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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
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Experience:  Experienced Licensed Attorney
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I signed a contract with a client service company to handle

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I signed a contract with a client service company to handle our credit card transactions. If they have not provided me with the equipment necessary to process the transactions, can I cancel the contract without penalty?
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Did you sign a contract with this credit card processing company?

Does the contract state that there would be penalties for the cancellation?
Customer: replied 3 years ago.

yes I signed the contract on the representative's i-pad. On the contract I signed there was a box that stated that the "start up fees" of $798 had been waived however in small print in the middle of the contract it states that start up fees need to be paid if I cancel on the lease within 60 months. This was signed with a facisimile signature where he transferred the original signature to the page.


 


After attempting to cancel the next day, I have received emails and a threatening call from the representative stating that "he will sue me" if I cancel the contract and fail to pay the start up fees and cancellation fees. Thank you.

Dear XXXXX,

Thank you for your follow up.

Unfortunately, a contract that is signed by you on the I pad would be legally binding, even if it had the cancellation fee terms in smaller print.

Unfortunately, if you did sign this agreement, it would be considered legally binding and enforceable and the credit card processing company can proceed with collection of this $798, unless you are able to negotiate an amicable resolution of this company or unless you have a legal reason to rescind this contract, such as if it was procured by fraud, duress, or a material misrepresentation.

I wish you the best of luck and please let me know if you have any related follow up questions for me.
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