Comment by wheels | Hacker News Reader

Comment by wheels | Hacker News Reader

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This is pasted from the terms we were sent in October:

IF YOU TERMINATE THE AGREEMENT WITHIN THE FIRST 3 YEARS FOLLOWING THE DATE OF YOUR EXECUTION OF THIS AGREEMENT (THE “PAYBACK PERIOD), YOU AGREE TO PAY DE-CONVERSION FEES OF (I) TWO HUNDRED FIFTY DOLLARS ($250.00) FOR EACH MERCHANT LOCATION and (II) AN AMOUNT EQUAL TO THE STORED VALUE TRANSACTION FEES INCURRED BY YOU DURING THE CALENDAR MONTH IMMEDIATELY PRECEDING TERMINATION, MULTIPLIED BY THE NUMBER OF MONTHS REMAINING IN THE PAYBACK PERIOD. IN THE EVENT THE PAYMENT OF SUCH DE-CONVERSION FEES IS LIMITED BY APPLICABLE LAW, THE AMOUNT PAYABLE TO US PURSUANT TO THIS SECTION SHALL BE LIMITED TO THE MAXIMUM AMOUNT PERMITTED UNDER APPLICABLE LAW. SUCH AMOUNTS WILL BE FUNDED, TO THE EXTENT POSSIBLE, ACCORDING TO THE SAME METHODS FOR COLLECTING AMOUNTS DUE UNDER THIS AGREEMENT. We reserve the right to place you or any person owning or controlling your business in the MATCH file (Member Alert to Control High-Risk Merchants) maintained by Visa and MasterCard in the event this Agreement is terminated for cause.

That's language that one of our sponsoring banks unfortunately has not yet removed from the agreement. It's boilerplate language that is optional for us to enforce. Regardless, we're working with them to get it removed because we maintain that merchants can cancel their services at any time without a termination fee, and that language is clearly inconsistent.

Since that language is in there, we have always provided an addendum to the agreement that provides assurance to merchants that they can cancel whenever they want without having any termination fees. The addendum is located right next to application and is completed with every new customer that signs up. It states the following:

"WHEREAS, Braintree wishes to assure Merchant that Merchant will not have to pay any termination fees for the Merchant Agreement with Braintree or any of the processors used by Braintree; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Merchant may terminate the Merchant Agreement with Braintree, and any processor utilized by Braintree. If Merchant exercises this termination right then Merchant shall not have to pay any termination fees."

We have never had contracts and have never charged a termination fee.

That definitely looks like an attempt to bind you to them for a period of three years with a termination fee of 250 usd + the remaining monthly fee's due immediately. More importantly, because they wrote it in all capital letters they are super serious and extra aware about this clause ;)

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