The contract/application they have you sign which is loaded with fees gives you the feeling that you are being presented all fees. Beware, they sneakily try to reference a merchant agreement which is nothing more than a secondary non-fixed HTML/PDF document. Hidden away in there is a $295 termination fee that they will charge you no matter how long you stay in business with them. Had this been presented to me in a clear manner, I would NEVER have signed up for their services hence this is a DEAL BREAKING SECONDARY TERM ON A STANDARD CONTRACT and therefore is not an enforcable term in my legal layman opiniion based on research I have done on contract law.
In addition, hiding contract terms in a modifiable HTML document online allows Merchant to change the terms any time they want as there is nothing with your signature locking in the terms so they can play games with the terms on that document.
Innovative claims in the many BBB complaints against them that the termination fee is clearly highlighted in blue so it should stand out. Really? Last I checked it is NOT blue which further proves my claim that they modify this document hence making the contract terms fluid and in THEIR CONTROL! This doesn't sound all that legal and enforceable either!
In addition, to keep my business, they agreed verbally to waive annual fees and termination fees. They will say anything to keep your business but then will deny committing to the verbal contract and still try to charge you a termination fee so get it in writing as they are NOT trustworthy!
Shop around, their rates seem very high and everyone is desparate for business so do NOT agree to all of these overzealous fees and again, get EVERYTHING IN WRITING.
For those of you already screwed by them, stay in touch here to see if we can band together and file a suit.
This smells like class action opportunity and an opportunity for auditors to see if there is a precise log of every single change of the "merchant agreement website" being stored.
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