Julia Patrycha, an agent of Imperial Merchant Services, brokered Pivotal Payment to my business in February. I was given and asked to complete a 3-page application form.in our meeting, we have discussed that the transaction will not involve any contract (or terms of contract). We discussed that the use of Pivotal Payment is a month-to-month service. More importantly, we discussed that no termination fee will be involved in the event that I discontinue using the service.
I stopped using Pivotal Payment in October when I switched to another merchant service provider confident that I don't have a contract with Pivotal Payment. On November Kystal, from the Red Payment contacted me and indicated that I have a 3 year contract with Pivotal Payment and a termination fee of $3,000 plus. I demanded for a copy of the contract. I received 2 sets of documents, the 3 page application form I signed that did not indicate any contract or termination fee and a set of terms and conditions that I have never seen before and does not have an initial or signature on all of its pages. On first week of January, I was debited $189.80 from my account, I called Red Payment and Kystal said that it is for PCI compliance and annual fee. I indicated to her that we discussed the termination of the contract in December. I requested to be refunded and her response was only if we come back using Pivotal Payment Services. Once again, I insisted on having no knowledge of the contract and termination fee. I gave Kystal the information of Julia Patrycha and to reach out to her to clarify this matter as I have spoken to her on the phone that week and confirmed thru our conversation that I have no contract with Pivotal Payment (I even have it recorded!!!). I thought things will be resolved then. To my astonishment, my account was debited a termination fee of $1935.93 without any notification of their action. Once again, I contacted Red Payment on January 28 and spoke to Valerie Mayo who once again insisted and provided me with a contract that I have never seen before. I have in my possession a copy of the documents that I have been presented and I have signed. I can attest that I have never seen before the Terms and Conditions. Nor was it presented and discussed during our meeting. It is important to note that none of my initials or signature appeared on any of the pages. An important documentary indication that I have neither seen, reviewed and/or agreed to the contents of the terms and conditions. I was clearly blindsided entering into this business transaction with Julia Patrycha as a representative of Pivotal Payment. As a business owner, I pride in giving honest service to my customers. As well, I pride in maintaining healthy relationships with my vendors. Without a doubt, this was not the case with Imperial Merchant Services, Red Payment and/or Pivotal Payment.
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