2/8/12 Update:
WorldPay Sucks Much Less. A corporate customer service rep called me after finding this blog post, agreed I was treated unfairly, apologized, insisted this is not how WorldPay likes to do business, and credited me back my early termination fee. Woo-hoo! Thanks interwebs…

Original Post:
I learned a valuable lesson recently I wanted to share with you: Have a lawyer review EVERY contract you go into.

You see, Steve Agid of WorldPay managed to rope me into a 3-year contract without my knowledge. If I had just called my lawyers and had a full copy of the contract for them to review (he never offered me a copy), I could have prevented this unfortunate situation.

We met in person, and he sketched out on a yellow notepad the “details” of the WorldPay agreement. After later informing him that I was surprised and dismayed to learn of the 3-year contract, he swore that he always writes down and circles the length/term of the contract to prevent any misunderstandings (like “this”). Well, he simply didn’t write it down that day (picture attached). When I showed him these notepad scribbles (I keep everything) he chose to ignore my email.

He was previously made aware via email that my alternative credit processor was PayPal, which is a month-to-month service, and he was aware that my business venture was experimental in nature, therefore I never would have agreed to a 3-year term had I known that was his game. I definitely wouldn’t have agreed to a 3-year term with a 90-day notice to opt-out. The papers he drew up for me and had me sign did not mention a term anywhere, so I was lulled into thinking I was safely in a month-to-month contract. This was not the case. My lawyer later pointed out in retrospect that, by signing, I had “agreed” to the small print “terms and conditions”, which references another set of papers that were never presented to me in person, which contained the language about the 3-year contract & 90-day opt out. When I called in to cancel my “monthly” service I was told there would be a $450 fee for cancelling. This situation will cost me over $600 to get out of.

I should also have been cautious when he used subtle pressure tactics to get me to sign up for the service before I was ready to switch. Saying things over email like: “I waived your startup fees for July but it will be much harder to waive them in August”, etc. I trusted him because he was highly referred in BNI, and I understand the pressure of commission sales, but these should have been warning signs.

Whether this was a one-time guffaw or whether he does this on a serial basis I do not know, all I know is that he took my money happily and didn’t care whether I was a happy customer. The service did not adequately meet my needs so I opted to cancel, at which point I learned of the staggering opt-out fee and term length. I gave him a chance to explain, apologize and rectify the situation and he took the low road, accusing me not only of having a poor memory but then proceeded to totally fabricate a conversation which had me knowingly agreeing to the contract despite the risks I had been “informed” of.

This is just bad, short-term, profit-motive business at its worst.

Please consider taking your business elsewhere. At the least, please always use a lawyer and caution when entering any contracts based on someone’s pressure tactics and lack of professionalism in disclosing the entire contract and terms. Sadly, I would not be joining any group where Steve Agid nor WorldPay does business.

Sincerely,
Christina McKinstry

Yellow pad attached

7/27/11
“Hi Christina

Any progress on the voided check or bank letter and a business license of any kind? I waived the two start-up fees ($125) for July. It will be harder for me to waive both ($50 and $75) in August. I need only to have all my paperwork submitted by tomorrow afternoon to get it secured.

Let me know
Steve Agid”

12/1/11
“Hi Steve, I attempted to close my account today but they told me I was on a 3-year contract with a $450 early termination fee. Is this true? If so, why wasn’t this disclosed to me up front? I never would have agreed to a 3-year contract.”

“Christina, you asked me about this when we met at the Sterling Branch. I always make a point of it just so as to avoid this kind of misunderstanding. I usually write it on a yellow pad and would have given it to you.

Most of the times when someone cancels early they say I never told them, even when I have circled it in front of them.

Steve Agid
Account Executive | San Francisco, CA | WorldPay”