeping says you must show the money going in and coming back out. I have documentation showing all my charge cards, I have all emails, statements and batch information. As far as Harbor Touch is concerned they have satisfied their end of the complaint I sent through customer service. I sent an email explaining I was not satisfied. This is the response I was sent. Good Morning, Thank you. I understand your frustration and this only happened for the May processing fees because the last working day of the month was on a Saturday. Unfortunately, we would not be able to change how the fees were deducted from the last batch in May, but this will not occur again. I have no record of my batch ever being deposited. My bank statement shows the fees being taken from my checking account and they match the statement from Harbor Touch. I'm being told by the sales person who set up our account they took the batch deposit as part of the fees owed and because it was month end on a weekend they didn't post the credit and debit for that one day. No one has called or tried to contact me except for emails saying they can't change how the fees were deducted. I have paid sales tax on this income and have no record showing the funds ever being deposited nor do I have a record showing fees that my accountant would need to see at year end.

Desired Settlement: I want to see the deposit of $397.15 posted to my checking account. If Fees are owed totaling $397.15 they can debit my account as they do every month. How can they state this will never happen again? At some point in time their month end will fall on a Saturday again.

Business Response: Harbortouch understands complaint submitted by the customer, however there is nothing that can be done to make the adjustment they are requiring. This is the way our backend sponsoring bank handles month end. The statement of never happening again is not correct and will occur anytime month end falls on a Saturday. The next time this will happen is in January it appears. However the merchant can always contact our customer service team to get a comprehensive breakdown as was done with the issue that caused this complaint. The merchant may also view information provided on our online portal provided to all merchants. If the customer has further questions, they are free to contact Customer Service at Harbortouch and will gladly work to solve all issues to the best of our ability. 

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]

 Complaint: ********

I am rejecting this response because:

First I have a copy of the statement made by "customer service" stating this will never happen again. Second, I have contacted customer service and the responce is "there is nothing they can do".

My bank account does not balance. I have NO record of the money being deposited that I took in for sales  paid by  customer(s) with credit cards. We are an LLC. How 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 assistance. It'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,

***** ******








Business Response: The issue had hand is not the result of Harbortouch, but again the back end sponsoring bank. The answer there is nothing we can do is unfortunately the answer and there is nothing Harbortouch can do to correct this. The information the merchant is requesting is available on line and Customer Service can provide a comprehensive breakdown of the net deposit. Harbortouch will have a Supervisor reach out to this merchant to provide that information. This information is very easily obtained and provided. The question at hand is whether this can be prevented and the answer is no. When month end falls on a Saturday the next deposit will be netted. 

8/11/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: 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]

 Complaint: ********

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]

 Complaint: ********

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:

  1. 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.
  2. Harbortouch provided the merchant with our standard training services. Harbortouch made reasonable attempts to respond to the merchant’s additional training requests.
  3. 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. 

7/29/2014 Advertising/Sales Issues | Read Complaint Details
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Additional Notes

Complaint: I was contacted by Harbortouch POS at the beginning of May and was told I could receive a free POS system and FREE credit card terminal. My person of contact's name is **** *********. I asked about the fees stated on contracted, she said the only fees I will be charged are the processing fees listed which is 1.65% per credit/debit transaction. So, I decided to do some research on the company, they have great reviews and then I see one stating about an annual fee, a quarterly fee, and 5 year contract term. So I emailed **** and told her that I don't want to go through with the POS system and I told her that the card terminal had arrived but I have no idea as to how to set it up. She told me that she will put a rush on my POS system but I told her that we have decided to use someone else. Then i asked her about the fees that were not discussed in the beginning and she said there is a quarterly fee but no annual fee. There is also a fee of $69 a month. She said she could let them know to continue with building the POS if I wanted to. I never responded because I wasn't interested at all. A few weeks later, I get and email stating our POS is complete and ready for deployment. I then emailed her and told her we never agreed to go ahead with the process. She gave me a number and said she cannot cancel on her behalf and to call the number so they could discuss cancellation and fees. I call the number and I ask questions about the fees and they said the annual fee can be revisited and I asked about he monthly minimum fee of the merchant terminal,, I wanted to know is the $50/month minimum was in transactions or fees from the 1.65% transaction fee. He told me that my transaction fees have to equal to $50 or they will charge me so I said no then we will cancel everything. He told me that there is a $35 cancellation fee per month for three years. I told him there were no cancellation fees written in my contract and he stated it was on their website and when i signed my contract I agreed to their terms and conditions that are on the website. I personally think that Harbortouch POS would be an ok if they didn't prey after small businesses. I haven't been open for two months yet and my sales volumes are no where near where they would have to be to avoid extra fees.

Desired Settlement: My desired outcome would be for them to stop contacting me and for them to stop deceiving people into these contracts that have unwritten terms and conditions and cancellation fees. I want them to cancel our POS services as we haven't received a system and cancel our merchant services with no fees. I would also like this in writing.

Business Response: 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 to. The 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 department. Harbortouch thus advises merchant to contact Harbortouch CS in which notes will be provided to send appropriate forms. The terminal that the merchant received must be returned to Harbortouch as well at merchant expense. 

7/29/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: The POS system that our company received from Harbortouch was not set up properly, never worked properly, and customer service did not respond effectively, or in a timely manner. My business no longer wants to use the POS system because we could never get it to work, and they failed to help us fix it. However, the three people I have spoken to so far about the matter have informed me that they are not authorized to waive a $4000+ early termination fee, and no one has been able to tell me who I could even speak with that might have the authority to waive this fee.

Desired Settlement: Harbortouch should agree to waive the early termination fee.

Business Response: The system was installed at this customers location on 5/27/14. There were some minor issues reported such as mouse not working however we were not given time to correct as the location was busy. On 6/2 the merchant refused any help and just wanted to cancel the contract and that state has existed since. The merchant has not allowed us ample time to rectify any and all issues. This is not a breach of contract on Harbortouch as we have attempted to correct however were not given the proper access or chance to resolve. Harbortouch is and has been asking for the ability to help this merchant however that has been refused and the termination is just being requested. Again Harbortouch is not in breach thus the waiving on the cancellation is not an option. The option still stands as it has for Harbortouch to work on the system and correct the minor issues that have been reported, however we need the cooperation of the customer in order to proceed. 

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]

 Complaint: ********

I am rejecting this response because: I completely disagree with statement that Harbortouch is not in breech of contract.  If you cannot or will not make your product work within a reasonable amount of time, you are in breech of contract.  

They state that the  problems with the system were "minor".  This is untrue.  THe system had a whole bevy of problems that were not resolved when the installer left.  Unfortunately, when I asked the installer to help with the problems, I was told (with a laugh on his part), that he had "never installed this kind of system before, and could not answer my questions".  Following is a list of problems that already existed with the Harbortouch system when the installer left the store.

1. the system's mouse did not work

2.the system's credit card swipe did not work, causing us to lose sales that morning while we couldn't process credit cards.  

3. many items in store did not register when scanned (i.e. the scanner would accept the sku but would not upload the info.

4. System would not allow us to input and save sku's that were missing

5. Often, when an item would scan, incorrect information popped up (i.e. the sku matches the scan but the price and product information was wrong) 

It was obviously programmed very, very poorly, and never quality checked before it was shipped to us.  

Despite previous promises that we'd be able to use the system the day it was installed, the system was basically unusable when the installer left.  

Harbortouch made many elaborate offers of wanting to help, and wanting to fix the system, but they never actually came through.  Each time we called, it was hold for 15-30 minutes, finally talk to someone only to be told that it was someone else we needed to talk to, and then passed on to a different customer service representative.  This happened multiple, multiple times.  At one point, the store's manager was instructed by a customer service rep to email a list of problems with the system, and told that a rep would call him to go over the problems, point by point, the next morning.  THe manager sent the email, then came in early to take this phone call before the store opened, so that he would not be disturbed by customers while he was trying to talk to the rep.  The rep never even called that day!  The rep did finally call back the following day, and the manager was unable to take the call because we had so many customers at that time.  When the manager tried to call back again later, he was on hold so long (20 min), that he had to hang up.  No one at Harbortouch seems to be able to actually solve a problem.  They make empty promises repeatedly.  

My experience with this system, and my unfortunate dealings with Harbortouch's customer service reps have caused me to completely lose faith in this system.  Their system does not work, and their customer service does not work.  Since I cannot use the system, I do not feel that I should have to pay the Early Termination fee.  I would like to return the system as soon as possible.  However, the last time I called customer service, on Monday June 23, I was told that "there is no point in sending back the system, because you signed a contract, and you will be paying for it one way or another".  I asked to talk to someone who could discuss matters further, and was told that that person did not exist.  To my mind, it was just another example of the company's poor customer service.  



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]

 Complaint: ********

I am rejecting this response because:

While I appreciate Harbortouch's effort to negotiate a lower ETF, I don't think it is fair for my business to pay an ETF for a system that never worked.  In Harbortouch's response, they included a string of emails between ***** *****s Manager, and the tech support folks at Harbortouch.  The Rep states that he tried to talk to Jared (the manager), and that Jared did not want help.  Actually, the rep failed to call Jared at the predetermined time.  Instead, the Rep called in the middle of the afternoon on a Friday (our busiest day of the week).  Of course Jared could not discuss the problems or troubleshoot the problem at that point; he was too busy with customers.  
In Harbortouch's responses, they have said several times that they would like to resolve the problem, and that they would still like to get the system up and running.  I would love for this to happen, (I did put a lot of time into collecting the needed info to program the system, to begin with), but it is not something that can be done over the phone; there were too many problems with the system.  If Harbortouch does not want to completely dismiss the ETF, I propose that they send a highly qualified technician to re-unpack the system, get it completely up and running, and make sure it is 100% working before they leave the store.  I think the failure to do this in the first place is the biggest problem with Harbortouch's product.  As I stated in a previous complaint/response, the original person who came to set up the system stated that he had never set up such a system before, and did not really understand how to do it.   
If Harbortouch can commit to sending an experienced, highly qualified tech to stay with us until the system is working 100%, we would be receptive to that.  However, we are not receptive to paying any ETF for a system that we were unable to ever use.  


Regards,

****** *********








Business Response: Harbortouch is exploring having the onsite presence the merchant is requesting. We attempted to communicate with merchant today (7/18) to schedule a time and day next week to accommodate this request. If merchant can provide the aforementioned, Harbortouch will work to accomodate. 

7/29/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: 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.  

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]

 Complaint: ********

I am rejecting this response because: The request to remove has not been given to ******** yet and my dispute is still pending with them. See attached


Regards,

***** ******








Business Response: The fax was sent to ******** on 7/16 to remove the derog. The case is with ******** and the time it takes ******** to remove the DEROG. 

7/28/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: I had a three year contract with Harbortouch which ended in November of 2013. Once the contract expired I discontinued processing with them. I called and requested cancellation paperwork and never received it. They continued to charge me $35 a month regardless of me no longer processing with them until finally in June of 2014 they sent me the paperwork to cancel. They assured me I would not be charged the "early termination fee" of $250 because I was no longer under contract and had not continued to process with them. The letter I was sent and then signed and returned also showed there would be no cancellation fee. As soon as I faxed it back, the next day they debited my business checking account the $250 regardless. I called them immediately and they acknowledged the mistake and told me they could do nothing about it and I had to talk to my bank to reverse the payment. I had my bank stop the payment and incurred a $30 charge for doing so. Harbortouch then sent me a letter saying I need to send back my cash register and CC processing device by July 10th or I would be charged $844.00 for both items. As a side note, this was a register that is now 3 1/2 years old and BRAND NEW only costs $300.00. Somehow that seems like bad business practices. I packaged everything up, took them to UPS and paid $135.00 to make sure they would arrive on time. I received notification from *** that Harbortouch signed and received them on July 8th. Sure enough on July 14th, Harbortouch illegally debited my business account again for the $844.00. I called customer service, again they acknowledged that the devices had been returned and I should not be charged however ONCE AGAIN I have to work with my bank to deal with stopping the payment, and incur ANOTHER $30 charge. And their customer service rep tried to blame me for their mistake by telling me I should have called them with a tracking number. WHY would I do that when they signed for the package two days before it was due and obviously had it back in their possession? This company will get away with whatever they can if you don't keep on top of them. I want them to refund me the $60 in charges I had to incur due to their mistakes which, again, they agreed that they made.

Desired Settlement: I would like to be refunded the $60 in stopped payment fees I incurred due to their mis-charges.

Business Response: Harbortouch requests documentation proving stated fee's and will gladly research. THank you. 

7/21/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: Harbortouch has unauthorizedly charged my account due to the cash register machine they claimed they had sent me when we signed up with them.

Desired Settlement: refund my $844 and pay me $1000 for the stress they cause to my busines (we have to loaned money to cover the bank account)

Business Response: Harbortouch has already gave instructions over the phone on the appropriate actions needed to get this corrected. The customer was advised to reject at bank level or wait for the next billing cycle in which this will refunded. The stress reimbursement will not be entertained. 

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]

 Complaint: ********

I am rejecting this response because:


Regards,

**** ****
  

The instruction was given over the phone , but the damage was made to my financial 







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]
the instruction was for me complain with my bank , not to harbortouch refund my money .

they told me to call my bank and complain with them , but they not the one to make the mistake .
i do not agree with harbortouch  . they was suppose to refund my money in no more than 2 days . and i had more losses due to they mistakes
 Complaint: ********

I am rejecting this response because:


Regards,

**** ****








Business Response: As stated to the merchant in previous contact, once the debit was initiated there was no way to retract. That is when the merchant was advised to reject the debit on the bank so no money was withdrawn. Harbortouch does not nor have they stated the bank is the one that caused the problem. At this time the transaction has already been declined by the bank (per customers request), no money was withdrawn and given to Harbortouch. Harbortouch views this account as whole. 

7/18/2014 Advertising/Sales Issues | Read Complaint Details
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Additional Notes

Complaint: This is a credit card processing issue. Two sales people came to our place of business, told us we would save hundreds on credit card processing fees. Stood over me telling me where to sign. Yes, I did sign the paperwork, however, a lot of it was not my writing and there are things on the contract that I would never have signed. The guy paraphrased what everything said and told me where to sign. Well we finally received the statement last week and our processing fees actually doubled. I cannot get anyone for the local office to return my call. Local Managers name is ****** ****** ###-###-####. The sales people blatantly lied to us, got us hooked into a 4 year lease contract that is not cancelable. I have found out since this that it is a real scam. As soon as they get the Credit card processing equipment installed and run a card, they have you locked in and the sales person make $2800.00. People need to be aware of this scam.

Desired Settlement: I would love to be able to get out of this contract and go back to my previous card processor. We were lied to and they have high pressure tactics to make you sign. I know I may be stuck, but hopefully the word can get out to prevent others from this trap.

Business Response: The account is valid and the agreed upon rates as outlined are in place. Whether or not the sales representative paraphrased all writing was visible and capable of being reviewed by customer signing. The customer signed and initialed all documents. The contract in hand is legally binding and enforce able. This appears to be an attempt to cancel account out of remorse with no solid backing. As stated previously this account is legally binding and the merchant will be held to that agreement. Cancellation would fall under the penalty outlined under the agreement. 

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]

 Complaint: ********

I am rejecting this response because:

It is obvious by the response from Harbortouch that they have no concern for what their sales people say. Harbortouch's goal is get the documents signed so they can hold customers to their contract. The sales person verbally lied about the rates and what the contract said. I was unable to read the documents as I was pressured due to time and the sales person leaning over me. However, I signed them in good faith that the sales person was being truthful. When I was finally able to read the contract, I discovered that what was written on the contract was at odds with what the sales person had discussed with me. Evidently Harbortouch has no integrity; they are only after profits and there is no accountability for what their sales people do to get the contracts signed. 

I was not left a copy of the contract I signed. I recently was able to get it from their risk department. After looking at it,  I see there are items hand written in that I would not have agreed to. For example, the handwritten average ticket amount and highest ticket amount are far from being correct and the percentage of cards swiped to cards not present is incorrect. Additionally, I know for sure that I did not sign the contract on 4/28/14, yet that is the date that was handwritten in (not my handwriting).

I still have not received a month end statement from Harbortouch for May, yet it is now 6/27/14. I had made an appointment with the sales person to help me download the statement as the password that was provided in my packet did not work. He was a no show, and still has not returned my calls. I have called and e-mailed several times, but no sales person has returned my call. Eventually, I was able to download the May statement by getting a new password from their customer service department. At that point I was able to discover that my processing rates had doubled. 

This is a SCAM and people need to know. The sales person told me they would pay any early termination fee from my previous processor, but they have never called me back. In any case, if Harbortouch was a reputable company, they would at least offer to match the rates I had with my previous processor.

Regards,

*** *******







Business Response: Please find attached. 

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]

 Complaint: ********

I am rejecting this response because:
There was no response other than posting a contract that contains personal information that I do not want made public. Please take down their attachment.

Regards,

*** *******








7/6/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: We had Harbortouch handling our Merchant Services. We were using a cash register and credit card processor that we obtained from them. Well, one day our equipment wouldn't let us process credit cards. We called Harbortouch and they sent us a new credit card processor. Well, it still didn't work. So we worked with their technical support team for a couple of days and we still couldn't get it to work. So they sent us another credit card processor (the same exact model they just sent us the time before). We worked with technical support on tryin to fix it for a couple more days. I even hired an external IT Consultant to assist us, and in the end it still wouldn't work. I told them that I thought it might be the register, but instead they sent me the another credit card processor just like the previous two. Needless to say, we tried the exact same solutions, and yet again it was the exact same result. Technical Support then said that if we used a different processor it might work, so I said "Great", please send us that one. The technical support guy then said that he couldn't get that authorized. At that point we were unable to run credit card transactions for 2 weeks and we were losing business because of it so I told them I wanted to cancel my service with them. It's not even that I wanted to cancel but I couldn't receive payments from my customers. So when I called to cancel my agreement I spoke to customer service in a last ditch effort to get the situation fixed. She responded that that's a technical support issue and not a customer service issue. So I told her I wanted to cancel and to send me the paperwork. She said that I would have to pay a $250 early termination fee even though my initial contract had auto renewed without my knowledge. Even then I would have been more than happy to pay an early termination fee except that I HAD to cancel the agreement because I couldn't process credit cards. I then received the paperwork and signed it, but crossed out the section saying that I owed a $250 fee for early cancellation. In it's place I wrote "Can't run credit cards for 2 weeks. Nothing was resolved by Technical Support, so I'm not paying for something I didn't do." I then sent them back their cash register and credit card processors. They then called and spoke with one of my employees and tried to haggle on the cancellation fee saying that instead of $250, what if we paid $190. My employee stated that they need to talk to me. So today when I was looking over our account, I noticed that they withdrew the $250 without my consent or authorization. So it's their fault that I had to use someone else and then they're going to charge me for it. And on top of that they're going to just take the money. That's called stealing. They are a TERRIBLE company to work with. DO NOT USE THEM.

Desired Settlement: I'd like for them to return the money they took out of my account without my authorization and apologize for all of the problems they've caused me.

Business Response: Harbortouch as an attempt to fix the IP related issue had sent 2 swaps in attempts to fix. The swaps itself prove that the issue was not with the hardware and could of very well been a restriction on the network of the customer. This is a common issue that Harbortouch cannot assist with, however is normally resolved by merchant and a 3rd party. The ETF that was applied was outlined on the cancellation form that I have attached and there is a clear check box above the amount to be debited and the explanation. 

7/1/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I through this company sales person to apply a business merchant service account at middle of February 2014. but they didn't approve my apply documents, i rejected to provide more my company information to them. and told the sales person cancel my application. It start to charge my service fee $33.00 direct from my bank account at June 2nd. The company(HarborTouch) never contact to me or send me any information, and service science February to now. I been call their customer service, they rejected to refund my money.

Desired Settlement: full refund my money $33, and stop charge monthly service direct from my bank account.

Business Response: The account was never declined or rejected but was merely put on hold to obtain more information. That information was returned by the sales rep and the account subsequently opened and all terminal files built on 2/14. On 2/19 there was a call from our account maintenance team and a welcome call was performed. At which time information was verified by Justin. The account is open and valid per the contract. All fee's related to said contract are completely valid, and if the merchant wishes to cancel, they may do so but the penalties outlined in the signed contract would apply. Harbortouch has done no wrong and processed the application/contract as normal. 

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]

 Complaint: ********

I am rejecting this response because: from beginning they reject to me this service. then i didn't  get  any response from them(even phone call or email or any document), how come they said have verify with me.

Follow thier mention this service start from Feb 19th 2014, it's no reason why they start charge service fee from june 2nd. 2014.
i have to say no service no payment.


Regards,

****** *****








Business Response: Please find the attached signatures of the both sections D6 and D7 as well as a copy of the drivers license. The resolution is simple to this complaint and is solely dependent on the merchant calling and completing the necessary paperwork to cancel the account. Otherwise the account will again be billed and Harbortouch will not credit back. The 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 refunded. We again ask the merchant to call in, obtain the cancellation form and submit back immediately to eliminate all billings. 

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]

 Complaint: ********

I am rejecting this response because:

None of the attachments are openable from the site. The company needs to provide files that are viewable and valid, and that prove that I signed an actual contract, not just an application. 
The company Harbortouch has also failed to address why they claim to have had a validation call with me on 02/19/14 but will not provide me any proof that such a call existed. They have also failed to prove that they have ever provided me with a service as there is no proof that they ever attempted to even set up my machine with their services. They have also failed to address the fact that they claim they validated me in February, but only started charging me in June.
I should not have to deal with their cancellation procedures because they have never successfully set me up with their services or provided me with a valid contract. They must cease to bill me for an account that was never actually opened.

Regards,

****** *****








Business Response: At this point this complaint is strictly based off of hearsay and the documentation has been provided to the BBB to confirm the ownership of the account. The customer is demanding proof of the verification call in which we have notes on. Again in an attempt to claim hearsay. At this point the resolution has been provided, Harbortouch agreed to refund the money which has been done. The last remaining element that needs to be done has been outlined in previous replies and the customer refuses to oblige. The merchant will be billed in the coming days and Harbortouch will not refund as the directions have been clearly outlined. I strongly suggest the merchant cooperate and fulfil his own request to cancel the account. 

Harbortouch asks the BBB to please review the previously provided documentation and provide to the customer the acknowledgment of validity, including the picture of the drivers license of the customer and the signatures of the contract.  

7/1/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: I have been trying to get some help from customer service since May 29, 2014. When I call, I'm told that nobody can speak to me regarding my account due to the fact that when the account was opened, I was not the person who signed the contract. I have been the office manager of this practice for 9 years and I did have one of my employees helping me to get these accounts set up about 7 years ago. Unfortunately, that employee, ********* *****, is no longer working here and therefore, she can't call regarding the issues that I'm having. Because she signed the forms, they tell me that they can only speak to her even though she is no longer working here. She actually has had a brain tumor since that time and probably wouldn't even remember setting up these accounts. I feel that this is one of the most ridiculous, absurd things I've ever heard. I called last week and asked what we needed to do to get my name put on the account so that I can make changes and they told me that if I had the owner of the practice, which is an orthopedic surgeon, write a letter stating that it's okay to add my name to the account, that they would do that. I had Dr. Lindsay sign a letter stating that I was the practice manager and had the authority to handle the accounts and faxed it to the number they told me to fax it to. After receiving no response, I re-faxed the letter on the 6/10/14. I still had not heard anything back from them today so I called and was told the same thing regarding them needing to speak with ********* *****. I'm now about seven lengthy phone calls, 3 emails, two faxed letters and A LOT of time into resolving these problems. I've begged them to let me speak with a manager and I have yet to speak with anyone other than the customer service rep. who answers the phone. My next step is to close the accounts by stopping payment through my bank account. I can NOT afford to pay for services that I can't get a simple issue resolved!!!

Desired Settlement: I need for someone with a brain to call me to get some issues resolved. I would like for them to admit that they will not be able to speak with ********* ***** because she is no longer employed here and hasn't been for 6 years. She is not, nor was she ever, the owner of the company or in any supervisor role here. I was her manager when she did work here.

Business Response: On 6/10 ****** was added as an Authorized user. On the same date a conversation with a Customer Service representative took place in which she was notified that the primary account holder would need to send the letter of cancelation. The contract is with the primary holder thus legally binding to that person. A 3rd party cannot legally break the agreed upon contract with out the authorizing party's consent. A customer service representative will reach out today to this merchants location, provide the proper cancellation form in which the primary account holder must sign and return. 

6/29/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: In February 2014 we opened up a merchant acct. with *** now know as Harbortouch, We noticed on our first statement that we were missing 3 tickets in our batches from different days on our closed batches that were not posted, when we tried to call our rep. he said he would work on it to find out why and let us know right away, when he showed up he told us they were taking fees out of the batches on the first missed amount and that the other 2 were ******** ******* that were not settled yet, he said the fees would be put in and we were ok to accept **, the next one we accepted also didn't get posted so we called ** they told us we were set up with them and had a merchant # but they were not getting anything and that I had to call Harbortouch and tell them to program the terminal to add them, I tried to call the rep. he would not respond so I called Harbortouch and repetedly got put on hold, so I emailed and they said they were working on it but no one ever got back to me I emailed again and told them I was losing money as I could not take ** cards, I could not get anyone to tell me where this missing money was. I didn't want Harbortouch to take anymore money from my acct. so I closed it, I tried many times to call both the rep. and Harbortouch and got no where. I have not been able to accept any credit cards for a week now and have lost lots of business.

Desired Settlement: I can't do any further business with Harbortouch, they did not fullfill any of their promises. I want out of the lease of the terminal with no termination fee. And I want my money from the ******** ******* charges.

Business Response: The issues described in the complaint should have all been resolved as of this rebuttal, which was relayed to the sales representative on 5/1 whom is in contact with the merchant. However the underlining issues were worked and all promises were kept, thus all contractual obligations 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]

 Complaint: ********

I am rejecting this response because:

If Harbortouch thinks that everything should be resolved by this rebuttle they are wrong, the rep. did call and apoligised for the way Harbortouch was handling everything, he said it wasn't his fault, and he wanted to do what he could to make this situation right, I asked him what was going on with our ******** ******* funds, he said we should be able to acceppt the card, but he still didn't know where the other funds were, I told him for over 2 months I could not accept ** and then for 2 weeks,  no credit cards at all because no onem  not him  not Harbortouch would talk to me.  I could not get a hold of anyone and as a result I lost a lot of business and this was a real hardship, I had to close out the acct. I did not want this Company that I did not trust able to take funds out of my acct. I told him he could come and take the terminal and he said he would be in the next morning for sure......he never showed and I have not heard from him since,  as I was acustomed to.  On May 6th, we called ** and asked if they  knew anything about are funds, they said they had them now and would mail us a check, I feel that it was only when the BBB got involved is when they money was discoveded which really makes me wonder, Harbortouch still has never contacted us to tell us anything about this money. 
To resolve these issues, I want Harbortouch to take the terminal and take responsibility for the lease, which we never got to see when we electronically signed it  and only got a copy after insisting the rep. get us one. 
Regards,

*********** *******








Business Response: Harbortouch in hopes of resolving this complaint will cancel the contract that was established with *** without ETF. However the problem with the lease is Harbortouch has no means nor authority to do such. The customer must contact the leasing company and explain the situation. They would need to work in tangent to resolve that matter. The terminal is not the property or proprietary to Harbortouch or ***, thus can be reprogrammed with another processor if needed. But again, Harbortouch has no control over the actual lease and must be worked with leasing company. 

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]

 Complaint: ********

I am rejecting this response because:

I am not satisfiesd with Harbortouches answer, the owner of this machine is your sales rep. and he was able to get us to purchase it not lease it , was our understanding, come to find out my electronic signature for the application for the machine was used on a lease that is non cancellable for 48 months, when I saw this I called the rep. he said he would fix that and it shouldn't have been wriiten like that, he never came in and we were never able to get him on the phone after that,  I would have never agreeded to such a thing, your rep. the man that represents your Co.,  said we would make a few payments and then we would own the machine.   We have had nothing but issues with you since the very beginning and could never get anyone by the phone not your Rep. not you, we were told we could contact and get help 24 hours a day,  The biggest pressing issue was the missing funds, which I feel we still wouldn't have gotten back if not for contacting the BBB, but other problems are comming at as like the fact that your Rep., the man who is representing your Co. told us he canceled our contract with the merchant provider I was using before you, and also returned the terminal to First Data, he never did this, and now they are sending us bills, they told us we were never canceled and the machine is not in their possession, I tried to call the sales rep. and of course he never returned the call. This problem is out of control, and I feel it all stems from all the lies your sales rep. told us.  Please tell me who is responsible for this sales rep. if you are not?


Regards,

*********** *******








6/25/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: I signed a contract with this company to accept credit at specified contract rates -- my monthly statements show this company taking a lot more fees and surcharges out of my account without my approval - I can scan and upload the contract and statements. They have an account rep number 201542 who will not answer my calls, emails or texts. The company's customer service email account sent me an email that states they will not help me via email ( I guess) that way nothing is documented the way I feel it should be. They will not explain pci compliance fees nor what it protects. *** has a little booklet that they sent to me after a contract was signed that no one has ever reviewed with me. Where do all of these additional fees come from? Also they now tell me via a little blurb on their website that they (***) is now part of the Harbortouch family. Harbortouch is a leading national provider of payment processing services, delivering a superior processing experience with award-winning support and robust online reporting as well as unmatched security and reliability. This transition will be seamless your transactions will continue to be processed and deposited with no disruption to your current service. However, Harbortouch has a separate reporting system to view your processing information, located at www.harbortouch.com. To obtain your login credentials for this system, please contact Harbortouch Customer Service at customerservice@harbortouch.com or ###-###-####. I want my sales rep to visit my store and go over this with me - something is not right. I have no access to my info and the deposits don't match up now either and I get no answers via email with *** -- I can send copies of the email requests to everyone attention too.

Desired Settlement: would like a visit from the sales representative . would like answers to all extra fees - other than what is stated in contract of 1.6% credit cards and .18 transaction fees and 1.05% and .18 transaction fee on non-pin debit card. Need to fully understand pci compliance. I need to understand what harbortouch is who they are why am I involved what is going on with my account - how does this affect my customers. None of this is being explained to me

Business Response: On 4/1 *** was acquired by Harbortouch, meaning the account is now serviced by Harbortouch. We will gladly extend our assistance to this merchant be we would need a clear understanding of what the merchant is inquiring about. There was a brief correspondence on 4/12 in which I have pasted said conversation below. The best and most efficient way to approach this complaint is to have a customer service representative contact the merchant in question directly to discuss and review rates. I will also personally compose and email to Independent representative on the account in order to fulfil the onsite visit. HOwever, please note that the sales offices are completely independent and purely sell our services. Any complaints regarding said individual should be directed to that individual. 



**** ****** ************************ via harbortouch.com 
Apr 12 (4 days ago)

to customerservice 
So my contract was with ***  - my batches are weird going into my account – my account rep ************** fell off the face of the earth, you want me to provide you with information that you supposedly purchase from *** – the office number is ###-###-#### if that is what you go by
 
 
****
 


 
This email is free from viruses and malware because avast! Antivirus protection is active.


Customer Service customerservice@harbortouch.com
10:53 AM (0 minutes ago)

to ****
Good Morning,

Thank you for your email.  Can you please explain the issues you are having with your batches going into account with specific batch dates and amounts and we will be happy to look at this for you.

-Season
Thank you,
Customer Service
Harbortouch
**** ***** ****** ****** * *********, PA *****
Phone: ###-###-#### option 3 | eFax: ###-###-#### | customerservice@harbortouch.com
 
Please be sure to keep us informed of any email address updates and or changes
 
THE INFORMATION CONTAINED IN THIS MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS NAMED ABOVE. If the reader of this message is not the intended recipient or any agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error, and that any review, dissemination, distribution or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail message or by telephone and delete the original message from your e-mail system and/or computer database


Consumer Response: Complaint: ********

I am rejecting this response because:
the business has only included an email which does not fully show answers to all problems - the contract fixed rate amounts are not the only fees or charges on my statements - I want to know why there are a lot of other misc. fees.  I want to see and talk to our account rep to fully understand the topic of pci compliance - for some reason I do not understand it like I should.




Regards,

**** ******





























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

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.]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. 

Regards,

**** ******

6/25/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: A Harbortouch sales representative outlined and confirmed that the following features were available on the HarborTouch system. We were very clear that without the following features we would not sign a contract with HarborTouch. They were as follows.... the ability to use the computer as a desktop where access to email/social media/music was possible, accurate representations of our sales on a remote website called LightHouse (a major factor in our choosing Harbortouch), access to 895 financial reports on the LightHouse system, and a cancellation fee of $250 should the system not turn out as promised and we needed to get out of the contract. All were confirmed by our sales rep and we signed the contract. Upon receiving the machine, the desktop could not be accessed and music could not be played. We went back to our sales rep who confirmed that we should absolutely be able to access these features. She even said she had 5 other recent clients who had no troubles with this. A technical representative finally gave me the password to be able to do this and we assumed our sales rep had spoken with the powers that be to make this possible for us. Upon using the feature as was sold to us, our credit cards would no longer run. Tech reps said this was due to us using the music feature. We had to stop the practice and go back to the drawing board on figuring out how to access music/social media through the computer. The issue was never resolved despite being told repeatedly by our sales rep that this was possible. The Lighthouse system never functioned properly. Of the 895 reports that we were promised, only 9 were available and none were relevant to ours business's needs. Additionally, the financials on Lighthouse NEVER matched those that were pulled from the actual POS terminal, rendering Lighthouse totally unusable for our business. Note: sales on Lighthouse were always lower than the numbers that were pulled from the actual POS. This caused major problems with our financials. My Verizon phone records show that I spent over 9 hours on the phone with Harbortouch tech reps trying to remedy these issues before opting to cancel. One gentleman informed me that these problems were "rampant" in their system and needed to be passed along to higher ups in a different department that I could not contact. It was extremely rare that I could ever get in contact with a supervisor. They would place me on long holds and then pass me back down to any random rep with no authority to handle the problems I was having. Often they would just hang up on me after a very long wait and I would have to start the process over. Supervisors would never answer their phones and only once did someone return my call after dozens of desperate voicemails left on multiple supervisors' phones. After the system failed our company and no efforts were made to remedy the situation, we opted to cancel. Upon cancelling, we referenced that the product our sales representative sold us was not congruent with the technological aspects of the machine and, thus, we should not be responsible for any cancellation charge since it was not sold to us honestly. Turns out, the cancellation fee is not just $250 as was told to us by our sales rep. Harbortouch claims that we are still responsible for paying for the monthly services charges for the remainder of the contract, despite the fact that none of the features we required worked. The minimum contract was for 5 years, which our company was very apprehensive about, but our sales rep kept us calm by reminding us that it would only be $250 to cancel. Turns out that $250 is only for cancelling the credit card processor. Since we cancelled after a few short months, this means our cancellation fee was well over $3,000. As Harbortouch is both a POS system and a credit card processor, they pulled the money directly from our banking account without warning and will not respond to any requests for a refund. We have yet to return the HarborTouch equipment since this ****er is not resolved. It appears that Harbortouch techs and sales reps are representing two different products and our company cannot be at fault for a sales pitch not being congruent with the actual product. We hope that by reporting them to the Better Business Bureau that someone in the company will take our complaint seriously and not ignore us they way they have been. (Please note that the "dates complained" section of this form only had space for 3 dates, so we started with the initial complaint dates. The number of times we called and emailed to complain are in the dozens. If more dates are needed please let us know and we can provide them)

Desired Settlement: **** **** would like all cancellation fees refunded to our account immediately.

Business Response: Access to the Social media and other web services are prohibited and have been relayed to merchant numerous times. The reason for this is to protect all parties and severely minimize the chance for a security breach. With 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 data. As referenced in section 10.2 of the agreed upon terms and conditions of the contract, ownership is and will remain Harbortouchs until the contract is fulfilled. With that statement Harbortouch will not and cannot willingly subject itself to any potential breaches. The 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 robust. There are many different report types available that merchant has and was able to access. Lighthouse is a small facet of these reporting features and is meant to help remotely keep track of financials. However 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 merchant. Harbortouch had attempted to satisfy the complaints of this merchant however the merchant rejected all attempts. The 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 of. If 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 complaint. However 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. 

Consumer Response: [To assist us in bringing this ****er to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

 Complaint: *******

I am rejecting this response because:

In regards to the music and needed websites...

In choosing Harbortouch, we made it very clear to our sales rep, **** ******* that streaming music and accessing certain websites was a major condition of us choosing this product. Without which, we never would have signed the contract. True, most of our conversations were over the phone, but I have the following email correspondence to confirm that she had sold the product to us as such and had been able to do this for other customers in the past. Had we been told prior to signing the contract that corporate had changed their policy, we would never have signed the contract. We cannot be responsible for corporate not passing along the policy change to their sales representatives. 

On Thu, Sep 26, 2013 at 1:54 PM, <***************************> wrote:
*********,

Is there any other way that you can stream your music? 

I've gotten into battle for this however they have stopped doing this as of last month since there were some accounts that were heavily compromised by allowing certain ports open. 
Corporate is highly concerned for the safety of all our customers' private information, credit batches, business info and customer info. 


Thank you!
**** *******


On Sep 26, 2013, at 2:21 PM, ********* ****** <*****************************> wrote:
There is not another way. It was part of the condition of us getting the program. I will have my owner call the company.
Regards,

********* ******

---------- Forwarded message ----------
From: <***************************>
Date: Thu, Sep 26, 2013 at 2:39 PM
Subject: Re: Needed Websites
To: ********* ****** <*****************************>


I understand ********* and as I mentioned I have done this for a few accounts in the past, I wasn't aware that they have stopped doing this.
Ok it is extension *** and I was speaking with ****, who also spoke with his supervisor. Please have him ask for a manager. 
I will also address this issue with my boss. 


Thank you!
**** *******



In regards to not being able to use LogMeIn as a solution to Lighthouse not functioning....

********* ****** *****************************

10/14/13
to ************ *****
Hey *****, (and ****- our sales rep - is cc'd)

I hope this finds your afternoon well. We spoke a few hours ago about the mis matched reports on Lighthouse. I have opted to just email henceforth because I am taking at least a single hour out of every workday to try to remedy this issue with y'all over the phone (sometimes 2 hours...). The reports are still not matching up. As this afternoon was my fourth call regarding the issue, it is becoming very frustrating.

Your suggestion of using LogmeIn is fine; however, this is not a good solution for us. If my memory serves me right, LogmeIn is a system where I can access our main POS interface, but my staff members cannot use the computer while I am trying to access it. (Please correct me if I have this wrong, but that is how it worked on my previous POS systems). As you could tell from earlier today when we had to re-start the computer, 5 minutes is an eternity for folks waiting for their food, checks, drinks, etc. 

Part of the reason we chose this system out of the dozens on POSs out there is because it was pitched to me that this company was flexible and able to provide me with a comprehensive online system (Lighthouse) that would make my life and the lives of my other administrators easier. (And the server's lives therein since there is supposed to be no need for us to be at their POS system printing reports) So far we have been unable to access websites our sales rep told us were possible, I cannot change our business hours to reflect the hours I actually want to view, I cannot access all of the POS reports I thought I could on Lighthouse, and to boot the reports I canaccess are not even matching. 

Can you please get back to as soon as possible on how we can move forward to fix these report matching/Lighthouse issues lickity split. I fought very hard to get this system into my restaurant and so far I am not looking very good to those folks that fought me on it. I absolutely do not want to have to cease this service considering all of the hard work both our companies have put in thus far, but if these issues can't be solved then there was no reason for us top make this switch in the first place. 

I look forward to your response.  


I SIGNED A CONTRACT WITH HARBORTOUCH DUE TO ITS ABILITY TO STREAM MUSIC/ACCESS WEBSITES AND FOR ITS ONLINE LIGHTHOUSE SYSTEM SINCE WE ONLY HAVE ONE TERMINAL. WITHOUT THOSE FEATURES WE WOULD NEVER HAVE SIGNED THIS CONTRACT AND WE MADE THAT CLEAR TO OUR SALES REP.  AS SUCH, I REJECT THE RESPONSE FROM HARBORTOUCH. 

Business Response: Harbortouch understands the position of the customer however the $1000 offer stands as solutions were in fact offered. Even though the merchant did not like those solutions, again they were nonetheless offered. The websites the merchant was demanding are in fact not permitted as they house and can jeopardize the security of any POS system and potentially expose any merchant to 10's of thousands of dollars in risk due to breach. The ability for a breach to happen is far to great as that was witness through the ****** Breach of early this year. The restrictions are in place to eliminate the unnecessary exposures and to protect all parties. No where in the contract nor in any sort of modifications does it state that Harbortouch was responsible to open these to our merchants, however in the underlying sections of the terms and agreements, it is stated that property of the equipment during the terms of the contract shall remain the control of Harbortouch, that include the production of our product. The reference to the calls and almost 8 hours, not all those calls were in regards to the topics brought up in the last rebuttal and stem from anything from voiding transactions, brief trainings, to other one off issues. Not all related to the POS issues, Lighthouse, or music demands. The customer must realize the system is designed and placed only to be a Point of Sale system. Not a full fledged computer. The point of sale by definition is just that, a point in which a customer can accept payment. 

The offer of the $1000 is again to recoup the costs that were incurred in the programming and deployment phase as well as the financial harm caused by the early termination of the agreement. The merchant used and processed the equipment for 4 months, ending service in January of 2014. The $250 that was billed for the processing agreement element, was actually a large reduction in the amount that contractually should of been billed, but as a courtesy was waived. That amount would have been $35 x everything month left on the contract. That amount and service is totally independent of that with the POS System, and should be taken into consideration with demand of the entire ETF refunded. The offer of $1000 is the final offer for Harbortouch to settle this dispute. 

Consumer Response: [To assist us in bringing this ****er to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

 Complaint: *******

I am rejecting this response because:

**** **** 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 prohibited. To reiterate, **** *******, our sales rep assured us prior to signing our contract that accessing specific sites and music was not just a possibility, but was 100% doable. Without that assurance, we never would have signed with Harbortouch since that was a condition of us purchasing the system. You 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 change. If 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 5 year agreement for an item that was unsuitable for our business. The 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 "************" to do so; thereby, doubly condoning the additional desktop capabilities. 

**** **** is fully aware of the definition of a Point of Sales system. On the point that Harbortouch was a sound point of sales system for our company, we are not confident that that is the case. Harbortouch offered us a comprehensive online reporting system called LightHouse whose reports never matched those that were taken directly from the POS. There 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.
**** **** used Harbortouch for 4 short months of a 5 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 $2500 refund settlement. $1000 is unacceptable. 

Regards,

********* ******








6/24/2014 Billing/Collection Issues | Read Complaint Details
X

Additional Notes

Complaint: My company "*********" used "****** **** ****" as its merchant credit card payment processor. ********* ceased operations and was dissolved in 2008. ****** **** **** was contacted at the time to close all existing accounts. We were told to send a fax stating that the company had dissolved and to close all outstanding accounts. The fax was sent as requested and a follow up phone call placed to confirm receipt. On January 1st, 2014, "Harbortouch", which was formerly operating as "****** **** ****" sent notice that they had begun charging the account, but the associated bank account was no longer valid. Harbortouch was informed that the account had been closed in 2008, and a scanned copy of the original fax and confirmation was sent to them. They agreed that the account was closed, but all charges from reopening the account were still valid, that we would be charged an "early termination fee", and all new charges must be paid. They have since sent the debt of $275 to collections.

Desired Settlement: Void all charges accrued after 2008 and remove reports to the three credit reporting agencies.

Business Response: The account was never officially closed when the merchant states it was to be done. It was put in a seasonal status meaning the expectation was the account was to be reopened. The Merchant has submitted recently a document claiming to be from 2008 however with no time stamp there is no evidence that is from said time period. At this point, Harbortouch in an effort of good faith, has waived the collections amount on the account. 

6/16/2014 Advertising/Sales Issues | Read Complaint Details
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Additional Notes

Complaint: i understood there was no penalty upon returning **** terminal----and not to be locked into any lease. Now they say they want $875. with the return of the Terminal. This is so fraudulent..and criminal.

Desired Settlement: I want to return the Terminal and not pay $875. which is wrong

Business Response: Harbortouch will comply with the settlement request and contact the merchant. 

6/16/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: 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!

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

6/16/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: 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. ***** ******* from independent broker from merchant services and bank card solutions. His # ###-###-####. Address **** ** ** ** ********* 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. 

6/16/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: 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. 

6/9/2014 Advertising/Sales Issues | Read Complaint Details
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Additional Notes

Complaint: horrible costumer service. 4 dropped phone calls. impossible to solve a simple problem.

Desired Settlement: need to be solve asap.

Business Response: I'm not exactly sure what the complaint actually entails, but I do see a $2k sale that was held for customer verification. If that is indeed the cause of this complaint, the hold was due to the amount and being over the approved max amount. Harbortouch in those cases to protect both itself and the merchant will call and verify with card holders bank for legitimacy. In this case it looks like that has been resolved and the money was settled to merchant. 

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.]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. 

Regards,

****************** ****

5/27/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: I never done business with that company. But however they are reporting a collection on my credit report which is "fraud" when I contacted them about the situation. They refuse to remove it saying that I owe them $677 don't know how they get my social security number and my information.

Desired Settlement: want this company to remove collection from credit bureau ASAP. I never done business with them.

Business Response: The merchant applied for and was signed up for a merchant account in August of 2009. Harbortouch has a signed contract with merchants signature and copies of account information including Drivers license to prove validity. The account was valid, legal, and the subsequent collections are valid. 

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]

 Complaint: *******

I am rejecting this response because:


Regards,

***** ******

I am rejecting this response. in fact, letters were sent to that business on several occasions through certified mail which they received and signed  "simply to validate the debt and show me when the heck I signed for the service or if it's even my signature. Further, if they have my drivers license and everything, why they can't show proof? This business is all a scam! 

I also attach a picture of certified mail that was sent to the business recently to validate the debt.


NO RESPONSE!
By law companies are required to validate debts within 30 days but yet,  they are still reporting on my credit report "FRAUDULENTLY"

Business Response: 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. 

5/26/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: I received a call from a collection agency regarding an unknown transaction with a company I've never heard of - Harbortouch. Here is information that's 100% new to me - and was discovered via a phone call with the collection agent and Harbortouch customer service. After contacting the original company that I supposedly had done business with (Harbortouch) they claimed I opened an account back in 2008 (3 year no-charge account) for processing credit cards. I have no recollection of opening an account and it was NEVER used. At the end of the supposed 3 year no-charge contract, they decided to auto-renew the account and adjusted their pricing from free to a new $89.95 yearly fee. They have never contacted me about the account and I had no clue who they were / are until received a phone call 6 years after supposedly opening the account. The agent said that the first year where the account was assessed the fee - the Harbortouch decided to waive the charges. The first time I learned about them was when I got a call today 4/21/14 from a collection agency because this dormant account (and unpaid bill) was sold to ********** *******. After a lengthy discussion with Harbortouch - and asking if they can cancel the account - they said unless I send in 3 forms of ID with a signature there is no way to cancel the account and avoid the $89.95 fee. If I don't pay the fee - they will keep selling the yearly fee to a collection agency and in turn damage my credit I've never heard of them - I do NOT want to send them any identification because I'm worried they are already an identity theft company. But unless I send them my 3 ID's - they won't cancel the fake account and will keep billing / sending to collection agencies going forward.

Desired Settlement: I want Harbortouch to end any accounts I supposedly have with them. I want all of my contact information and account information deleted from their system and never to be contacted again. I want ********** to retract the collection notice and expunge any damage they have done to my credit.

Business Response: The account in 2008 would of been written under the name of ****** **** ****, since the time of signing *** changed names to Harbortouch. Regardless, attached are a few screenshots of documentation in which the owner on the account signed agreed to a processing agreement with Harbortouch. The fact that the account was not used does not in any fashion eliminate the responsibilities of the signing party. The account was live, legally binding, and executed to the fullest extent by Harbortouch. 

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]

 Complaint: ********

I am rejecting this response because:

Please show me any receipt of payments run through the account or any activity related to the account. 
Please provide a copy of the full contract.
Regards,

****** ********








Business Response: Harbortouch does not have any processing activity but multiple calls into support with inquiries. The contract itself will need to be sent via USPS. 

5/25/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: When I was with this processor I would be charged fees for no reason and that fee would be doubled because they showed I had two credit card machines (when I did not, I only had one)2 years in a row. Credit was given back to me but done again the next year. These fees were made up fees that no other processor had. I was questioning a deposit that never showed up in my account weeks later...... they couldn't talk to me because my account was cancelled. They sent me a printout that showed the items were rejected. They deposited the missing deposit in my account a month later. When I called to ask them to reverse it out, because we don't have a contract to use them any more. They couldn't do anything for me because my account was cancelled. I couldn't speak to a supervisor because my account was cancelled. How could they after a month deposit into my account???? A deposit that I had to reprocess with the new credit card company because it was rejected from their company. My experience with them has not been good at all!!!! In my opinion they borer on illegal practices. I never knew what was going into to my account or coming out of my account.

Desired Settlement: they sent me a document showing it was rejected so I processed it again with my new processor. I month later the missing deposit showed up in my account after we cancelled our contract with them. They can't and won't do anything now because the contract is cancelled but the deposit went into my account with our contract cancelled. This is a ******* credit card (a federal agency). I feel what they did was illegal and should be reverse out. But I can't talk to a supervisor on a cancelled acct

Business Response: The account with Harbortouch is closed. Unfortunately due to this status, we are unable to process any sort of refunds. We have no contract in hand thus we cannot proceed with this request. The merchant has and will again be advised to process any said refund through the new processor. The original sale if in fact was processed through us, would be the valid sale thus the rekey of the transaction on the new processor would be subject to the charge back. Harbortouch advises merchant to work with new processing company to facilitate the refund. 

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]

 Complaint: *******

I am rejecting this response because:

The ******* charges that were processed by us through Harbor touch on 1/27/14 along with other **** and ****** cards normally are received in our back 2 days later.  The fund never went into my bank.  I called to see why the whole deposit wasn't in my account.  What was missing was all the ******* credit card charges for that day.  I finally spoke to someone at Harbor touch and got a copy of all the charges that day,  all that were REJECTED were only ******* credit cards.  With that information, I processed all the charges again with my new processor.  
On 2/25/14 a deposit went into my account unannounced (by TSYS-back office for Harbor touch) and it totaled the missing ******* charges that were REJECTED.  I was told by a harbor touch employee that I was not able to process any charges through Harbor touch after midnight the night of 1/27/14 (a phone call I received that day from Harbor touch). 
On 3/24/14 Harbor touch accepted that ******* deposit in question back, it is no longer in my account. Harbor Touch has that deposit in question. 
The second week in February I reprocessed those ******* charges again with my new processor.  It was well after Harbor touch showed me proof that the charges were rejected.  
 I need to know that Harbor touch returned those charges back to Voyager.  
Regards,

***** ******








Business Response: Any and all corrections need to come from the point in which the extra charges originated. That would be the new processor. That is the only way to correct the issue at hand. If customers were double billed, that double billing would come from the reauthorizations of the transactions on the new processor. The time of service was done while at Harbortouch. The new transactions were done on the new processor at a time that is not in line with the appropriate sale. That would lead and expose the merchants to charge backs. That transaction must match the original which is Harbortouch thus it is the best advice that Harbortouch is providing and the sales must be returned by the new processor. 

5/24/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: To whom it may concern: Harbor touch has failed to credit our account with funds owed for unauthorized bank debit transactions from our business account. It started May 2013. We noticed double and triple transaction were being debited from our account, sometimes 3 to 4 transactions in one day. We contacted the company to question the transactions. We never received a straight answer from the company. No one could tell us what account the money was credited to. They have withdrawn funds in the amount of over 500 dollars within a 4 month span. We have never used their merchant processing machine. Harbor touch was charging us a monthly fee for a piece of equipment we never received (POS system). I contacted Harbortouch and spoke to them regarding this issue and the overpayments that was debited from our accounts, their response was that they never received any payment. I have bank statements to prove that the company debited our account. They have gone as far as sending this issue to a collection agency. Harbortouch has not taking the time to research our complaint or to look into the matter.

Desired Settlement: We are asking for assistance with this matter. We would like for Harbortouch to research our accounts and determine what credit is owed to us. We also would like credit for those payments made on a piece of equipment that was never received.

Business Response: The fee's the merchant is referring to can be located on section B4 (Service Charges) of the agreed upon contract. The fee's were withdrawn in accordance to the agreed upon terms and thus are valid. If merchant did not use services, that is irrelevant as the contract is legally binding, non- dependent on use. Harbortouch has acted within the realm of the agreement, and as such no refund will be issued. 

5/18/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: I have made several attempts to resolve this with Harbortouch directly via mail and through the credit bureaus. This company continues to send incorrect information to the credit bureau stating I owe them money. The last correspondence I sent them via certified mail was in October 2013 which they received on October 8, 2013 via certified mail. I have asked them to provide me with #1 A complete payment history of what they claim I owe #2 Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor. #3 Proof that they are licensed and registered to even collect in my state. To date none of these request have been answered. Following this comment is a copy of the letter last submitted to them, to which I have yet to receive an answer To Whom It May Concern: Re: Acct # **XXXX This letter is being sent to you in response to a report I saw on my credit report recently. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. I am sure as a collection agency you are more then familiar with the laws. Nonetheless, to refresh your memory on what constitutes legal validation, I am giving a list of the required documentation: • Complete payment history, the requirement of which has been established via ****** v ******* 745 N.E.2d 862; 2001 Ind. App* ***** *** and • Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor. • Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) ******* v. ***** Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt. • Intimate knowledge of the creation of the debt by you, the collection agency. • Provide me with copies of any papers that show I agreed to pay what you say I owe. Under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. **** CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity. While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA. I look forward to an uneventful resolution of this matter. Sincerely, ******* *********, MBA **** ** * ****** *** *** ******** *****, FL *****

Desired Settlement: If they cannot provide me with proof that this account is mine via the above requested and not just a "verification or validation of claim" I request #1 A letter to me stating they will correct their claims and also correct the claim with all credit bureaus #2 Correction through all credit bureaus

Business Response: Harbortouch can provide any all information to the merchant however that cannot be accomplished through this forum given the need for encryption. Harbortouch has an agreement from 2006 for this merchant account, with all relevant information to sign the account up for services. Including the photocopy of the drivers license of the primary owner. The account was also used for several months with deposits going into a checking account confirmed by the principal owner. If the customer is wishing obtain any information relevant to the account, Harbortouch can and will provide and information, however that information will only be sent via certified mail. I will send all relevant documentation via USPS (certified). If merchant wishes, please confirm or contact support at ###-###-#### option for Customer Service. 

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]

 Complaint: ********

I am rejecting this response because:


 If this is correct the business should have provided all this information on October of 2013 when a certified letter # ******************** was sent asking for proof of any funds being claimed as late or unpaid.  Furthermore, according to the Fair Debt Collection Practices Act a company must cease all collection and credit reporting until documents requested are produced and the dispute is resolved.  Again, This letter is being sent to you in response to a report I saw on my credit report . Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested requiring all collection and credit reporting stop until dispute is over.

Regards,

******* *********









Business Response: As stated in Harbortouch's previous response, this merchant was under contract with Harbortouch. The merchant incurred a valid charge under the terms and conditions of the agreement, which the merchant did not pay. All supporting documentation and appropriate contact information has been sent via hardcopy to the merchant's address. In the event, the merchant wishes to continue to dispute the charge, she may contact Harbortouch directly.

5/16/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: I have been doing business with this company for many years, but this year as I put my account back online in early March to run transactions for my charter business here in Alaska I have not been paid in full. I ran a handful of transactions that totaled some $5000. I have been calling them for weeks now telling them my account is $636 short which is what they owe me. ******** ******* owes me $159, but is separate from Harbortouch. I have dissected each transaction and spent hours on this and it comes back the same everytime. I have contacted the CEO via email 2 days ago. Everytime I call its always the same response "we're looking into it". I've told them I have many more thousands of dollars in transactions to run but have not because I haven't been so far.

Desired Settlement: I just want to be paid in full for the transactions that I have run so far.

Business Response: The issue that is outlined in the complaint has been resolved as of 4/17/14. If further issues exist the customer may contact customer service at ###-###-####. 

5/16/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: For years We have been trying to get this former Credit Card processing company to end services and stop stealing money from our bank accounts. They once did our credit card processing but we terminated their services and they still keep taking money from my accounts via the routing number. What concerns me even more is they keep changing their name and it makes it hard to recognize them on statements. On one account they take $ 12.49 per month and on the other they take $37.49 per month. This has been going on for years and I personally have Cancelled them at least 2x before if not more times than that. They have changed the name on the processing and have used names such as  ******** ******* ** ********** and also ******** ******* **********. They have been stealing money from my account for years

Desired Settlement: I want them to stop stealing from Companies as they appear to be doing

Business Response: The merchant did not properly close this account until April 15th 2014. There were email correspondences in November of 2013 in which a closure was asked however that was rejected as closure of an account can only be done by the authorized signer of the legally binding contract. This was communicated back, evident by the attached email string. The contract remained active until recent. All terms/billings are valid. 

5/16/2014 Billing/Collection Issues
5/15/2014 Advertising/Sales Issues | Read Complaint Details
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Additional Notes

Complaint: I was approached by ***** ***** of *** regarding a charge back that I had in October 2013. The charge back was because someone had ordered product from me using stolen credit cards. . ***** led me to believe that he was from the merchant services company that I was currently doing business with. He told me that he was changing my account from retail to wholesale merchant and I would pay a lower price for merchant services. I agreed because I was satisfied with the company (******** ****) that I had my merchant services with and being able to get a better rate was great. When he sent the application he said I had to fill it out because I was changing from wholesale to retail. He told me that there was a processing fee and I questioned (I have copies of the email regarding the conversation) him about why I was having to pay a processing fee when I was already a customer. He stated that it was required. I was mislead and when I found out that I was mislead and canceled my account I was told that I would have to pay a early termination fee which is unacceptable because of the circumstances.

Desired Settlement: I want *** to cancel my account without a early termination fee.

Business Response: we will reach out to the Independent sales office to research the facts of the case. we need 5 business days time to get back to you

Business Response: Harbortouch acquired *** on 4/1/14, this particular account was acquired as well. Although Harbortouch is sorry to see the merchant leave due to prior experiences, Harbortouch will satisfy the complaint and close the account without ETF. 

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.]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and find that this resolution is satisfactory to me. 

Regards,

******* *****

5/14/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Started phone calls on 4/10 to cancel contract. Harbortouch cust svc authorized cancellation without penalty but hinged on having equipment returned to them. 4/22 phone call with Harbortouch cust svc confirmed that equipment was given to sales rep. We never received equipment. After many attempts to contact sales rep, finally contacted Harbortouch cust svc to request sales rep's supervisor. Was advised customers are not allowed to speak to anyone but Harbortouch customer service therefore they would have to track down sales rep. Followed up with Harbortouch cust svc on 4/16, 4/22 and 5/2. Got same answer each time...still no response from sales rep. Harbortouch cust svc rep I spoke with today refused my request to speak to a supervisor. She then advised me I had to call sales rep's customer service. As mentioned above, I previously requested going that route but was told Harbortouch cust svc had to handle it. Nothing but runaround. Also, cust svc rep today refused to help me further because I wasn't authorized to get info on account when I was clearly put on the authorized list during my 4/16 conversation. When I insisted on speaking to someone else she hung up on me. I then called operator to request a supervisor/boss name, was given ***** ********** name and they would have his asst call me. I advised them if no contact in 1 hour BBB would be contacted. Still no call.

Desired Settlement: Honor agreement to cancel service with no penalty, hold sales rep responsible for equipment return and no bills past the March 31 billing statement.

Business Response: Harbortouch agrees to the requested resolution and will provide the proper documentation in order to close this account. A customer service representative will be in contact. 

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.]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. 

Regards,

****** ********

5/13/2014 Advertising/Sales Issues
5/9/2014 Advertising/Sales Issues | Read Complaint Details
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Additional Notes

Complaint: A sales representative, ****** *****, came to my retail store and gave me a presentation. In this presentation and the ensuing conversation i was told that I would receive the ability to maintain my inventory online, Have real time up to the second reporting of sales, have graphs and visual aids to outline my sales, be able to share inventory across my two locations and have them sync and update in real time, have my employees sign in and out using a swipe card. I was told that for the fee of $69 a month on a 6 year contract i would get all of these features. When I received my two systems i immediately noticed I didn't have any of this and contacted Harbortouch. The told me that for my system they do not offer the lighthouse program which gives me all the remote functionality and graphing & reporting capability. they offered a substitute of giving me remote access to the computer itself but couldn't give me the graphing functionality that i need. They told me that I would have to pay an extra $1500 to share inventory across two systems and wouldn't comp the fee even though their sales rep told me I would have it included in my systems i was receiving. they did not offer me an alternative for the swipe cards at all. Because I lacked the ability to share my inventory across my two locations I was forced to close one of my locations. To have to come up with $1500 a week after having my grand opening and paying for a full renovation was impossible and the fact that I have a 9-5 job as well made me unable to travel between two businesses and update 1000+ products daily.

Desired Settlement: I want for them to accept back both of their products and waive the early termination fees the totals over $8000. I did not receive the items I was sold on and it isn't right that I am being forced to pay for a product other than what I was sold on.

Business Response: All issues that were presented by customer were presented with a solution. The customer is asking for an additional service that is available but comes at a cost. The option to be given without cost is not a possibility, but again is offered. The removal of the contract without penalty for what appears to be hearsay (unless customer can provide written documentation of the agreement with the sales rep that he spoke with) and cannot be accounted for in any sort of reconciliation. The full term of the contract is enforceable by the signed contract.  

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]

 Complaint: *******

I am rejecting this response because:

The "Solutions" they provided me were steep compromises to what I signed up for. I stated the "Solutions" they provided me would not give me the full functionality that the Sales Rep told me I would have.

-LogMeIn does not offer me the ability to graph my reports, nore does it offer me real time reporting only day end reporting.
-Nowhere in my contract does it state that I would have to pay for the ability to share inventory across two harbortouch systems.
-They did not offer me a compromise for being able to have my employees swipe to sign into the POS.

Please see attached for the document i sent Harbortouch with my requests. All I want is either to get what the sales rep said I would get or be released from the contract so that I can seek a product that would fully fit my needs.

Regards,

***** ****








Business Response:

Again, all issues that were presented by customer were presented with a solution. The customer is asking for an additional service that is available but comes at a cost. The option to be given without cost is not a possibility, but again is offered. The removal of the contract without penalty for what appears to be hearsay (unless customer can provide written documentation of the agreement with the sales rep that he spoke with) and cannot be accounted for in any sort of reconciliation. If the merchant has any supporting documentation to prove what he was sold on, that would be acceptable evidence and would be considered when negotiating a settlement. Minus that information, the full term of the contract will stand and all applicable penalties. I've also answered the points brought up in rebuttal

-LogMeIn does not offer me the ability to graph my reports, nore does it offer me real time reporting only day end reporting.  --- LogMeIN the available product and provides all necessary for information needed for the merchant. Having graphs is merely cosmetic.

-Nowhere in my contract does it state that I would have to pay for the ability to share inventory across two harbortouch systems. --- The contract actually has no reference to multi-site, as it is an additional setup, with a fee associated.

-They did not offer me a compromise for being able to have my employees swipe to sign into the POS.  --- There is a feasible solution that we can offer for this issue. 

5/4/2014 Billing/Collection Issues
5/4/2014 Problems with Product/Service
4/22/2014 Advertising/Sales Issues | Read Complaint Details
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Additional Notes

Complaint: 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. 

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]

 Complaint: *******

I am rejecting this response because:not one person has contacted me about what is going on. I have called customer service, and I always get the same answer of "we will contact you,". I have never been contacted, if I had been I wouldn't be dealing with BBB. 


Regards,

******** *********








Business Response: The merchant spoke with a Customer Service Supervisor on the 21st of March in which the plan was outlined and agreed upon. The refund that was discussed and agreed upon in being processed. There is no record of any further communication nor any communication that needed to be done. I have no record of merchant contact since the date outlined above. Harbortouch will have a supervisor reach out again today however, and discuss all that was outlined in previous call. 

3/30/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: A HarborTouch rep cam into our business to get us to sign up with his company. The company seemed legitimate and we were told that it's a month to month deal with no cancelation fee so we figured we would give it a try. So after all of our information was taken HarborTouch sent over the product. They told us they would send someone out to set it up and train us on the system. So we waited. A week, two weeks and more pass with no contact from them. My father then became very aware that if it is taking them this long to help out a new customer how bad will it be once were signed up with them. We felt like we would be constantly at their mercy so we returned their product to them and informed the rep (****** *****) that we do not want to be one of their customers. My father is the owner and while I am responsible for running the restaurant and managing inventory and employees, he is solely responsible for all our fund management. It seems that he has been over-looking several deductions that occur monthly from our business account. Most of the charges were small (and have since been handled) but one in specific was a monthly, reoccurring charge of $91.95 and has been charged for over 3 years now! Needless to say I am furious and have contacted the company and was told they would look into it. We haven't heard from them so I decided to file a complaint. We have our bank statements to show any and all charges made from HarborTouch and luckily for us the POS (point of sale) system won't work without an internet connection so we can essentially prove that we never hooked up their product.

Desired Settlement: I would like ALL of our money to be returned as it is our money and not theirs. They have been taking money from our account for over 3 years now and we have proof. Their system was not once used by us, whether it was as a P.O.S. system or as a credit card machine. I am shocked that they are getting away with this. I only hope the BBB can help us resolve this issue as we do not wish to take legal action.

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

 

3/28/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I will sum it up as short as possible. We agreed that I will be charged .25% + .06 cents per transaction. I got my terminal in today and received a big run around after calling them and trying to find out why all my paperwork received with the terminal says 1.75% + .17 Cents per transaction. Like really you think I wouldn't notice that. I own my own business and am sitting on a computer all day. I can and will make a very large digital foot print telling the world to stay away from harbor touch. I was lied to. Plain and simple. I tried to cancel you sending this out to me from day one and you still sent it. I open it saying ok its here lets try it out. I set it up and first thing I notice there is no pin pad for anyone to put there pin number in for debit. I start reading the paperwork to see if theres something missing or a way that I didn't think of and thats when i found the letter with the fees that I did not agree to. Then to make things worse I'm told there's a cancellation fee because I'm under contract and I was told by my sales rep there is no contract. So thats another lie!! What makes it worse to the point that I'm getting my attorneys involved soon if this isn't resolved through BBB is that my paperwork said cancellation fee is the total estimated fees per month times 5 years. Well since your min fee per month is $25 then that will amount to a min fee of $1,500!!

Desired Settlement: I want a manager to call me and setup the cancellation of this account and help me return all equipment. AND MOST IMPORTANT waive the cancellation fees. If not this will and I promise it will turn into a legal problem. For future reference instead of trying to trap someone into some agreement why don't you be honest and stick to what was agreed on in the beginning. I processed some transactions today FYI but I don't care about the money I lost processing those.

Business Response: Harbortouch has in possession a signed agreement outlining the pricing the merchant is disputing. If legal is threatened and/or pursued, the document will be presented with the customers signature. There is also a note from a staff member on 1/20/14 in which a conversation with the merchant revealed that they chose to proceed with a new POS company given the sheer fact that they can deliver more quickly on the POS the merchant required. The contract as legally signed and binded to between Harbortouch and this customer will be enforced to the fullest and all fee's will stand. Including the outlined ETF that is clearly defined in the contract and subsequent Terms and Conditions. 

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]

 Complaint: *******

I am rejecting this response because:

I have a copy if the contract which said nothing and was blank u filled it in afterwards I have the original email and print outs so how are u gonna explain y u send blank docs to be digitally signed and then fill in afterwards how much is the cancellation fee because legally in Mississippi u can't even charge more than 150 to cancel a contract
Regards,

******** ******

Business Response: The ETF is classified as a financial obligation, similar to a loan. Cancelation prior to completion of the loan, the buyout amount is due. Harbortouch, can produce a signed agreement with the merchant signatures thus making the document legally binding. Digital signatures are legally binding as well. Production of a blank document is irrelevant given the fact that it is a widely distributed document and can be obtained easily in its default state. 

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]

 Complaint: *******

I am rejecting this response because:
It's not completely blank i have attached a copy of one of the docs. and I cancelled this contract because I saw to many bad reviews about your company. you took it upon yourself to send out the terminal without any verbal written or electronically signed document or agreement of rates. You seriously would rather have me go very public on how harbor touch is trying to screw me rather than close the account. Really? I just want my relationship with you ended!! You may not care about legal action because you have a legal team to toss this to but what about the damage all my emails to every news outlet i can find can do. I'm not defenseless like you make it out to be. And then what your going to put a collection on me and I dispute it as a fraudulent account and have it removed because this is fraudulent I can keep going. someone who is violated will find a way. You may be a big company and I am a small bus owner but I PROMISE I WILL FIND A WAY TO GET OUT OF THIS or you can cancel and send me a box to return your equipment and I just forget about harbor touch. I also recommend you copying your boss and your legal team about this because any one with common business sense would tell you canceling and moving on from this is much easier!!

I also have a bunch of emails asking you to stop pursuing sending me the pos equipment and your customer service told me i can cancel without any penalty within 30 days so why are you refusing to cancel. the only reason I jumped here is because I can't find anyone to actually cancel and not transfer me to another voicemail which I kept track of very well. 

 
P.s Courts tend to rule in favor of the little guy when big companies try to strong-arm the little guys. 
Regards,

******** ******








Business Response:

1.     Merchant Transaction Processing Agreement Rates

**. ****** entered into a Harbortouch Merchant Transaction Processing Agreement (“Processing Agreement”) on January 13, 2014. The Processing Agreement consists of the Merchant Application and the Terms and Conditions, together with its addenda, attachments and schedules. The Merchant Application lists the rates and fees upon which **. ****** agreed to process credit and debit card transactions during the term of his Agreement. The rates and fees of which **. ******’s merchant  account is being charged are consistent with the Processing Agreement.

2.  Additional Equipment

**. ****** was provided with all equipment that he ordered and was listed on the Processing Agreement. If he is in need of additional equipment, Harbortouch is willing to provide that to him. **. ****** should contact Jason Crocker, Director of Merchant Support at ###-###-#### for assistance.

3. Termination Fee

The Processing Agreement has a minimum three (3) year term. **. ****** is welcome to terminate his agreement with Harbortouch subject to the termination provision of the Processing Agreement. Specifically, Section 13.20 of the Processing Agreement (as amended by Section 42 of the Addendum to the Terms and Conditions) which states:

13.20 Early Termination Fee. If this AGREEMENT is terminated early either during the INITIAL TERM or any RENEWAL TERM for any reason other than set out in Section 5.1, 5.2.A or 5.2.B, MERCHANT agrees to pay an early termination fee (“EARLY TERMINATION FEE”) equal to the greater of $250 or $35 multiplied by the number of months remaining in the then-current term, in addition to all other amounts MERCHANT owes. MERCHANT agrees that the EARLY TERMINATION FEE is not a penalty, but rather is reasonable in light of the financial harm caused by MERCHANT’s early termination. Notwithstanding the foregoing, the early termination fee will not exceed the maximum amount set forth by applicable law.

Harbortouch values each merchant we serve, realizing that exceptional customer service is just as important as competitive pricing and innovative products. We are willing to work with **. ****** in order to make him a satisfied Harbortouch customer. If, however, **. ****** wants to proceed with cancellation he is welcome to do so, in accordance with the terms and conditions of his agreement. To discuss this matter further, **. ****** may contact **. ******* at ###-###-####.

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]

 Complaint: *******

I am rejecting this response because:
I should be able to terminate without a penalty considering i terminated before any equipment was sent and u sent it anyway! Will u waive the termination fee yes or no!

Regards,

******** ******

3/27/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: On 12/13/13, we ordered a POS system from Harbor Touch. We read the reviews on line and seemed to be the company to go with. We ordered the equipment from our sales rep **** **********, who was very helpful when we had questions and or concerns. We were told by **** that we would receive the system in 7 business days, that he had put a rush on it. We received a phone call from the programming department, and we were so informed that the system would take up to 3 weeks before they could get it to our store. We had informed the woman that had call that this was on a rush order per ****, and they only had 10 parts to put into the system as we wanted to enter it ourselfs, so we could learn the system. We got the system 13 days after we had talked to the programmer, we had called ****, he did not return our phone calls or emails. We called and left 3 calls and emails. The installer came to hook up the system and the first system did not work, he called Harbor Touch and they said they would overnight the parts, this took 2 days, he came back on the 3rd day and installed the new parts, to no avail, the new parts were bad as well !! We called Harbor Touch to express our concerns there customer service had sent us on a transfer go around, being transferred to 6 other people, to hear the same script, So sad, too bad. In the process of being transferred around, we were trying to call ****, and again, no answer or no responses to emails. We were told by **** that we would have some one from Harbor Touch that would be doing in house training, we found out that this was not true, that the training is to be done over the web. Again, not what we were told, and again, trying to get a hold of ****, to no avail.

Desired Settlement: We have had 3 people standing and waiting for this system to get installed as my company does cross training. We have had these 3 people in from the sales field standing around wasting 2 hours each time. I am demanding to be reimbursed for lost wages because of faulty equipment , I am not asking the for the moon, just what is do to me for lost wages. 12 hours of wages $ 240.00. This should be in a check form, I WILL NOT accept and type pf credit.

Business Response: Harbortouch does not do onsite training and the merchant was advised of such. The merchant took it upon himself to have staff on hand for training. Harbortouch has already absorbed a huge financial loss due to the merchant canceling the agreement after the equipment was customized and shipped. Harbortouch waived the ETF without any financial requests from the merchant as well even though Harbortouch was willing to work to resolve all matters. Harbortouch will not credit funds back without supporting documentation proving the hours and payment, nor feel the requirement is just. 

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]

 Complaint: *******

I am rejecting this response because:

Harbor touch delivered a system that was faulty from the start. THREE systems NEVER worked ! When we have new equipment put in, we have training done ONCE, so it is a one time charge and we do not have to pay to train on it again. We were told by **** that there would be hands on training, meaning in house. As this experience has proven, this is a horrible company. They stated they were kind enough not to charge us for canceling. WHAT A JOKE !!!! They could not even deliver  a working system. Lets keep in mind the contract says Harbor Touch would deliver a WORKING system, Harbor Touch is negligent in there own contracts.  I will not settle with this company until MY expenses are covered. If they want to see documentation, they should call, our attorney will provide it for them. Their response will go online with our complaints for ALL to see.


Regards,

**** *****








Business Response: Harbortouch has absorbed a substantial amount and feels that a claim for lost wages that are unproven is not a justified expense. Harbortouch did all in its means to resolve the issues the merchant experienced. As a result of the merchant remaining unsatisfied and equipment not functioning 100%,  we waived all cancellation fee's and credited back fee's that were already incurred. 

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]

 Complaint: *******

I am rejecting this response because:

Harbortouch has continued to try and draw funds from my bank account even when according to them my account is cancelled.

Regards,

**** *****








3/22/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: My Merchant Business is been with Harbor Touch since 2008. Their customer service is usually helpful when I ask for help but in two incidents I was miss treated and felt like a criminal to them. I was very frustrated and upset with my last situation with them. I Run a Credit Card transaction for over $1000.00 and they said that they have to do an investigation because my limit was only $300.00. For all the time I've been with them I have run higher amount than $1000.00 before and never have any problem. All of a sudden I'm investigated for going over my limit. Try to get In-touch with them via email/Call and didn't get me anywhere. Try to Ask to speak to a Manager and they would pass the call around. Today they are telling me that I need to fill out a form their sending me for a charge back from account. 1st of all they are holding the Funds from the Credit card and now I'm getting a charge back that I never got. Is not fair for me give a charge back when I didn't even got it because they're holding it.Now I'm going to receive from my bank a charge back fee that I didn't even receive. Harbor touch said they can't help me because its just they way it is. We did are part to verified all the info for the customer and the Credit Card went thru with a approval and they said that the card was Fradulent. I ask if they can waive any fees incurred when the charge back comes since they are holding the money. and they said no they can't help me.Their customer service is so poor and unprofessional.

Desired Settlement: wanted all the Fees to be waive

Business Response: Harbortouch understands the merchants frustrations, however fraud is a big part of our industry and Harbortouch takes it very serious in order to protect our customers as well as ourselves. In this case the transaction is being deemed fraud and the consumer (card holder) is issuing a chargeback. The issue with the funds being held is to protect Harbortouch and is clearly outlined in the processing agreement the merchant signed with us. The chargeback is customer (card holder) issued and not a result of Harbortouch. A consumer can chargeback a transaction for any reason, especially fraud.  

 

3/22/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: We started a new business and we used Harbortouch for our POS system. They do not tell you all the fees that they take out of your bank account without your knowledge. They were suppose to ship the POS systems and we noticed the company took out $158 out of our checking account. When we called, we were told by *** our salesperson it was for shipping. I asked, why did you take funds out of our accounts without our knowledge or permission? He could not answer the question and replied the amount will be refunded. We have tried for months to get the money refunded back to us and to this day have not received it. We even called and spoke to ***'s supervisor name *****, and every time we call, his famous words are"I will call you back in 15 minutes." He never calls back or return telephone calls, and he has lied to us, and said that he had sent the check overnight with FedEx, and it would be delivered on 2/22/14. Well that day has came and gone and still no check. I called today on 2/27/14, and spoke with ***, he tells me he is swamp and he will call me back in 15 minutes after he research it. I called him back about 30 minutes later and he still have not looked into it. He spoke with my husband and told him that he will call him back in 30 minutes, this was over 1 hour ago. Harbortouch sent us the wrong POS system, we ordered the fastest POS and we sent the old POS system back. Today, we find out our bank account was charged $2531 for not returning the POS system, it has caused 16 NSF checks to our account.Called Harbortouch today, and we were charged for a previous request-we were going to return one of our POS system, but was told that we will still have to pay for the POS system the remainder of the contract. They do not offer any trial period and you are in a 5 year contract. It is not worth the headaches. When I told the customer service rep that this has not been a good fit, she tells me that we would have to pay $7700 to get our of the contract and return the POS system, we noticed POS not new

Desired Settlement: We would like all monies refunded that is due to us ($2531 and $158). We wish not to continue with this contract because it has not been a good fit. The people at this company is not honest and continue to lie to their customers and take money out of their account without letting their customer know. Not even a courteous call. ***** is suppose to be the manager, and his actions makes me question his integrity and the company. He can be reached at ************.

Business Response: In January the merchant had a swap of one of the units. THis was performed however the merchant refused to return the old equipment meaning they had a piece of equipment they did not nor are they paying for. That unit was directed to be returned to Harbortouch as a replacement was already on location. However that unit was not returned and was subsequently billed. 

 
Shipping costs were billed at time of shipment and are outlined on section C4 of the signed agreement. Merchants signature is on page agreeing to those charges. 
 
Section 4.2 of the Terms and Conditions associated with the service agreement gives consent to Harbortouch to directly debit merchants DDA for all fee's associated with the account. Again, these terms were signed and agreed to by the merchant in question. Harbortouch can provide if needed. 

3/21/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: Harbortouch is a service provider regarding credit card transactions. I made a transaction on Jan14th 2014 for the Amount of $475.00 the transaction was deposited into my checking account on Jan16 2014 but the amount was $275.00 Called Harbortouch regarding the missing $200 and was told these funds were on a "pledge hold" of which there was no explanation given as to what this was. Since that time I have called a total of 7 times trying to find out why or when these funds would be released. 1st call ( on or about Jan 23rd 2014 )Was finally told that part of the held funds were for payment on the account fees ( $117.43) and that the balance would be deposited in my acct. within 72 hrs ( did not happen ) 2nd call: Told funds were on hold for 10 days and would be deposited then ( did not happen) 3rd call: Told funds would be deposited within 48 hrs ( did not happen) 5th call: Told funds were on hold for undetermined time minimum of 20+ days for "processing" 6th call:( 03/04/14) Told funds were still in undetermined hold time and in processing . I also requested that my account be terminated and was told that a form would be Emailed to me within 48 hrs 7th call ( today) Form was not sent and funds were still on hold saying that I owed $117.43. and that the form requested would be sent within 24-48 business hrs .... in the meantime while all this was going on I received a replacement upgraded C Card terminal from them and in todays conversation they are telling my I will probably be charged a fee for this terminal as I am terminating my my account They have successfully held my funds long enough now to accrue charges against my account and have been charging regular fees on my account since this debacle has been going on . I have asked for hard copies of the charges made against my account at least 5 times and have yet to receive anything

Desired Settlement: I want my funds deposited, and no charges against my account should exist beyond the Jan 16th date as whatever legitimate fee was levied against my account on JAN 16th should have been paid in full and the balance should have been deposited in my account at that time from the money held by them It has been from JAN 16 2014 up to this date March 07 2014 with no resolution

Business Response: The disputed amount and account has been resolved as of 3/18 and will be deposited into the merchants bank in normal funding time. The money was held to cover and collect rejected fee's which is outlined and agreed upon in the terms and conditions of the merchants account. 

 

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]

 Complaint: *******

I am rejecting this response because: The reason for the hold as stated is misleading in that this is the first time I have seen or heard any reason for the holding of my funds other than a representative telling me ( on the first call) that the funds were in a "Pledge Hold" and upon request to define this hold  none of the service representatives in the 8+ calls made could offer one.

 Also numerous requests were made to receive a hard copy of any and all fees charged against my account and not one was ever sent as promised in the many calls that were made .

 These funds held were in an account used for purchasing parts etc for my business which is it's own profit center therefore  that money held for no apparent or defined reason denied  the ability of my company to make a profit on that sum of money.

Lastly the funds were put on hold on Jan. 16 2014 until March 18 2014  This is in violation of Regulation C.C. according to the FTC ( Federal Trade Commission) representative I discussed this matter with and also submitted a complaint to regarding Harbortouch practices.  I also feel I am at least owed a written apology from this company  who will after  many, many  years  will no longer have me as a customer

Regards,

****** ****







3/17/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: Harbor touch has taken an undeclosed amount of funds from our creditcard account and will not retrun the money. They have had the money from the 10 of this month and collected moneys through the 20 of this month and will not even tell me how much money they have of ours. I hope you can at least tell people of this practice.

Desired Settlement: my money back

Business Response: Harbortouch back on 2/10 put a hold on the account as specified in the merchant agreement with the merchant. The merchant performed an illegal transaction that needed correction and the merchant was advised of corrective actions needed. Once the merchant complied to the request, all monies were released. Harbortouch complied fully to processing agreement, however it was the merchants activities that resulted in the hold. The amount in question I'm assuming is a mistake as that number is obscenely high and will not be considered to any extent. 

3/14/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: In November of 2013 our company received a letter from Harbortouch stating "Notice of Change to Your Agreement", the letter also stated that "You agree to this modification of the agreement by continuing to use Harbortouch's services after 30 days" The letter informed of (NEW) charges and fees Harbortouch was going to charge for their services. One being an $89.00 fee per terminal for "Industry Compliance" Throughout the month of December I made multiple attempts to inform Harbortouch that I did not wish to continue services. I have documented 14 phone calls and over 100 minutes (updated to 148 minutes) with various Harbortouch personnel in a (failed) attempt to discontinue services. ******, *****, ******, (last names withheld) to name a few. I asked all of them to please send me proper papers to sign and return, so we could officially end our contract, as well as send information explaining how to return Harbortouch's equipment. Day after day I called requesting the papers, and day after day they informed me they would email me the papers. At one point a service representative, ****** Rodriguez told me that it would cost me $250.00 to end my contract, after which I informed him that we received a change in our contracts that negates our contracts, after he talked to his supervisors, informing me were too busy to speak to me directly, ****** told me that Harbortouch did not recognize their "Change to Agreement" as a "Change in our Company's Contract". ****** informed me that Harbortouch would be happy to not charge me the unwanted fees from our statements, at which point we were mysteriously disconnected. A prompt call back got me to another customer service representative that informed me that ****** was out at the moment, but (*****) would be happy to send the documents I requested. To this day, I still haven't received the papers I've requested, In December, while attempting to contact Harbortouch, I was able to contact another Merchant Service Provider and be completely set up within 24 hours. Since We received the letter of a change to our agreement with Harbortouch, we haven't used their services. So we believe we do not owe Harbortouch for the months they've charged, or the Industry Compliance Fee they have charged us and removed from our account. On a side note; 30 minutes before taking this step with the BBB I called Harbortouch to attempt, once again, to resolve this matter. I'm still on hold, but will hang up now.

Desired Settlement: Recognize our right to cancel services due to Harbortouch's "Change to your agreement" letter by: (1) Cancel our Harbortouch service on BOTH business accounts (2) NO cancellation fees, early termination fees, etc (3) Refund all charges from Nov 30th 2013 to present (4) Send or inform of paperwork required to terminate contracts (5) Send or inform of how to return terminal equipment

Business Response: Harbortouch agrees to waive the ETF if merchant wishes to proceed with that route. However all subsequent fee's are legitimate and are covered in the merchants application agreement. The merchant was sent and has failed to return the cancellation form sent on 12/26 to Harbortouch, but has yet to return such. Failure to return stated document is directly related to account remaining open. Harbortouch will have a representative reach out to confirm the above. 

 

Consumer Response: to Chuck 
Thank you Chuck. Please let me know how and when payment is going to me made.
 
Thank you,

******* ****- Project Manager

************* **** ********* ****
###-###-#### Bus
###-###-#### Cell
***********************
 
From: ***** ******
Sent: Wednesday, February 26, 2014 11:46 AM
To: ******* ****
Subject: RE: Merchant: ******************* **********
 
****,
 
Both of these accounts will be closed with no ETF and they will both be refunded the $89 RCF.
 
 
 
 
Regards,
 
***** ******
department manager
harbortouch
 
2202 north irving street
allentown, PA 18109
Phone: ###-###-#### X***| eFax: ###-###-#### |*********************
 

Business Response: Complaint closed per evidence of customers rebuttal. Customer and Harbortouch settle outside this forum. 

 

3/14/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I have acquired a HarborTouch point of sales system about 1 weeks ago. I have contacted customer service several times to inform them about the useless, not what they sold me equipment and that I would like to cancel the service and return equipment. I have explained to HarborTouch customer service team that I have receive an equipment that does not fit my business but the sales person (****** *****) told me, it would fit perfectly. Right now, I have submitted a cancellation request but HarborTouch customer service wants to charges me the remaining balance of the agreement which is $69.99 x 60 (60 = 12 month x 5 years). There is no way I am going to pay for something I did not receive. Also I would like to remark that before I ordered the equipment I wanted it to have a demo for me to try and the sales person (****** *****) told me there is no way I could test out the product before buying. I believe this is sneaky way to trap consumers on buying something useless.

Desired Settlement: I would like to return the equipment and not pay for early termination fee.

Business Response: There is no trial period that Harbortouch offers and the deal is finalized upon delivery of product and installation. Both of which occurred with this customers account. Buyers remorse is not a cause to void a legally binding contract. The customer has also not spoken with any member of our support team regarding any issues they may have. There was one call regarding the ability to do something, in which options were given and the merchant advised they would evaluate those options. If the merchant has requests, they have not been relayed to us. This may be the customer not fully understanding the product before them and without Harbortouch knowing of such, we cannot assist. The merchant may contact support at ###-###-#### and inquire on all necessary changes or question they may have. But as yet, that has not occurred. 

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]

 Complaint: *******

I am rejecting this response because: I have received the cancellation form which I could only get by requesting to return and close the account (Attached). Also, I have received emails requested feedback from HarborTouch. These emails only comes when I have contacted HarborTouch Customer Services (attached). This is clear proof on how unprofessional HarborTouch conduct business. I have no reason to lie, my complaint is genuine. The reason for my return is because the equipment is useless for my business. 


Regards,

****** *******


Business Response: Time of events, that have been laid out below, show that Harbortouch has done all in its power to resolve the issues the merchant has requested. As seen below, merchant wanted to cancel system 5 days after installation with no outstanding complaint to warrant any sort of breach of contract. All calls received by **. *******, were handled with either a resolution or an option. The request to cancel the system without any sort of penalty is not an option. If ** ******* wishes to cancel, then the full ETF would apply. However based off the notes below, Harbortouch has and will always be willing to assist ** ******* and his establishment to support any issues that may be present or assist in any questions that may arise. The training emails that the were attached during from the **. ******* in his original email are evidence that we have offered the training that is necessary to successfully operate the POS system that is provided. If a more personal training is required, that may be setup as well per merchants request. 

 
 
1/23: Merchant was sent post install documentation from the team handling the installation. 
1/23: Merchant contacts support to understand how to delete an employee. 
1/28: Merchant contacts support and advises does not like the system. Call note documented below
  • Reason for the call: Doesn't like his system. Ticket# Resolution: His doesn't like that they have to log in multiple times and he doesn't understand the training. Advised that he can take a webinar. Sent him the webinar. g2g Software Type: AR Software Version: 1107 Brain/Server or Workstation: N/A Power Management Off: Yes LogMeIn Installed: Yes Are there any other issue/Concerns: No
1/28: Merchant contacts support and advises that he wants to cancel. Call note documented below
  • Issue/Reason for call- wants to cancel account Verified Info- ss dob Contact Number- ********** Retention- hates system. offered training and advised of 24 tech support Details of the conversation- merchant says he will think about it and check out system. advised 24 tech support for issues with terminal. merchant still wants to have cancel forms sent, just in case
1/29: Merchant contact customer service about processing rates. Rates were advised end of call
1/29: Merchant contacts customer service about cancellation. Notes below of conversation
  • Issue/Reason for call - call to merch to go over cancellation on acct Verified info-dob and ssn Contact number- ###-###-#### Retention- N/A Details of the conversation- call to merch to go over cancellation on acct spok to merch he said that the business isnt going to be for them. offered lower rates /fees diff system he said what he wants cant be installed on it and sync everything on one database. advised of 60 month contract with ht pos and etf on acct he said but since it isnt going to do what he wants then it doesn't matter. advised etf would still apply.
1/30; Merchant calls looking at options on networking POS DB: Notes below of conversation
  • Reason for the call: Merch looking at his option on networking POS DB. 
  • Ticket #:na
  • Resolution: Wants to be able to edit DB on his personal computers. So he can edit Cust DB or Vendor info from anywhere.. Advised on his options. LMI, Adding POS units, Multi Store app. Said he would think it over. 
  • Software Type:AR
  • Software Version: 
  • Brain/Server or Workstation: 
  • USB Power Management Off: 
  • Are there any other issue/Concerns:
  • LogMeIn Installed:
2/12: Merchant needs help with loyalty program: Notes below of conversation
  • Reason for the call: Needs help with loyalty
  • Ticket #: N/A
  • Resolution: He went to take an order and never came back
  • Software Type: N/A
  • Software Version: N/A
  • Brain/Server or Workstation: N/A
  • USB Power Management Off: Yes
  • Are there any other issue/Concerns: No
2/12: Merchant needs help with pricing rules on loyalty: Notes of conversation below
  • Reason for the call: Needed help with special pricing rules and loyalty.
  • Ticket #: N/A
  • Resolution: Remoted in and gave assistance.
  • Software Type: Adv. Retail
  • Software Version: 
  • Brain/Server or Workstation: Server
  • USB Power Management Off: Y
  • Are there any other issue/Concerns: N
  • LogMeIn Installed: Y
2/20: Merchant calls support inquiring about reoccurring payments: Conversation notes below
  • Issue/Reason for call -  wants to do recurring  payments 
  • Verified info- dob and ssn 
  • Contact number- ###-###-####
  • Retention- N/A
  • Details of the conversation-
  • wants to do recurring  payments 
  • advised unfort we do not offer that on terminal. 
  • wants equipment portable advised we have mobile device card reader. referred to rep he has her number. 
  • wants to do online processing as well. advised will need separate acct for that. referred to rep
2/21: Merchant contacts support as he wanted an item to ask for a price every time only for a specific reason: Notes of conversation below
  • Reason For The Call: Merchant called in because he wanted an item to ask for a price every time only for a specific person.
  • Ticket #: N/A
  • Resolution: I advised I could set it up to be an automatic discount but not to ask for the price every time just for that single person.  It would be for every person.  Merchant is g2g.
  • Software Type: ADV Retail
  • Software Version: N/A
  • Brain/Server or Workstation: Server 
  • USB Power Management Off: N/A
  • Are There Any Other Issues/Concerns: Not at this time
  • LogMeIn Installed: N/A

3/2/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: - This company sold us a contract based on false statements - The software upgrade was to enable multi-location, this has not happened despite multiple requests - Calls and emails are consistently unanswered - Multiple support requests are open - System is clumsy and difficult to use - The software had completely changed after the system upgrade

Desired Settlement: All issues need to be resolved and multi-site enabled within the next 4 weeks or will seek legal consultation.

Business Response: Merchant was advised of costs associated with Multi-store and was advised to work with the independent sales office that they signed an agreement with Harbortouch through, for more information. This information has been stressed and relayed to the merchant numerous times. The contract was not sold on Multi-site and was/is an addition. 

 

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]

 Complaint: *******

I am rejecting this response because:
The issue was never about the cost of multi-site but rather questions about the multi-site software and fuctionality. Support is terrible, questions not answered, numerous support issues still open. We have all the emails with the history.

Regards,

********* ********





Business Response: This has all been broken down and disclosed to merchant in prior conversation. Harbortouch will have Sales Representative on account, whom we have directed merchant to contact, reach out to provided stated detail. 

 

2/27/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: This company has charged me a $250 early termination fee. In the contract I have signed and they have provided it has no such clause. The contract was for 5 years and it has been 8 years. Since it is a credit card processing firm they have direct access to my company's bank account and have unlawfully withdrawn the money. I sent in a letter asking them to provide me with information about the late fee and they went ahead and closed the account I have with them and withdrew $250 from my account. I have not signed the termination agreement and so thus have not authorized them to take out such funds from my account. In my opinion, its equated to a theft. Everyone that I have spoken to has claimed the account is closed so they wont discuss it. This all happened on 02/04/2014 and 02/05/2014.

Desired Settlement: I'd like them to refund my $250.

Business Response: The contract does auto renew once the initial term is up and continues to renew based off the terms in the contract and underlining terms and conditions. However in this case Harbortouch will write off the balance due. The merchant put a stop payment on the withdraw, hence no refund will be issued, just write off the balance that is in collections. 

 

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]

 Complaint: *******

I am rejecting this response because:

There is no signed contract stating the contract auto renews. Plus no termination agreement was signed!


Regards,

***** ***








2/20/2014 Problems with Product/Service
2/17/2014 Advertising/Sales Issues | Read Complaint Details
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Additional Notes

Complaint: My issues started with this company the day I signed up for an account. I responded to one of their emails for a free POS system. I emailed ******* and asked if this was a 100% approval thing despite bad credit. I was assured everyone was approved. Filled out application that was for a POS system, and was sent a credit card terminal. After much arguing ******* told me that I was not approved through there credit check. I was told that if I kept the account within a few months he could get them to approve it. 6 months later I receive my statement that says to contact them about a free system and again no where on it says there is going to be a credit check. I fill out another application in December and have not heard from him since. I have spent countless hours begging harbor touch to change my sales rep because he is a liar and they only loop me in there system, I also requested check guarantee service as well as online payment processing though authorize.net, I have pleaded each time to get a different sales rep. I again spoke to 3 different people who promised they would be able to change sales reps and received a call today that says they cant. ******* doesn't know what he is doing and refuses to provide me with the services that I am entitled to and refuses. I spoke with season and she told me that they cannot do anything and I have to speak with the sales rep. I refuse to continue to beg harbor touch for a POS and internet gateway.

Desired Settlement: I want the POS and check service i was "guaranteed" along with the internet gateway set up

Business Response: The merchant in question does not have the credit to obtain the POS system they are requesting. There is a credit requirement in order for this to proceed and will not proceed if the credit is not there. It is unfortunate but an acceptable credit score is required given the financial implications involved. If check services are needed an online gateway, those can be accomplished with ease. The customer can contact there sales off who signed with Harbortouch, or they may contact technical support at ###-###-####. 

1/28/2014 Billing/Collection Issues
1/9/2014 Billing/Collection Issues
1/2/2014 Problems with Product/Service
12/30/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I am filing a complaint because we have received a POS computer system from this company and after setting it up it does not do what we were told it would. After many calls and emails from me to Harbor Touch, I have heard nothing back from them. I want to return the item to this company and get refunded the fees that they have charged us. We believe the system does not meet our needs as we were told it would. I have emails and phone calls that have not been returned to me from this company.

Desired Settlement: We want to return the POS computer system to the business and get a full refund of the fees that were charged to us.

Business Response: Customer has had POS system installed since 9/17/13 and has actively been using. The last correspondence with our support team was 10/29/13 in regards to setup, not functionality. This attempt is clearly buyers remorse. If merchant wishes to cancel full ETF will apply. The merchant has access to our 24 support team and I ask that all issues and requests be discussed with them. The merchant claims its not what they wanted as it does not do what they need, but I see no attempts and logs corresponding with our support team. 

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]

 Complaint: *******

I am rejecting this response because: I have contacted the support team and have names of employees I've spoken with.  I would like an address of whom I need to mail the system back to and an estimated date of when we should receive a full refund of debts that were charged to us.  



Regards,

*** ********








Business Response: I have no records of communication and if the merchant has I would like a copy and what was discussed. Harbortouch wants to help solve all issues however the merchant must cooperate in order to do so. The return of the equipment will not void the contract and the contract remains in effect to the fullest. 

 

12/24/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: We as ******* (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 (*******). ******* 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]

 Complaint: *******

I am rejecting this response because:

 
Harbortouch's response is not only not factual but also contains some outright lies that we can support with relevant documentation.
 
Fact 1
We were indeed provided with a stand alone terminal. However, as I stated in the complaint, it did not function smoothly beyond ten days. Because of a lack of any willingness on the part of Harbortouch to solve the problem, we were forced to find other means of payment processing. So yes there will be a few payments in July and August (through the stand alone terminal). But there will be more payments via alternate processing means such as the square reader and  our credit card terminal brought in from our other locations, because Harbortouch's stand alone terminal was not reliable

Fact 2
We have not signed up with a rival merchant service provider. We do use alternate methods of payment. But then we are a running business. If harbortouch fails to provide the needed payment processing services, we cannot stop accepting credit card payments. When the initially provided credit card machine started malfunctioning, we resorted to processing store payments through our ecommere website ***************  so that we did not have to turn away customers wanting to pay via credit card. However, pretty soon after that we started using a square card reader. However, our use of a square card reader did not occasion or necessitate our problems with Harbortouch. For our other location in ******** Mall we continue to use both the square card reader and a credit card terminal provided by a different provider with whom we now have a nearly two year old relationship.
 
Lie 1
Harbortouch is stating that we made only one call regarding the password. In fact, we made more than one call when the stand alone system started malfunctioning. As a small business, we do not record all calls we make, so I am not sure how to provide proof to repudiate this lie.
 
Fact 3
We were told at the time of signing the contract that it would take up to six weeks to deliver the POS system. From the time the inventory was mailed to them, to the time of delivery of the POS system, it actually took over 6 weeks.

Lie 2
Harbortouch are denying receiving the full inventory list. It was mailed on June 20th to *** ******** ****** at ***********************. The entire inventory was mailed to Habrortouch, albeit on two separate sheets of the same excel workbook (accessories and apparel). The harbortouch team only uploaded one sheet - accessories. Whereas they did not pay due diligence while doing their bit in uploading the inventory, and whereas I can provide original emails and files, and/or access to my computer to a third party computer expert, to prove that all inventory was in fact sent to them as stated by me, instead of accepting that they made an error they are now denying receiving the complete inventory list.
 
Fact 4
Harbortouch did in fact add the inventory later on, once we complained. However, there was no information from them to let us know that it was done. It was assumed by them that we would keep checking to see if and when they would upload the rest of the inventory. It was only when we called again, that we were told that the inventory had been uploaded. By then it was already mid-September and we were extremely unhappy about all the fees we were being charged when we were not being the provided the promised services (we had been paying fees for four months by then, without getting the promised services).
 
Fact 5
The day the POS system was set-up, we called up ******** ****** and complained about the condition of the monitor (please see document attached). This while their technician was still here. The lady insisted that it was a brand new monitor. She said that the only use we saw on it was from their testing the credit card swipe. As anyone can see from the attached document it is not the case. I am sure Harbortouch will have a record of this call in their system. The lady kept insisting that it was a new monitor. Whats more her tone was rather rude and insulting. Later on when we sent a written complaint to the sales person (****** *******) who initially sent us the contract, she said (over the phone) that she would try to get us a new monitor. But nothing was done on that account.
- At that stage, yes we were very unhappy about the lack of response from the company and we did talk about being unhappy about the 60 month contract. 
 
Now that the complaint has been officially made they state that the condition of the monitor should not be an issue and that they are willing to replace it. However, based on our interaction with them so far we are no longer willing to work with them. 
- We are a high end clothing store. We will not keep a battered, obviously much used monitor in our store.
- We will not work with a company that completely and repeatedly dismisses our concerns and instead of admitting their error, treats our company in such a 'couldn't care less' manner, not the least because it tells us that if ever in future we have any more problems with their system, their help desk will be of no help and the company representatives, instead of solving our problem with resort to calling us liars.
 
Finally, I would like to unequivocally like to state that as a business we are not in the habit of reneging on duly signed contracts. Evidence our relationship with our other merchant service provider, which started more than a year before we started dealing with Harbortouch. That relationship continues to stay strong, because the company provides service and support of the highest quality and there is a mutual respect in all business dealings.
 
I would therefore request that all the equipment which is taking up precious space in our store, be removed by Harbortouch, demurrage charges paid as of October 1, all fees paid so far to the company be refunded and the contract cancelled.
 
Regards,

**** ********








Business Response:

I have answered the following articles with responses proceeding each: reference Italics. 


I would also like to reference an conversation held between the customer and a representative from Harbortouch on 8/27/13. Below is a call note left based off said conversation. Its clear the merchant was not happy from the start, however it also shows that we worked with him to help alleviate all concerns and at the time of call there were no issues. The merchant upon ending this call appears to be satisfied and soon after merchant requests to cancel. 

Reason for the call: He received a "used" machine. I asked him what makes him think it's "used" and he said the Card Swiper has been used and he said it's running Windows 7.

Resolution: Explained that he has Windows XP - he checked and it is Windows XP. Explained why we use Windows XP - he understands now

> Asked if his Card Swiper is working, he said it's working.

Merchant wanted to know how to turn off the system since it does not shut down from the start menu

> Explained how to manually turn his Elite terminal off using the power button on the back of the screen

Merchant said it gets super hot and thats why he wants to turn it off. I advised that the machines do get hot over time, that's relatively normal.


Harbortouch stands firm that it has acted with accordance to the contract and the attached terms and conditions. If the customer wishes to move on from Harbortouch, the FULL ETF will apply. 

 

Fact 1

We were indeed provided with a stand alone terminal. However, as I stated in the complaint, it did not function smoothly beyond ten days. Because of a lack of any willingness on the part of Harbortouch to solve the problem, we were forced to find other means of payment processing. So yes there will be a few payments in July and August (through the stand alone terminal). But there will be more payments via alternate processing means such as the square reader and  our credit card terminal brought in from our other locations, because Harbortouch's stand alone terminal was not reliable

 Harbortouch: Harbortouch has only 1 recorded call and nothing that would be considered a complaint for the standalone. Harbortouch does not lack any willingness to solve any and all issues and as I have stated previously, Harbortouch will do all it can to stabilize this merchant account. The fact is the customer ran transactions through our system. Whether they were in blatant violation of Visa/Mastercard regulations and processing on an alternate processor, is not relevant given the fact that the merchant had and used the ability to process with Harbortouch. 

 

 Fact 2

We have not signed up with a rival merchant service provider. We do use alternate methods of payment. But then we are a running business. If harbortouch fails to provide the needed payment processing services, we cannot stop accepting credit card payments. When the initially provided credit card machine started malfunctioning, we resorted to processing store payments through our ecommere website www.vasstra.com  so that we did not have to turn away customers wanting to pay via credit card. However, pretty soon after that we started using a square card reader. However, our use of a square card reader did not occasion or necessitate our problems with Harbortouch. For our other location in ******** Mall we continue to use both the square card reader and a credit card terminal provided by a different provider with whom we now have a nearly two year old relationship.

 Harbortouch: Square is a merchant service provider. Customer has mentioned in this complaint numerous times your relationship with Square and another provider. 

 

Lie 1

Harbortouch is stating that we made only one call regarding the password. In fact, we made more than one call when the stand alone system started malfunctioning. As a small business, we do not record all calls we make, so I am not sure how to provide proof to repudiate this lie.

 Harbortouch: Harbortouch has only 1 recorded call for this particular terminal. If there were an error that needed to be corrected, Harbortouch would of actively and aggressively strived to resolve. However our support department can only work issues that are presented. 

 

 Fact 3

We were told at the time of signing the contract that it would take up to six weeks to deliver the POS system. From the time the inventory was mailed to them, to the time of delivery of the POS system, it actually took over 6 weeks.

 Harbortouch: The merchant did not submit the required inventory to Harbortouch until 6/21. The programming of the system could not start until that time. So yes the installation process was delayed significantly but this was due to the time frame it took for Harbortouch to receive all required information.

 

Lie 2

Harbortouch are denying receiving the full inventory list. It was mailed on June 20th to *** ******** ****** at ***********************. The entire inventory was mailed to Habrortouch, albeit on two separate sheets of the same excel workbook (accessories and apparel). The harbortouch team only uploaded one sheet - accessories. Whereas they did not pay due diligence while doing their bit in uploading the inventory, and whereas I can provide original emails and files, and/or access to my computer to a third party computer expert, to prove that all inventory was in fact sent to them as stated by me, instead of accepting that they made an error they are now denying receiving the complete inventory list.

 Harbortouch: the merchant did submit an inventory list and that list was the one used during the setup process. The merchant later complained of missing sections, and when referenced to the prior submitted sheet, that information was not present. Harbortouch then asked the merchant to provide the missing detail, once received we uploaded for the customer and deemed the issue resolved.

 

Fact 4

Harbortouch did in fact add the inventory later on, once we complained. However, there was no information from them to let us know that it was done. It was assumed by them that we would keep checking to see if and when they would upload the rest of the inventory. It was only when we called again, that we were told that the inventory had been uploaded. By then it was already mid-September and we were extremely unhappy about all the fees we were being charged when we were not being the provided the promised services (we had been paying fees for four months by then, without getting the promised services).

 Harbortouch: 8/30 Harbortouch reached out to merchant to complete the installation and action was needed by merchant. A message was left with a male employee. Same day, upload was completed.   


Fact 5

The day the POS system was set-up, we called up ******** ****** and complained about the condition of the monitor (please see document attached). This while their technician was still here. The lady insisted that it was a brand new monitor. She said that the only use we saw on it was from their testing the credit card swipe. As anyone can see from the attached document it is not the case. I am sure Harbortouch will have a record of this call in their system. The lady kept insisting that it was a new monitor. Whats more her tone was rather rude and insulting. Later on when we sent a written complaint to the sales person (****** *******) who initially sent us the contract, she said (over the phone) that she would try to get us a new monitor. But nothing was done on that account.

 

Harbortouch: As stated in my previous reply, Harbortouch is willing and has always been willing to replace the monitor. That offer still stands.

 

-    At that stage, yes we were very unhappy about the lack of response from the company and we did talk about being unhappy about the 60 month contract. 

 

Harbortouch: merchant did sign and agree to that contract length upon signing with Harbortouch.

 

Now that the complaint has been officially made they state that the condition of the monitor should not be an issue and that they are willing to replace it. However, based on our interaction with them so far we are no longer willing to work with them. 

-    We are a high end clothing store. We will not keep a battered, obviously much used monitor in our store.

Harbortouch: Again, I’ve stated that the equipment can and will be replaced to satisfy complaint.

 

- We will not work with a company that completely and repeatedly dismisses our concerns and instead of admitting their error, treats our company in such a 'couldn't care less' manner, not the least because it tells us that if ever in future we have any more problems with their system, their help desk will be of no help and the company representatives, instead of solving our problem with resort to calling us liars.

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]

 Complaint: *******

I am rejecting this response because:

I will touch upon two aspects of Harbortouch's response. 

 
1. Harbortouch admit that we made a phone call regarding the fact that we were not happy about receiving a used monitor. However, there is no response to the document which shows the dings and marks on the monitor (not limited to the card swipe - these are all over the monitor). Is Harbortouch still maintaining that a new monitor was delivered to us?
 
2. It is an outright lie on Harbortouch's part that we did not email the complete inventory list in the first instance. In the face of such blatant refusal to admit they were mailed a complete inventory list in the first instance, we are not sure if there is any point to this correspondence. Is there a way a third party computer expert can check Harbortouch's mailbox to verify whether they received the complete inventory list of not?
 
Once these two issues are resolved we can discuss all other issues.

Regards,

**** ********








Business Response: As stated in previous rebuttal, merchant can reference "Fact 5" and Harbortouch's response regarding the monitor. No where does it state that we swapped, but clearly outlines our desire to do such if that is requested. As for the Inventory, On 6/4 merchant contacted and spoke with ******** ******, at which time the merchant confirmed that they would provide on 6/14. However Harbortouch did not in actuality receive the inventory until 6/21. Those are the facts that Harbortouch has documented.

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]

 Complaint: *******

I am rejecting this response because:

 
Harbortouch are deliberately trying to confuse the issue. I repeat my questions.
1. Did they supply us with a new terminal? If so how do they explain the dings and marks as documented in the pdf I have sent to them and provided to better business bureau?
2. When I sent in the inventory on 6/21, I sent in the complete inventory list. Harbortouch/Charlene uploaded a partial inventory. Harbortouch has since claimed that the fault lay at our end, in that we did not provide the complete inventory list. My question is - On 6/21 did they not receive a complete inventory list? Can they prove that they did not receive the complete inventory list? And if they did in fact receive the complete inventory list (which is easily proven), why are they trying to prove that the partial upload of inventory was somehow our fault?

Regards,

**** ********








12/21/2013 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: Our Company went out of business in early March (****** **** ********) but we called Harbor Touch in early September 2013 to cancel our service and account because it was not longer in use, so we ask what was the last amount due until that day so we can pay it, they told us the amount of 50.87 $ so we sent the check and i got proof from my bank that the check was cashed. Now is early December and we found many bills from Harbor Touch since October ( bill was 22.00$) but all the amount due for December is 91.00$ and they are threatening us to send us to collections. So I called Harbor touch and i tried to fix this matter and trying to understand why if we CANCEL this account in early September they still charging us , So they tell me that the account still open and if i don't pay they will send me to collections, after explaining to the customer representative that we already did pay the last bill back in September, he tells me that we never cancel it that we didn't sent a form with our signature, I understand completely for company policies but in early September when we called to cancel nobody told us about this form, they just told us to send the last payment and they would cancel it for us. The person i talked now in December 4th ( ***** , ID# ***) told me first that the amount went from 22.00$ ( bill in october) to 91.00(bill in December) because the account was open and went up, when he told me that, i expressed that why would I pay for that amount IF i cancelled the service 3 months ago and it was no our mistake ,we paid the last amount and closed the account, ****** is out of business. Then he tells me that that amount(91.00) is from back in July and august and i told him that when we called in September they told us the 50.87$ was from those months and then he says that the account has been open since February and the amount comes from those months. I like to do things right and we take really good care of our credit but this company is really unprofessional and extremely unorganized , is their Job to keep track of this bills, is just impossible to understand how my balance that got to 0.00 in September when i paid the last amount due 50.87 and now they say the 91.00 is from months earlier .

Desired Settlement: We need this to get fixed , my balance should be 0.00 . is just not fair to charge us for their mistake. And a account cancellation is a must.

Business Response: The account was indeed closed in September and it was closed by Harbortouch. The fee's that are in question are from a balance prior to that closing. I do not see record of the stated check and if the customer can present proof of such payment and what the payment represents that would certainly be useful. Otherwise the balance due will stand. 

 

12/21/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Our company, *** ******* ******* Restaurant, for which I am the owner of, had intentions of using and having Harbortouch as our Credit Card Processor. The offer was a free POS system for which we would pay a monthly service fee to have the system maintained and honored for service, repairs, customer service, free support, and also have the credit card processing. We sent our menu to be programmed and was told we would have an on site programmer and trainer on the day of installation. On June 3, 2013, the installer for Harbortouch showed up, but was over 4 hours late. He did not show up with any tools of his own and with borrowing our tools, he proceeded to install the equipment. During the install we had no one onsite to train us. We were told it would be a smooth transition from our current POS system to the new one from Harbortouch. We are an active business that relies and functions on the POS system. We can't process orders or take payments without our POS system up and running. The installation did not get completed on the first day. Day 2 came and we waited with no one showing up until about 4 pm. During this process I was in contact with Harbortouch and expressed my concern and dissatisfaction. We were losing business because we did not have an operating POS system in place. The installer had removed our current POS system and did not complete the installation of the new POS system from Harbortouch. By day 3 we were still not operating fully. The installer had it incomplete and our menu that we had sent in for progamming was not even complete! At this time we decided to terminate the installation. We reinstalled our old POS system ourselves and told Harbortouch that we were not continuing the installation. We never got to run the system fully. We ran tickets only one day but it was not fully operational and installed. We asked for everything to be canceled. We returned all equipment and are not using Harbortouch. I have tried to contact numerous people in customer service about the maintenance agreement, yet they continue to bill and draft our checking account each month for $354 and a monthly service fee of $7.50 for the credit card processing. WE DO NOT EVEN HAVE THE EQUIPMENT! We never signed a completion of the installation and yet we are being charged every month!

Desired Settlement: To have the agreement cancelled and terminated! To stop drafting our checking account! Refund us what has already been taken out.

Business Response: Sending the equipment back does not eliminate or cancel the binding contract the merchant agreed to at the onset of the relationship. The merchant was sent a cancelation form, however said for has not been sent back Harbortouch. Given the industry and the great potential for fraud, we absolutely must receive back a signed cancellation form from the owner of the account. Until that process is completed, the account will remain open and fee's will be assessed based of the contractually scheduled fee's due to Harbortouch. If the merchant wish's to cancel the agreement, please complete the cancelation form and return to the number listed. If the customer needs assistance, they may contact our customer service 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]

 Complaint: *******

I am rejecting this response because:

Yes I have received the cancellation form and discussed it many times with Customer Service.  I was told if I sign the form and submit it, we would be charged a termination fee, which the form states also.  We do not agree with the termination fee.  We never signed a completion of the installation because the installation was not completed.  The agreement can't be executed without a completion of equipment yet we are being charged and then told we will be charged a termination fee if we send in the cancellation form.  We did not use the equipment to be charged a maintenance fee.  We don't even have the equipment to be charged a maintenance fee. How can you charge a maintenance fee when we are not in possession of the equipment.  The form needs to state no termination fee to be applied.  The lacking on Harbortouch's end does not constitute our company paying for a product that we did not receive as stated in the initial agreement.  We did not receive the proper equipment, programming and installation, which led to us returning the equipment and ceasing business with Harbortouch. 

Regards,

****** **********

Business Response: Equipment was installed on 6/4/13 and the customer utilized the system and processed transactions for 3 consecutive days on the system. Harbortouch can show the evidence upon request. It seems there were small issues out of the gate all of which were correctable. There were also minor training questions throughout this time period. Shortly after the questions regarding the reports the cancellation request was generated. The customer appears to have had buyers remorse and was unwilling to work with us to resolve all the issues they claim to have been experiencing. At this point the merchant is adamant on the return of the equipment, thus the ETF that was agreed to and signed by the merchant upon agreement of our services, must and 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]

 Complaint: *******

I am rejecting this response because:

You state that you are adamant about us returning the equipment.  We HAVE returned all equipment and did so by our choice.  We initiated the return of the equipment and have proof of all returns.  We did utilize part of the system as I had stated in previous statements.  However as I stated the install was never completed.  We only performed on the POS stations that were put into place for us to begin using.  Upon utilizing the system we experienced inadequate programming and NO training.  We were even at a point as I stated before that we were not even able to process anything through the POS system and our old system had been removed.  We were non functional to take orders and had to process everything by hand, which I have proof of as well.  The questions regarding the reports that I placed to customer service has no bearing on our cancellation.  We do not have buyer's remorse.  We gave Habortouch adequate time and chances to work on the issues we were experiencing.  We waited from the beginning for the installer to arrive on time.  He was late from the initial visit and showed up around lunchtime and expected to remove our old system during lunchtime and install 6 new POS stations while we were trying to run our business.  I asked the installer, our sales rep and even called customer service about returning on a different day and to perform the installation before or after we open/close.  We were told that was not an option that installations are not made according to our schedule but theirs.  So we preceded with the installation and the installer did not have his own tools and would borrow our tools and our sales rep would run to the store to get needed tools and material.  The installer would leave during the install and told my associate that he had to go pick up his girlfriend and left his cell# if we needed him to never return.  Our sales rep would stay and try to help with the programming that was needed because it was not programmed properly from the beginning. My associate was the one who stayed after hours and worked on the programming. We never had a functional installed and running POS system.  Come Friday, our busiest day and we were still waiting on the installer to show up and complete the install is when we decided enough was enough.  It had been 5 days and still waiting.  We put our old system back in place and informed our sales rep that we were returning the equipment.  We had many other issues that I have not mentioned and I have many witness to attest of the events that took place.  I simply can't understand how and why Harbortouch can say that they honor and stand behind something as what happened.  IF we are going to be charged the QTRLY maintenance EFT, then I would say we should have the equipment in our possession. We don't.   How can you charge us for something we don't have.  I understand we signed the agreement, but the agreement is in default due to the improper and incomplete installation.  We have an agreement signed but no equipment to have the agreement to support. 


Regards,

****** **********

Business Response: The issues and severity the merchant claims to be true have not been relayed to harbortouch at any point beyond this complaint. The basis of the buyers remorse is based off an email received on 6/24 to an individual within Harbortouch from an individual named ***** *****. She states that in said email the reason for return as being that the system was just not for them. I've pasted the content of said email below. The fact is the equipment was installed and usable given the presence of processing on the account. If the system was not usable, how would the 268 processed transactions for the month of June been possible? Harbortouch has performed well within the lines of the agreed upon contract, thus the ETF that is in question is applicable and the responsibility of the complaining party. 

 
 
 
Email aforementioned:
 
 
Hey ******:
 
Thank you for the proposal you provided us regarding the POS system.  After consideration ****** has decided to decline and proceed with the cancellation.  
 
I am sorry this did not work out for us.  Every business has their own creditianls and we feel that this system is not for us.  Thank you for your assistance and understanding.  You have been very kind and helpful concerning this situation.
 
Please forward this to the appropiate person to cancel.  
 
Also we are due a credit of $354.00 for the withdrawal that took place on 05/31/2013, which was taken from our account before the installation even began.
 
 
Best 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]

 Complaint: *******

I am rejecting this response because:

I HAVE ATTACHED TWO FILES.  One is an email that we received from Harbortouch Installation for us to complete the form and send back in to confirm and finalize the installation.  This was never signed and returned because the installation was not completed.  I have attached the document to this complaint as an attachment.  We never authorized nor signed the EFT agreement.  The second attachment is a "POS ACCOUNT SETUP FORM", which is what was signed. This form was not an authorization to deduct EFT from our checking account.  The EFT withdrawals that have been made by Harbortouch are not authorized.  


Every issue that I have stated in this complaint had been brought to the attention of Harbortouch through customer service.  Many conversations took place between us and our Sales Rep, **** as well as **** ****, ****** (ext ***), **** (ext ***) and *** (ext ***).  There is no dispute regarding the email you provided that was sent by *****.  The system was not for us for the fact that installation was never completed and the programming was not suite for our business.  She was being very polite and honest.  I have copied and pasted emails we received  explaining the stages of the installation.




Dear ****** **********,

 Thank you for choosing Harbortouch as your Point of Sale solution!  We would like to welcome you to first stage of the installation and training process, and the final step of your journey to enjoying our system and services!  Currently, we have you scheduled for your installation on:

 Monday June 3rd 2013 @ 8:30 am EST
 

Once completed, the technician will have you confirm with the remote installation team that you are satisfied with your On-Site Overview of your equipment.  We then strongly recommend you call Harbortouch to schedule a 1 hour Advanced Training session. 

 

This training session can be custom tailored to explain any features you may have questions on in detail.  To better suite your questions in complete detail within the time alotted, we do suggest organizing and pin-pointing the features you desire to be trained on, prior to scheduling.  If you are not sure what features you need to know about, the trainer can tailor your training to your business needs and discuss what features will be most crucial to you. 

If you have any further questions or concerns, please feel free to let us know.  We look forward to servicing your business needs for a long time in the future.  Again, thank you for your business!
 

regards,

 *** ******

Harbortouch Technician Coordinator  

 2202 North Irving Street | Allentown, PA 18109

Phone: ###-###-####| eFax: ###-###-#### | ***********************



Harbortouch Installation
To Me
Jun 3

Send. Sign. Done.
 

Attached is Your Copy (Cc) of *** ******* ******* RESTAURANT Installation Agreement

Harbortouch Installation has copied you on *** ******* ******* RESTAURANT Installation Agreement. After all participants complete the document you will receive a final PDF copy by email.

To: ***** Team
From: Harbortouch Installation (harbortouch)

Please review and sign *** ******* ******* RESTAURANT Installation Agreement.

Click here to view this document online in your EchoSign account.

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The installation was never complete.  The email from *** states that once the installation is complete,  "the technician will have you confirm with the remote installation team that you are satisfied with your On-Site Overview of your equipment. ".  This never happened.



Regards,

****** **********

Business Response: Please see attached document and reference bottom portion. Merchant signed and agreed to honor and agree to all aspects of the contract by signing. As seen, merchant signature is present thus the approval of the application/contract and is legally binding. Harbortouch is at a large financial loss to begin all relationships, thus the ETF must be applied and fully enforced. In this case the merchant, as stated in previous responses, admitting to the system not being what they want. That does in no way void the agreed terms of the contract nor waive any fee's. If issues are present Harbortouch has and will continue to offer support. Merchant is responsible for full ETF and if not paid upon termination, collections attempts will pursue. 

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]

 Complaint: *******

I am rejecting this response because:

As I have stated and have proof of, we do NOT have the equipment.  All equipment was returned.  You state in your response if issues are present that Harbortouch will continue to offer support, yet we do NOT have any equipment of Harbortouch for you to support.  Also as I have attached the following form that was emailed to us was never signed and returned to Harbortouch because the installation was not completed!


Regards,

****** **********

Business Response: The form provided is an electronic form which is capable of being regenerated with no information and has no legal binding of the actual contract. The merchant used the system to process, which in effect initiates the original agreement and begins the binding terms. However, Harbortouch is willing to settle this complaint with a reduced fee. The current ETF is for the full term remaining on the contract, which equates to $472 x 59 months (minus 1 month of install) = $27,848. Harbortouch is willing to settle for a fraction of that cost and the amount of $4,000. Harbortouch has invested a large amount of time and resources since time of inception and this sum is to recoup some of the enormous loss we would take letting this merchant out of the 5 year legally signed commitment. If merchant does not accept this counter, the proposed amount will no longer be a valid offer. 

12/15/2013 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: We are a company selling fireworks. We accept Visa/MC/Discover and American Express from our customers. We have several different locations in CA and OR. On June 25 of 2012, we called Harbortouch technical support at ###-###-#### and asked them to activate our credit card terminal to accept credit cards. The technical support representative looked us up and confirmed our business name and location and proceeded to program our credit card terminal over the phone with brief instructions. After the programming was completed, tech support confirmed everything was working fine. From our experience the credit card terminal was working normally, the credit cards were approved and a receipt was printed for the customer to sign. Everything seemed normal, however we did not see any deposits going through to our bank account. We called in to technical support again on July 6 and asked them to find out why we were not receiving deposits. They ran some tests and discovered that they had used the wrong merchant account number to program our credit card terminal and none of our transactions were going through correctly. Technical support apologized for their mistake and they said they were going to be able to rekey all of the credit cards themselves into the correct merchant account. After a few days, technical support confirmed they had successfully rekeyed all credit card transactions. What they did not tell us is that there were 44 transactions totaling $2221.78 in declined transactions when they tried to rekey the credit cards manually. We were not aware of any declined transactions since we did not rekey the transactions ourselves. It was Harbortouch who manually rekeyed the credit card transactions. We did not find out until January 2013. Our bank deposits did not match up to our expected sales for all of our locations and we called customer support several times to send us data on all account for deposits. It was not until January of 2013 that technical support was able to confirm that they had made a mistake and proceeded to try to rekey the previously rejected 44 transactions. Of the $2221.78 that was rejected, only $638.58 was successfully recaptured. To date $1583.20 is still unaccounted for. We have contacted Harbortouch through our representative numerous times since February. They have confirmed the mistakes they made and tell us the matter is pending with upper management for the last several months. We have been waiting patiently for 9 months and we need to have our funds of $1583.20 returned to us immediately.

Desired Settlement: $1583.20 returned to us immediately. Merchant account #**********

Business Response: When the error occurred Harbortouch worked closely with the merchant to correct all funds. Merchant then verified all was accurate. A short period later the merchant inquired about another aspect which was found and corrected. The merchant agreed all was satisfied and no further issues. A few months then passed when the merchant inquired about missing funds. At that point the time frame was already exceeded and Harbortouch did all that could be done to salvage the funds, unfortunately due to the time frame and the merchant inability to provide the necessary information all funds were not recoverable. Harbortouch has done all that was requested and worked within the time restraints the merchant demonstrated. This is also evident in the fact that this complaint again arises over a year after the underlining events. Harbortouch as directed in past conversations is not going to refund the money and the merchant must accept some responsibility in the past issues. Harbortouch has already taken a large financial hit with past refunds to satisfy this merchant. Emails with past correspondences can be provided to demonstrate Harbortouch willingness and the merchants agreement that all is met. 

 

12/1/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: The business was switched over the end of June to new owners. Since then I have been billed several times and paying the company 2 payments. 1 payment for 96.00 and some change and another bill for 102.25. when I received another bill I called the company asking why I am still getting billed and was told that the system was not canceled. I told them that this was handled by the sales Rep (**** ********) the end of June.They told me that she transferred the system but did not cancel the service agreement. Due to this being no fault of mine they said that they would credit that payment and email me a cancellation form. I signed the forms & sent them back to them. They also said that they would refund us the payment of 102.25. That was on Sept. 26,2013. I have called them 4-5 time asking about my refund check and all I get is to leave a message an that they would get back to me. Received an e-mail Oct. 21,2013 telling me that the number on file is not reachable. I have called them 3 time since then leaving a number for them to call me and still have not received a call. Today (10/25/2013) I received another bill from them stating that I owe them 82.00. Calling them today, I asked to speak with a supervisor, was told that a supervisor was not available for me to speak with but that they where told that they would credit this bill. I asked about the refund check and was told that it was sent out 2 days ago.

Desired Settlement: I would like any monies that I paid them since the end of June.

Business Response: On 10/1 the customer worked with a customer service supervisor, the amounts that were outlined in this complaint have already been credited and paid back to customer. The funds archived on our system 10/2 and the customer has funds. If customer is looking for more funds, then I would need evidence of such for as it stands we are whole. 

11/20/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: On 10/16/2013 ***** ********* comes into my office to get me to sign up for HarborTouch Merchant Services. I have ***** fill out a form for me specifically asking what the Application and Setup Fee, Termination Fee, PCI Complaince Fee, and Non-Comp***** Fee are. ***** puts $0.00 for each of these. I also ask ***** what the early Termination Fee is, he says $0.00. I have ***** on security camera’s filling out the form in my office. ***** 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 ***** ********* (cell ###-###-####, work ###-###-####) and ***** ****** (Cell ###-###-####, Work ###-###-####) (*****’s assistant), neither person answers their phones so I send them an email. ***** 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 ***** ****** a copy of the form that ***** ********* 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 ***** 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 ***** ********* 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 ***** ********* 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 ***** ********* filled out to ***********. 10/25/2013 I send ***** and ***** 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 (***** and *****) responsibility. 10/28/2013 I call Harbor Touch again and talk with ******* 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 ******* a fax of the form ***** 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 ***** ********* (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 **. ***** 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.]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, 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 ***** ****** and ***** ********* and advise them to no longer lie to their new customers. 

Regards,

***** *****

11/12/2013 Problems with Product/Service
11/3/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Harbor touch is not reporting breech in credit card information and refuses to accept responsibility that they may have an issue with security. I have had 3 incidents in 5 months where clients have reported credit card fraud after running their card through card readers provided and serviced by harbor touch. One customer experienced 2 separate incidents about 3 months apart. I am the only vendor he uses the card for- to pay rent.

Desired Settlement: Federal inquiry to determine whether Harbor Touch is negligent and aware they have a inadequate security system and is choosing to ignore the problem. Given the number of cards processed through Harbor Touch, the potential losses to credit card companies is likely a large amount.

Business Response: Harbortouch is completely secure in itself and is no way reliable for consumer card breaches. Harbortouch is responsible for the flow of millions of credit card transactions a year and has not nor ever been subject to a breach. There are many forms of CC fraud, the most prominent being card skimming. Issuing bank breaches are also very common and something they merchant must consider before directing these false accusations at Harbortouch. 

10/26/2013 Problems with Product/Service
10/16/2013 Billing/Collection Issues
10/15/2013 Advertising/Sales Issues
10/12/2013 Problems with Product/Service
10/8/2013 Problems with Product/Service
10/6/2013 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: WE JUST STARTED A SMALL BUSINESS AND CONTACTED HARBOR TOUCH TO SET US UP FOR A POS SYSTEM FOR THE STORE. THEY RAN OUR CREDIT AND TOLD US THAT WE WERE APPROVED. THERE WAS NO ITEMS RECEIVED FROM THEM, NO UNITS, NO POS SYSTEM AND THEN ON THE 28TH OF AUGUST THERE WAS A $59.00 CHARGE DEBITED FROM MY ACCOUNT. I CONTACTED THEM ON THE 29TH TO ASK WHY THEY DEBITED MY ACCOUNT $59.00 THE GUY I SPOKE TO TOLD ME IT WAS AN ERROR AND THEY WOULD RETURN MY MONEY BY FRIDAY, AUG 30TH. AS OF SEPT 6 THEY STIL HAVE REFUSED TO RETURN MY MONEY. I CONTACTED THEM AGAIN TODAY, SEPT 6 AND SPOKE TO A LADY IN THE CLAIMS DEPARTMENT AND SHE INFORMED ME THAT MY MONEY WILL BE RETURNED TO ME BY NO EARLIER THAN THE 14TH OF SEPT WHICH I THINK THAT IS POOR BUSINESS IN THEIR PART BEING THAT I DID NOT AUTHORIZED BANK DEBIT. I HAVE A STRONG FEELING THAT THEY WERE HOPING FOR ME TO JUST FORGET MY MONEY AND NOT FILE A COMPLAINT AGAINST THEM.

Desired Settlement: JUST GIVE ME BACK MY MONEY AS SOON AS POSSIBLE. I WILL NEVER CONTACT THEM AGAIN FOR ANY BUSINESS.

Business Response: The customer had an open account and was billed a $59 dollar fee prematurely. The amount was disputed by the customer and the customers bank rejected the withdraw. The monies requested, were never withdrawn. The amount in question was written off on our side and the account is whole. 

10/6/2013 Billing/Collection Issues
10/6/2013 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: On August 5, Harbortouch debited $79.00 from my business bank account. I had never heard of the company, did not authorize the debit, and have had no business with Harbortouch. After calling the bank, they asked me to call Harbortouch directly. I spoke with ****** at Harbortouch. She told me that the account was with ****** Bank Card and, as I understand it, Harbortouch had taken over credit card services for ****** Bank Card. I formerly did have an account with ****** Bank Card through Pay Pro Services. I was very unhappy with ****** Bank Card right from the beginning and asked them to cancel the account in July of 2010. They claimed they could not do so, that there was a three year commitment. As a result, I sent them a letter asking that the account be cancelled as soon as the three year commitment had been fulfilled. After May 2010, I conducted no further business with them but just waited for the commitment to end. The three year commitment ended in May of 2013. I explained to ****** that the account with ****** Bank Card had been closed as of May 2013 and that I no longer have any business relationship with them and I do not have a business relationship with Harbortouch and I do not authorize either company to withdraw debits from my account. The bank reversed the $79.00 debit in late August. On Sept. 6, I received a letter from Harbortouch dated 8/27/13 stating that my account is past due by $104.00. Again, I do not have a business relationship with Harbortouch. Nor do I currently have a business relationship with ****** Bank Card.

Desired Settlement: I am asking Harbortouch to release me from any financial obligations as I do not have an account with them and my account with ****** Bank Card has ended. I also request that Harbortouch no longer contacts me.

Business Response: The account is open and will remain open until the cancellation letter that is sent from our customer service department is returned. The appropriate location and method to return stated form is outlined on the cancelation agreement. The account cannot be cancelled with out the signature of the primary account holder. Harbortouch will have a Customer Service representative reach out to assist in this cancellation. Once that form is received, the account will be closed and no further billings will occur, ending our relationship. 

9/30/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: The POS system provided by Harbortouch Systems was never used because it did not function properly. The system is not designed to hold the inventory our store has but we were assured it could. The IT department was unable to correct several computer problems. The customer service was unfriendly and unsatisfactory. I spent over 100 hours on the phone with both IT and customer service and very few of the issues where ever resolved. We requested a full refund from Harbortouch and explained we did not wish to do business with them but they have continued to deduct hundreds of dollars every month from my account for a system we have never used. All equipment has been mailed back to the *********,PA address at this time.

Desired Settlement: I am requesting a full refund for monthly charges of $128.33 from February through August ($898.31), two quarterly fees of $118 ($236), a yearly fee of $81 and a shipping fee of $50 which I never agreed to. The total refund I am requesting is $1265 which is a minimal amount for the time and stress this has caused the business.

Business Response: A large majority of the complaints that have been generated from this customer are a result of a lack of understanding of the system. Harbortouch has been and will continue to offer the necessary work and training needed to satisfy the account. The system is operational and has been operational from install. If the system is not fully configured to merchants standards nor merchant does not fully understand operational functions, that does not deem it unusable and our support staff is more than willing to accommodate the merchant to the best of our ability. The merchants requests for all fee's is unjustified, however Harbortouch is willing to offer the last 2 quarterly service fees of $118 per quarter, back to the customer. Totaling $236, along with a dedicated member of our support management team to work and rectify the account with the customer. 

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]

 Complaint: *******

I am rejecting this response because:

It's very obvious that based on this response from Harbortouch, it is someone who has zero knowledge of the incredibly mismanaged situation we have dealt with up to this point. First of all, your response says the following.... "lack of understanding of the system" and "does not fully understand operational functions."  Basically, what you are saying is that my entire staff and my business partner are all incapable of learning or understanding your system?  My staff spent countless amounts of minutes, hours, days, weeks, months with your support staff and yet we still dealt with a laundry list of issues and constant troubles from the very first day upon receiving the system.  Not to mention, with my business partner as my witness on a 3-way call with your staff, a Harbortouch employee made the following statement.... "I will be honest, this system isn't cut out to handle consignment stores and between me and you, I would look elsewhere." She then proceed to give me other phone numbers of point of sale systems that would actually suit our needs. I still have accesss to the e-mail from this employee of Harbortouch which supplied the names and phone numbers of other businesses that offer POS systems in order to backup my claim. As far as I can tell, she is about the only honest person we have dealt with at Harbortouch up to this point.  Further on that subject, my business partner, who also spent countless hours on the phone trying to fix a multitude of issues with the Harbortouch system, owns an internet marketing firm, several other companies, and is highly experienced in using POS systems. In other words, he is extremely well-versed in technology, can build computers, deals with point of sale systems in his other companies every single day such as ********, and as I mentioned, he spent an unreasonable amount of time trying to get your system functioning properly. Yet, it never did.  

$236 for the amount of time and even more importantly, the amount of mental anguish and frustration we have dealt with for an 8 month period is not acceptable.  We have never used the system and faithfully paid every single fee in the contract.  This all, again, without ever using the system. We made a few attempts to cash customers out at one point, but due to all the issues, we scrapped that idea the same day!  Further more, our wide range of problems include issues with the taxes not being properly installed when we received the system, which we promised they would be. Also, the entire system was admittedly installed incorrectly by the original technician of Harbortouch with regards to our inventory. He then proceeded to make an "on-the-fly" adjustment once we already had the system hooked up which never functioned properly. Eventually, he stopped taking our calls because he did not know how to fix the issues. These are just a few of the problems we experienced in our time with Harbortouch.  At this point, the system is so far from operable, it doesn't do us any good to contact a "dedicated member of our support management team to work and rectify the account with the customer." Unfortunately, the possibility of rectifying this situation is no longer an option. As previously mentioned, my employees and business partner, along with myself, spent an obscene amount of time trying to fix all the issues with this system. Bottom line, this system is not designed to work properly with our store! However, Harbortouch refuses to acknowledge this and wants us to continue using a nonfunctional system for my store. 

It's with great disappointment that I write this, because myself and many others essentially wasted a great deal of time, life's most valuable commodity, trying to get this system operating properly. We truly wanted to make this work and we were very excited about making the switch to the Harbortouch System.  The results were damaging to my business and my business's morale. We experienced arguments amongst employees pertaining to the Harbortouch system and trying to get it functioning correctly that had never occurred in our four and a half year history prior to the installation of the Harbortouch system. My business partner and I dealt with an incredible amount of stress running our business everyday not knowing if our inventory was being sold properly, taxed properly, or tracked properly.  This system is NOT designed for consignment stores of our size and nature and as previously mentioned, this was admitted to us by an employee of Harbortouch. Harbortouch needs to recognize this and take responsibility for their system which is clearly incompatible with certain businesses, an example being ours, *** **** ** ****** *******.  We aren't asking for anything more than the money we spent on a system we never used.  We aren't asking for the amount of money that was paid to our employees for all the hours and hours they worked on the Harbortouch system making attempts at having a functioning system. We have access to these phone records and we do not feel that spending over 100 hours trying to get a system operating properly is remotely reasonable. All we are asking for is a return of the money we paid to Harbortouch, again, for a system we never used at all despite faithfully paying our fees every month and quarter because of multiple reassurances from Harbortouch that soon we would have a functional system. That time never came.

With respect to the offer by Harbortouch of $236, we remain firm in our request of the money being returned that we paid out to Harbourtouch for a system we never used. We don't find the amount of $236 at all reasonable for what we have had to endure with regards to the Harbortouch system from a monetary, operations, and mental standpoint. We ask that Harbortouch refund us all the money we've been charged over the last 8 months for the unused system. If Harbortouch still refuses to oblige with this offer, we have no choice but to continue with the process of litigation against Harbortouch in the county of Lehigh County, Pennsylvania. This suit would be in an effort to recover the funds we paid out to Harbortouch for a system that never functioned properly from the time we received the system, a system that is not compatible with our store-needs despite Harbourtouch's claims, and for those reasons, a system that we never once had the opportunity to utilize at my place of business, *** **** ** ****** *******. 

We have already started the process of returning the unused Harbortouch system. We ask that Harbortouch return 8 months worth of monthly payments for both unusable systems in addition to all quarterly fees. 



Regards,

**** ******








Business Response: I have reviewed the account and will adjust the offer to $500. Harbortouch had fielded many calls in post installation regarding a 3rd device which we do not support and cannot be held accountable for such. We advised and at that time merchant understood. There is a note from 4/18/13 into our support team from ****, confirming they have yet to use the system as they are in need of more training. Continuos calls were made regarding customer database issues, which ultimately stemmed from misspellings and customer was advised of such. Harbortouch out of good faith agrees to refund some of the fee's that were billed as a sign of good faith, but does not feel that all fee's warrant a refund as Harbortouch has and continues to offer as much support as the customer needs. The fee's that were assessed are contractually agreed upon. The equipment was sent back without authorization and does not exclude the merchant from billable fee's or termination of the contract. On 6/11/13 the cancellation form was sent to the merchant in order to close and stop all billings, however the customer did not sign nor return. That document is a necessity and an account cannot be closed without such. 

9/28/2013 Billing/Collection Issues
9/28/2013 Problems with Product/Service
9/24/2013 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: I signed up in February 2013 for the Harbor Touch POS system. By April, I still had not received the system, and changed my mind about using it. I canceled the order. In June of 2013, I noticed a charge on my bank statement from Harbor Touch. I called them up and was informed that I would need to sign to confirm the cancellation. I never received anything to sign, but since I never had the system I assumed it was a done deal. In August of 2013, I again notice a charge from Harbor Touch. I again call them up and was told the same thing. This time the customer service rep stayed on the phone with me while the email went through. When I printed out the form, I notice they want to charge me for early termination. They informed me that their part was different than the one I had for the system. However I never received any service or product.

Desired Settlement: I would like the money taken from my account refunded, the $30 charge it cost me to stop payment refunded and to receive no further problems with this company.

Business Response: The ETF the customer references was never billed as the cancellation was not complete. The additional $138 that the customer is referencing will be refunded. Harbortouch will waive the ETF and refund the $138 to satisfy complaint. 

9/4/2013 Billing/Collection Issues
9/1/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Since our service with Harbortouch started, I've experienced at least 3 cases of malpractice. Most notably, my cafe had experienced a hardware failure on 12/7/2012. This hardware failure prohibited the credit card batch from settling that evening, a sum of ~2500 dollars. After calling Harbortouch, they had informed me that they would send new Hardware (good), but then insisted that we had to re-key in all of the credit card transactions ourself (unacceptable). It took convincing but they had eventually agreed, since the hardware failure was entirely their domain,that the credit card transactions would be settled by their department in a timely manner. In early February, my book keeper had discovered, when adjusting our books for December, that the credit cards from that day had STILL not been settled. I reached out to Harbortouch yet again, and was informed by one of the cust. service reps that the batch in question had been neglected. Harbortouch finally sent the batch on Feb. 24. This caused a number of customers to be alarmed, for their purchases from 12/7 were showing up as purchases from 2/24. When the customers challeged these charges (approximately 25 cases), Harbortouch then insisted that the time elasped between 12/7 and 2/24 was too great to succesfully win the chargeback settlement. Having not been satisfied with this answer, I asked to speak to another rep. who agreed that situation called for allowing me to contest the reversal charges in question. However, this was an exceptional amount of work for an issue that was entirely due to Harbortouch. Yet they insisted with every charge back request, that I take care of the paperwork, as well as finding the reciepts to send in. This was in addition to receiving the wrong hardware after the failure, and having to send it back after setting it all up. In another instance my sales rep., **** *** ******* had insisted in not speaking with my bookeeper any more, due to her tone and approach with him. Fees high, service unacceptabe

Desired Settlement: I request that my Time/efforts alloted by me and my bookeeper, along with the damage to our reputability regarding the mis-timing of the charges by Harbortouch,(and forcing our customers to go through the chargeback process), should be compensated by letting us out of our contract before the end of the 5 year lease. I also believe an apology is due, by Harbortouch to our customers, for taking the time to go through the chargeback process, due to a hardware failure on the part of Harbortouch.

Business Response:

Hardware failure is not a result of Harbortouch's wrong doing. Nothing Harbortouch nor any other company for that matter, could have done would prevent a system or any piece of hardware to fail. There are numerous reasons for failure, some of which can be pin pointed to operational environment. Harbortouch did all it could to satisfy the merchant, and agreed to refund the charges at no cost. Harbortouch in no way can be blamed for any sort of hardware failure and merchant may reference section 5.1 of the terms and conditions, titled Scope of Damages, paragraph 3. Regarding the chargebacks, the customer was issued a total of 3. All those fee’s were credited back to the merchant by Harbortouch as a courtesy. 

8/31/2013 Problems with Product/Service
8/21/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Recently we had our point of sale service, which includes the website portal and the point of sale system hardware, compromised with another company’s sales history and transactions. We have attached this other company’s sales history and transactions as proof that we had control and access to ALL of this company’s sales history and transactions and that time period was for at least one full business day after we contacted HarborTouch about the data compromise. We cooperated with HarborTouch technical support and agreed NOT to modify ANY of the point of sale settings or information since this would create problems for this other company. We never received ANY notification of when this problem was fixed and we did not receive ANY explanation why this happened. Our sales history and transactions had disappeared for at least one business day without any explanation. We strongly feel this type of data compromise is unacceptable and is a breach of contract. We pay high service fees that are suppose to keep our business sales history and transactions within state, federal and **** card PCI compliance laws. We understand that this type of data compromise may not happen to anyone else but in this unusual circumstance we would hope that HarborTouch will waive ANY and ALL cancelation fees. We no longer feel secure in using any of your services. For the reason of PCI compliance and/or any relevant security compliance regulated or enforced by state, federal and/or **** cards we are herby canceling both our merchant account #********** and the Service Agreement for the point of sale equipment. We are providing HarborTouch with this opportunity to honor our request before pursuing further action(s) both state, federal, **** card complaints and legal options and strongly feel we have a solid case in this matter that all entities will rule in our favor after reviewing all attached documents.

Desired Settlement: Cancel all cancellation fees and refund any monies to us which would include $2669.00

Consumer Response: This dispute has been resolved. Please close this case.
Thanks
******

8/18/2013 Advertising/Sales Issues | Read Complaint Details
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Additional Notes

Complaint: 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. 


8/18/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: 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, ‘***’s ******** & **********’. 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. 


8/13/2013 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: Ia guy from harbortouch came to me to sale a a credit card reader .he offered took my information he would be back the next day,but he never showed up so I call a different company to handle the credit card reader.well a year later I found out they have been taking money out of my account over 700 and no service.

Desired Settlement: need to contact customer if job is not going to be done also need to contact customer if money is taken out of their account not just for me, but the next customer too.

Business Response: The customer contacted Harbortouch in August of 2012 and asked to cancel account due to not doing business. We advised the customer that we will send a cancelation form and the customer would need to sign confirming ownership the cancelation agreement and return to us to process the closure. The cancelation form was generated and sent as requested. However Harbortouch never received the form back confirming the closure. Given the potential for fraud, particularly in this industry, this form is a necessity and must be returned, Harbortouch cannot confirm or agree to close the account without something in writing with owner verified information. Given that the form was not returned, the account remains open until such is received. However given that the customer stopped payments on scheduled billings, per the merchant agreement, the account was terminated by Harbortouch. The fee's the customer is asking to be refunded is over the course of the account, and is unfounded given the merchant responsibility to confirm and authorize the closure. In hopes of settling this dispute however, the customer has 171.25 in collections, due to bank rejects. Harbortouch will waive those for the settlement, however the remaining funds are again unfounded and were in fact the responsibility of the merchant. 


8/4/2013 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: On March 31 2013 I closed my business after being in business for 3++ years. I used Harbortouch for credit card processing. I was shocked to find out that they wanted to fine me $250 after being in business with them for so long. According to them in writing this $250 fine is not a penalty for terminating but rather a reasonable charge in light of the financial harm caused by early termination!!! The fact that Harbortouch can come up with a Contractual Obligation that automatically gets renewed every 3 years is completely unethical. What this means to business owners is they will always get fined no matter how long they are in business even if they DIE!!! They can not even explain to me in writing or on the phone how I caused any form of financial harm. Furthermore this company puts a price tag on their equipment that is 2-3 x more than the actual value that one can get it for on the market. One can get their machine on ******, office supplies store for anywhere from $220-$349.00. The price they put on their machine is $844.00. Also when one talks to a Harbortouch representative right now and pretends that one wants to open an account , that representative will inform you that you are receiving equipment worth $220. Call any representative and they will laugh when they learn about the value HarborTouch is putting on their equipment.

Desired Settlement: Harbortouch must stop their current unethical business practices. Contracts should not automatically renew after 3 years. Businesses should be allowed after 2-3 years to move on to other services with NO FINES. Harbortouch should be forced to refund all businesses that they fined throughout the years. This is not right, should not be legal and somebody needs to put a stop to Harbortouch and other businesses with unethical Contracts and Collection Practices.

Business Response: Harbortouch and the contract which the merchant signed agreeing too is very forth coming with regards to the early termination free involved with the initial contract and the renewal agreement. This is clearly outlined in section D6 of the customer agreement labeled "Signatures". Harbortouch has in its possession and can provide if requested, said portion of the contract, with the merchants signature agreeing to and understanding, the language and content of this specific section. Too add, the cancellation fee that was billed to the merchant had a stop payment made on the withdraw attempt by the customer, customer was never actually debited. The disputed amount currently resides in a collections state within Harbortouch, which merchant is responsible for. 


7/26/2013 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: I have been a customer of HarborTouch for years. My local Bank started doing credit card processing, so I switched to them. HarborTouch charged me a "early termination" fee on two contracts totaling $198. I agreed to a termination fee on the first 3 year contract I signed. I understand that businesses must cover costs for special deals given to entice new customers, so a early termination penalty makes sense. After my initial 3 year contract, HarborTouch 'automatically' enrolled me in a 2yr contract - that I didn't sign - it just happened. No problem there. But when I wanted to change to my back, they still wanted to charge me an early termination fee. They have this set up so that they are able to get extra money out of me - unless I was to figure out just the right window in which to cancel. Business doesn't work like that - my bank came to me and I switched. HarborTouch had no monies to recup due to special deals given after the first 3 year contract. This does not seem like good business practices to me, it just seems like a way to get a last few dollars out of you. They did reduce the fee from $500 to $198, rather easily I should say, but that isn't the point. This point is that this business practice does not seem reasonable.

Desired Settlement: Refund the $198 "Early termination fee" and chance their practices so others don't get caught in this. Again - an ETF on the initial contract is fine and makes sense. But not for subsequent automatically 're-upped' contracts.

Business Response: The merchant at time of agreement signed agreeing to the Terms and conditions. If the customer would reference section 4.2 of the Terms and conditions section, the renewal process is outlined. Essentially after the initial 3 year term, the AGREEMENT will automatically renew in one year increments, and continue until the account is terminated by the customer. 

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]

 Complaint: *******

I am rejecting this response because:


Yes, I'm sure that that's in the fine print somewhere.  (Somewhere in a document that is ridiculously large and designed to hide.)  But that's not my point.  My point is - does that make sense?  Should Client be held to such a requirement?  To require a termination fee after the initial contract has been met in full.  See my original email / letter for my reasoning behind this.  It's a lot like the banks being stopped from charging absurd fees to make more money - just because they could - until someone stepped in and stopped them.


Regards,

**** *******








7/20/2013 Problems with Product/Service
7/19/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: their sales rep failed to disclose this is a non cancellable contract, he also told me not to be concerned about the legal terms on the contract, that nobody but an attorney would understand the terminology, anyway. I declined to confirm the contract when contacted by their representative. I also returned their unit , unopened, and unused, they sent me another unit, which I denied delivery .Harbortouch insists I sign a cancellation form, which states I would be responsible for a $325.00 , or $ 35.00 per month charge for 36 months, whichever is greater. I am a 71 year old retired man, former auto body technician, auto painter. Social security is my only income. I'm hoping to be successful as a distributor , however I only have a few customers, none of which require me to process plastic payment.

Desired Settlement: terminate contact , and contract with Harbortouch.

Business Response: Harbortouch has a signed agreement from the merchant with the initials and signatures confirming the agreement and the acceptance of the terms and agreements. Whether or not the customer reviewed those terms and conditions and the application before signing is not an issue that Harbortouch is responsible for. In contracts if the terms and conditions are unsatisfactory then the agreement should not be made or approved changes are made, which I suggest customer do with future agreements. Harbortouch agrees to waive the ETF of $250, however there is still $100 in collections due to the customer rejecting before his request to cancel with our Customer Service department. That amount is currently owed and the customer is responsible for. The claim against Harbortouch clearly indicates buyers remorse, and no fault of Harbortouch.

Consumer Response:

***** ****** <********************>



 
 
 
 
Sir, I accept your response regarding i.d. # *******. Please complete the business as
required, I will mail a check to Harbortouch today,7/18/13, in the
amount of $100.00. Thank you for your help, In the future I will not
sign any contract I do not fully understand.

Consumer Response: Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and find that this resolution is satisfactory to me.

Sir, I accept your response regarding i.d. # *******. Please complete the business as
required, I will mail a check to Harbortouch today,7/18/13, in the
amount of $100.00. Thank you for your help, In the future I will not
sign any contract I do not fully understand.
  

Regards,

***** ******

7/10/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I have 2 POS Systems through Harbor Touch. One of the systems has been down for 9 days now. They guarantee 24 technical and equipment support. I have spoken to 7 different people regarding this issue at least twice a day. I have gotten the run around from the first day. I was sent a replacement box after 2 days, but it was the wrong box for the equipment I have. I was spoken to VERY RUDELY that I must have it hooked up wrong and "do you know how to plug something into the wall", I was so upset by how I was being treated that I gave the phone to my manager to take care of. He got no satisfaction either and it was finally determined 53 minutes later the wrong equipment was sent. I was told the right box would be overnighted and it would be resolved. When it didn't arrive I called and was told it was not ordered. I then spoke to supervisor ******* and was assured it would be overnighted again. It did not arrive again and I spoke to supervisor ****** and was told I would have to go to a store and buy a mouse and keyboard so they could fix it remotely. I did that and it still was not fixed. He assured me the right parts would be overnighted again. It did not arrive and I spoke to the head supervisor ******** **** who said he would be speaking to whom ever was involved with this case and call me back in a little while, in the meantime he would have the parts overnighted , this was Friday, and they would arrive on Monday. They DID NOT arrive on Monday and when I called again all I got was ********'s voicemail for 2 days with no return phone call. I then spoke to 2 more technicians and was told it would be overnighted for Tuesday delivery but this time he had a tracking number for UPS. I asked ******** to be compensated for the mouse and keyboard, my gas and travel and my time to deal with all of this since you are typically on hold for 30-50 minutes each call. I then asked that the money being charged for the POS system that I had no use for be refunded. I got a response of we can refund you for the mouse and keyboard. I am SO upset over this whole thing with this company that I am ready to hire a lawyer to get out of the contract with this company. This is not the first time I have had issues with Harbortouch concerning equipment and technical support.

Desired Settlement: I want a refund for the mouse and keyboard, my time, gas to get stuff, and for the fee on the terminal since I could not use it. We lost business because of not having the equipment to use and they did not care. I also want an apology from everyone who spoke to me as an inferior person, or flat out lied about things being shipped.

Business Response: Harbortouch advised the customer that we were going to ship a keyboard and mouse to the customer over night, however the merchant choose the option to go and purchase. Harbortouch then obtained and already credited the amount the customer paid for the equipment. 

Consumer Response: This was never offered to me. I have witnesses to all conversations with Harbortouch and this doesn't even address the complaint of not sending the right equipment when promised . I am NOT SATISFIED WITH THIS RESPONSE AT ALL!!!

Business Response: As stated previously, Harbortouch has already credited the amount for the keyboard and mouse. On 6/21 during a conversation at roughly 11am EST, the customer was given the option to either obtain a keyboard or mouse, or we will ship the appropriate equipment out at no charge. The customer without giving a decision, ended the call abruptly with a support Supervisor. The next call was into support was with customer obtaining the equipment on her own. The cost of that hardware was credited back to the merchant. The customer is asking for credits back on that hardware, which again was already done. The complaint clearly states a credit to hardware as being a form of compensation, which again, has been completed. However in addition Harbortouch will offer a $50 credit to satisfy the complaint fully. 

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]

 Complaint: *******

I am rejecting this response because:
I have witnesses as to what was said to me and the tone of their voice as all calls were on speaker phone with me and my manager present.  I spoke to at least 5 different representatives pertaining to this matter not just one as this was over a 10 day process with NO computer to use in my restaurant during that time.  They state in their contract of having 24 hour tech support with issues resolved overnight.  Ten days is not an acceptable time.  Furthermore the way I was spoken to was NOT acceptable to me or anyone else.  As I have stated already I was NEVER given the choice to have a keyboard and mouse overnighted.  I was told "If you want this resolved then go get a mouse and keyboard and then we can fix the problem".  And I then asked what if I don't drive to another state and get one then what and I was told "then we can't fix it".  I want an APPOLLOGY and a $100.00 credit for all of the trouble and not having use of the service I PAY for, for 10 days.

Regards,

***** ******








Business Response: Harbortouch agrees to credit the fee of $100 as requested by the complaint. That will be issued today and can take up to 10 business days before hitting customers DDA. 

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]

 Complaint: *******

I am rejecting this response because:
I asked for an apology for the way I and my manager was treated on the phone and for all of the trouble not having the equipment to use.  I accept the $100 just waiting for an apology.  If I treated my customers in the way I was treated I would not be in business.

Regards,

***** ******








7/9/2013 Billing/Collection Issues
6/29/2013 Problems with Product/Service
6/24/2013 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: We are a restaurant who used Harbor Touch for our credit card processing. On April 25, 2012, I emailed the necessary paperwork to cancel our account since we began using another processor several months prior. I emailed the information to ****** ********, Retention Specialist, who replied back via email that he received the cancellation notice and he would have it processed. I alerted our bank in June to not allow any more debits from our checking account from this processor who was listed as "**** **** ****" on our bank statement. Starting in July 2012 our account was still being debited but they changed the name to "****** ****" (I guess since "**** **** ****" was blocked). We discovered in February 2013 that the account was never closed and the monthly fee of $34.00 continued to be deducted along with a $25.00 returned fee. When this was discovered 2/8/ 2013, I called and eventually spoke to **** ****. I asked him why our account was still open and we were being charged since I sent the cancellation notice. He told me *** ******** was no longer with the company and my request for cancellation was never processed. I forwarded *** **** the email from *** ******** confirming receipt of my cancellation notice. I also scanned our bank statements with all the debits that came our of our account and emailed it to *** ****. Since then it's been back and forth. He was able to get an $89.00 annual compliance fee refunded to me, but he said the refund for the other charges was denied. Now I received my "third and final notice" for $123.00. When I called about this they said it was for Dec. 2012 and Jan 2013 charges that weren't paid. I have documentation for everything and would be happy to submit whatever is needed to resolve this issue.

Desired Settlement: I believe we should be refunded $482.00 for fees charged from 7/18/12 through 2/28/13 since our account should have been closed per my cancellation letter of 4/25/12. Also, I should not have to pay the bill we're now receiving for $123.00.

Business Response: Harbortouch has researched the issue presented by customer and has agreed to refund the $482 in question. This is being issued today and should be posted to customers account in 5 to 10 business days. 

6/18/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I have been calling and complaining to support staff since January. They continue to tell someone will cal me back and no one ever does. The problems never get solved no matter what they do or say. The support staff has tried to fix the problems but they have been unsuccessful. They don't know what the problem is and now twice they were supposed to have marked the situation as important and someone was supposed to get back to me shortly. It has been two weeks now since the last time I was told that and still no one has contacted me. Either they need to send someone out here to look at the system itself and try and figure out if they can fix it or they need to send me a new product. I was told a few times that I was using an older program which I question since I recently had purchased it and should have started out with the newer system. I am getting to the point now that either it gets fixed or I will get my lawyer involved because I have been paying full price that was agreed upon but for a system that does not work properly. I can not use it the way that I should be able to. I believe the program is corrupted and therefore not able to work properly and I really want the problem solved so that I can use it the way I had intended to. Right now the system does not, keep inventory correctly, drops vendors and merchandise, can not set up two for one pricing, does not shut down properly, have to sometimes reboot it to get the credit card or/and the amount due stand to work properly and sometimes when scanning a product it will not scan so we go in to put it into the system. Sometimes when we do that it will allow us to and then down the road it will show it was entered twice and sometimes it will pop up a message stating it's already in the system.

Desired Settlement: I would like the product replaced with a working unit and I would like to be taken seriously. My patients is running out and if this can not bring the problems to the people who need to fix this then I will bring in a lawyer to handle it legally.

Business Response: A supervisor from Harbortouch's POS Support department will be contacting the merchant to resolve any outstanding issues. 

Consumer Response:
Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and find that this resolution is satisfactory to me.  As long as the new equipment works as expected the issue will be resolved.

Regard and thank you,

***** *****


Customer Review(s)

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9 Customer Reviews on Harbortouch
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