I signed with (then RBS) Worldpay in December. I understood my contract to be for three years, and the salesman and the contract (read sections 10.1 and 10.3 of the standard contract) said that if I terminated early, I would pay a $195 termination fee. Fair enough.
Although I got rock-bottom rates, I also got rock-bottom service. I could never get anyone on the phone to ask for additional products and services, such as mobile swipes and recurring billing capabilities. Frustrated, I signed with another firm last month, even though they were a touch more expensive.
I called Worldpay to cancel, and they said I simply could not cancel. As one woman there put it, "We are not actively cancelling contracts now." That isn't what the contract said, I responded. No luck, but here is what the contract says:
Section 10.1 "... This Agreement shall continue in effect for a period of three years after the date on which Customer's first draft is presented to the Bank... Such term shall automatically renew for successive one year periods at the end of the original and each renewal term, unless either (i) Customer elects to terminate early by giving written notice of non-renewal to RBSW and Bank at least 90 days before the expiration of the then current term..."
Section 10.3 "Should Customer terminate this Agreement without cause prior to the end of of any term hereof, Customer shall pay to RBSW, an early termination fee as stated in the Misc. Fees section." That fee is $195.00 according to my contract.
No reasonable person could interpret this contract to mean that cancellation is simply not possible. I may have to close the bank account to avoid future charges. I'll complain to BBB and my state consumer affairs department. If there's a class action lawyer looking for a suit, you may want to try Worldpay. I am apparently not alone.
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