In Need of Merchant Processing? Watch Out for These Three Deceptive Practices

Let’s be real: you don’t care about merchant processing.

What I mean is that you don’t care how credit card information travels from your POS terminal to the banks and back. You don’t care about what the credit card companies are doing, or about the latest regulations they put in place – unless they directly affect you.

That’s totally understandable. You’re an entrepreneur after all, not a credit card guru. Still, I’m sure you don’t want to let merchant processors take advantage of your lack of knowledge by overcharging you…

Regardless of how little you know about the industry, it’s still your duty to secure the cheapest and leanest deal for your business possible. If you stay away from these three common pitfalls, you’ll be accepting credit cards at your place of business without overpaying to do so.

 

“All You Pay for Is Leasing”

What They Tell You: Your merchant processing is free! All you have to pay for is the lease on your terminal.

The Truth: At first, this sounds like a steal. No processing fees to pay? Just a lease on a small little machine? How bad can that be?

Turns out, it’s pretty costly. You could pay up to $300 a month just to station an EMV terminal inside your business. That’s $3,600 a year! At that rate, you’d be better off just committing to a standard processing plan and paying any fees associated with it.

In fact, a lot of payment processors offer terminals at discounted flat rates – or even for free. For instance, we throw in a free EMV terminal almost every time a merchant signs up for processing with us.

 

“We’ll Never Blindside You with Unreasonable Fees”

What They Tell You: With us, you won’t get roped into any ridiculous commitments.

The Truth: Read your contract! In fact, have your lawyer sign off on it before you sign anything.

Here’s why. Most processors will charge you an early termination fee (ETF) if you want to get out of your contract before it expires. They might initially imply this to be a flat fee — maybe something like $500 — which isn’t a high price to pay to switch processors. But some processors will charge you that flat rate and a remaining month multiplier rate. So if you want to leave your contract with 2 years (24 months) left, you might actually have to pay $500 multiplied by those remaining 24 months, which comes out to an outrageous $12,000 total!

Make sure you trust your processor, read through your contract multiple times seek legal counsel, and clarify any confusing contractual terms before you put pen to paper.


“Our Proprietary Technology Does Everything You Ask of It”

What They Tell You: For one low rate, we’ll give you access to our powerful proprietary technology — the only systems your business will ever need.

The Truth: Whether it’s a flashy new POS system or all-in-one CRM/processing hardware/software, payment processors love to flaunt their proprietary technology. It’s a smart ploy that often puts them ahead of other processors in the eyes of potential merchants.

Be careful, though. A lot of processors sell you their basic technology package, but that package might not include all the features your business needs. Instead, those features become available as expensive upsells. Want to run a loyalty program straight from your POS system? That’s an extra $10/month. What if you want to send an automated marketing campaign to your customers via email? That’s another $15/month on top of what you’re already paying.

It gets worse. Say you decide that you’d rather switch processors. Some processors will make it impossible to migrate your data (contacts, reward points, etc) over to a new POS system; this means you’ll have to input everything manually or restart your loyalty program from scratch, which won’t sit well with your existing customers.

When negotiating with payment processors, make sure they quote you at an honest price. Do your homework and find a way to back up your data in case you decide to change systems and/or providers.

 

 

There’s a silver lining in all this – we took all these concerns to heart when creating our own merchant processing programs. Our tailored programs are favorites among merchants in retail, eCommerce, B2B, and more. Click here to submit your merchant statement for free, and discover how much you stand to save with Quantum.

 

 

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Effective Date: January 1, 2024

1. Scope

1.1. This Agreement applies to and governs Merchant’s access to and use of the Services, Hardware, and Professional Services ordered by Merchant under a Free Hardware and Software Order. The Services may include, but may not be limited to, (a) mobile and web applications for use by Merchant’s Employees and Customers to place orders and process Payments; (b) Point-of-sale hardware for use by Merchant’s Employees and Customers to place orders and process Payments; (c) processing of Payments and facilitating payment of Net Sales Proceeds to Merchant’s Bank Account; (d) providing Merchant with certain reporting on its sales and activities; and (e) working with Merchant with respect to any Customer inquiries related to Payments or placing orders, in each case under Merchant’s account with Quantum Electronic Payments.

2. Merchant Processing Agreement Requirement

2.1. Agreement. The merchant agrees to enter into a Merchant Processing Agreement with Quantum Electronic Payments LLC for a minimum of either 12 months or 24 months as defined by Section 2.2 and Section 2.3.

2.2. Free Smart Terminal Term. Merchants who Order a free Smart Terminal agree to enter into a Merchant Processing Agreement with Quantum Electronic Payments LLC for a minimum of 12-months.

2.3. Free Point-of-sale Station Term. Merchants who Order a free Point-of-sale station agree to enter into a Merchant Processing Agreement with Quantum Electronic Payments LLC for a minimum of 24-months.

2.4. Eligibility. The merchant is not eligible to receive free hardware or software until they have signed a Merchant Processing Agreement with Quantum Electronic Payments LLC.

3. Product List Requirement

3.1. Merchants subscribing to point-of-sale software agree to submit an accurate, up-to-date product list (i.e. menu) containing all product information, modifiers, and pricing to Quantum Electronic Payments LLC.

3.2. The merchant is not eligible to receive free hardware or software until they submit an accurate, up-to-date product list (i.e. menu) containing all product information, modifiers, and pricing to Quantum Electronic Payments LLC.

4. Hardware Ownership

4.1. Eligibility Requirements. The merchant takes ownership of hardware Ordered by the merchant after completion of the eligibility requirements as defined by Section 2.4 and Section 3.2. The specific hardware provided is subject to availability and may change at Quantum Electronic Payments LLC’s discretion.

5. Taxes and Shipping

5.1. Taxes. The Merchant agrees to pay the applicable taxes for the full retail value of all hardware Ordered by the Merchant.

5.2. Shipping. The Merchant agrees to pay the shipping costs of the hardware ordered by the Merchant.

6. Term and Termination

6.1. Merchant Processing Agreement Termination by Merchant. The merchant may terminate their Merchant Processing Agreement (Section 2) with Quantum Electronic Payments LLC at any time.

6.2. Termination by Quantum Electronic Payments LLC. The Merchant Processing Agreement (Section 2) may be terminated by Quantum Electronic Payments LLC at any time and at the sole discretion of Quantum Electronic Payments LLC.

6.3. Early Termination and Hardware Return. If the Merchant Processing Agreement is terminated by the Merchant or by Quantum Electronic Payments LLC prior to completion of the required term as defined by Section 2.2 and Section 2.3, the Merchant is required to pay Quantum the full retail value of the free hardware Ordered by the Merchant; OR the Merchant may choose to return all hardware to Quantum Electronic Payments LLC within 30 days of termination in lieu of paying the full retail value of the free hardware Ordered by the Merchant.

6.4. Full Retail Value. The full retail value of the hardware Ordered by the merchant is defined by the list price displayed when the merchant places their Order.

7. Payment Processing Monthly Minimum

7.1. Merchants receiving free hardware or software agree to a monthly processing minimum as defined by the individual Merchant Processing Agreement entered into by the Merchant.

8. General Provisions

8.1. Governing Law and Jurisdiction. The Parties intend that this Agreement be construed and enforced in accordance with the laws of the State of California without regard to any conflict-of-law or choice-of-law rules, and that the rule of construction that provides that a document is construed against the maker thereof be inapplicable in the construction of any of the terms of this Agreement. The Uniform Computer Information Transactions Act, and the United Nations Convention on the International Sale of Goods, shall not apply to this Agreement.

8.2. Dispute Resolution. Any dispute, claim, or controversy arising out of or relating in any way to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, or in connection with Merchant’s use of the Services or our websites, shall be determined through confidential binding arbitration before one arbitrator. The confidential binding arbitration shall be administered by AAA pursuant to its Commercial Arbitration Rules, and the parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing. Judgment on the award may be entered in any court having jurisdiction. Notwithstanding the foregoing, this Agreement shall not preclude either party from pursuing a court action in the state or federal courts for the sole purpose of obtaining a temporary restraining order or preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Agreement. In any event, any action or proceeding by Merchant against Quantum Electronic Payments LLC relating to any dispute must commence within one year after the cause of action accrues.

8.3. Prohibition of Class and Representative Actions and Non-Individualized Relief. Except where prohibited by Applicable Law and Rules, Merchant and Quantum Electronic Payments LLC agree that each may bring claims against the other only on an individual basis and not as plaintiff or class member in any purported class or representative action or proceeding. Unless both Merchant and Quantum Electronic Payments LLC agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).

8.4. Pre-Arbitration Dispute Resolution. Quantum Electronic Payments LLC is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly and to the participant’s satisfaction by contacting Quantum Electronic Payments LLC’s support team. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute (the “Notice of Dispute”). The Notice of Dispute must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Quantum Electronic Payments LLC and Merchant do not resolve the claim or dispute, despite good faith attempts, within sixty (60) calendar days after the Notice of Dispute is received, Merchant or Quantum Electronic Payments LLC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by either party shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which the parties are entitled.

8.5. No Waiver. The failure of either party to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing; and any waiver with respect to a specific circumstance will not constitute a waiver of the same provision or any other provision of this Agreement for any subsequent circumstance unless expressly provided by such written agreement, except that Quantum Electronic Payments LLC may modify this Agreement to comply with, and as a result of, amendments to Applicable Laws and Rules. The Section headings are provided merely for convenience and will not be given any legal import in the interpretation or enforcement of this Agreement. No joint venture, partnership, employment, or agency relationship exists between Quantum Electronic Payments LLC and Merchant as a result of this Agreement or use of the Services.

8.6. Entire Agreement. This Agreement, together with all exhibits, attachments, and addenda incorporated by reference herein and in any Orders and/or Quantum Electronic Payments LLC Master Services Agreement, represent the parties’ entire understanding relating to the Services and the subject matter hereof and thereof, and supersede any prior or contemporaneous, conflicting, or additional communications, whether written or verbal, and will control over any different or additional terms of any non-Quantum Electronic Payments LLC ordering document, and no terms included in any such purchase order or other non-Quantum Electronic Payments LLC ordering document will apply to the Services or Hardware. This Agreement may be amended only by written agreement signed by the parties, except (i) that Quantum Electronic Payments LLC may update this Merchant Agreement via a general notice to its customer base by providing reasonable notice and having Merchant check a box agreeing to such updated Merchant Agreement. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, if the essential terms and conditions of this Agreement for each party remain valid, binding, and enforceable, then such provision(s) will be deemed to be restated and construed to reflect the original intentions of the parties in accordance with Applicable Law and Rules with respect to the invalid or unenforceable provision(s), and with all other provisions of this Agreement remaining in full force and effect.

8.7. Assignment. Merchant may not assign this Agreement without the prior written approval of Quantum Electronic Payments LLC, such approval not to be unreasonably withheld or delayed.

8.8. Electronic Signature. Signatures transmitted and received electronically, such as through transmission of a scanned or faxed document, or via secure email or a service such as AdobeSign or a process that otherwise requires typing your name and acknowledging it as an electronic signature, or electronically indicating assent, acknowledgement or acceptance of an agreement, document or other writing, are true and valid signatures for all purposes hereunder and shall bind the parties to the same extent as that of a live signature on paper. Any transactions or services resulting from the Merchant’s instructions which Quantum Electronic Payments LLC receives in the Merchant’s name or under the Merchant’s credentials, including any electronic signature, shall be deemed to have been “a writing” and authenticated by the Merchant “in writing” for purposes of any law in which a writing or written signature is needed or required. All electronic signatures and records maintained by Quantum Electronic Payments LLC of transactions under the Merchant’s or its authorized users’ credentials shall be deemed to have been “signed” and will further constitute an “original” when printed from records established and maintained by Quantum Electronic Payments LLC or its agent in the normal course of business. The Merchant agrees not to contest the authorization for, or validity or enforceability of, Quantum Electronic Payments LLC’s electronic records and documents, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files or records are to be in writing or signed by the party to be bound thereby. Records and “signed” documents, if introduced as evidence on paper in any judicial or other proceedings, will be admissible to the same extent and under the same conditions as other documentary business records.

8.9. Representatives. Each party shall be primarily responsible for each of its respective Representatives’ compliance with this Agreement.