A credit card payment processing company agent approached my business and offered to try out their service for free for a month as a trial. However, I decided not to use it after this one month trial, and request to cancel. Now they have already charged $840 as cancellation fee and PoS deprecation fee. Since there was no contract, I don't agree to pay these fees. Do I really have to pay them?
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It sounds steep, to be sure, but what did your contract say?– Pat W. ♦Dec 6, 2015 at 13:52
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@PatW. There was no written contract. Verbally they promised free trial(no early termination fee was mentioned).– user3658Dec 6, 2015 at 18:20
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1I'd be shocked if there's not an agreement somewhere...processing firms generally don't dole out services on the strength of a conversation.– Pat W. ♦Dec 6, 2015 at 18:28
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1 Answer
A contract need not be written to be valid and enforceable. However, if there is no written contract, then in a dispute the burden of proving (via a preponderance of evidence) a contractual obligation falls on the party asserting it. In the scenario you describe it sounds like that would be impossible for the processing company.
