Wayne McFarland
Milbank,#2UPDATE Employee
Fri, March 16, 2012
I am Wayne McFarland, CEO of Link It. I felt it appropriate to respond personally to the complaint filed by Cobra Digital, as the complainant mentions me directly, as well as our company.
We have been in business 16 years, and to our knowledge this is the only complaint of its kind which has been filed by any of our customers. We accept credit cards for our software and services products, and our firm has less than a one half of one percent charge back record, which is to say that 99.5% plus of our credit card payments are not disputed by customers for any reason. Our credit card processing company, whom we have been with for many years, tells us that our firm is in the top rated tier of their customers nationally due to the almost total lack of charge back requests. Payments rendered to us via credit card are often substantial, as much as six figures.
As stated in their complaint, Cobra Digital has asked American Express for a charge back on 3 separate occasions, and we understand, has asked them for a charge back a 4th time. When a charge back is requested, American Express, as do other credit card firms, reviews signed agreements and other written documents to determine whether a charge back is warranted. On 3 separate occasions American Express has determined, after reviewing all documents, that Cobra Digital is not due a refund. We provided American Express the same written documents on each occasion; the documents consisting of agreements and payment terms signed by Cobra Digital. To say that our firm gave American Express incorrect and misleading information when the information provided to American Express on each occasion consisted of the same agreements and payment terms originally signed by Cobra Digital is ingenuous at best.
Cobra Digitals representation of the IPAD bonus is simply untrue. The original promotion clearly stated that an IPAD would be provided as a bonus for a 250 hour service contract, if said contract was signed within a designated time frame. Cobra Digital not only did not sign an Agreement within the designated promotion time frame, but ultimately opted to only commit to 130 hours of service, less than half of the requirement to receive a free IPAD. The fact that the reduced Agreement did not qualify under the IPAD promotion was disclosed in writing to Cobra Digital in two separate occasions prior to their signing the smaller service agreement and verbally on multiple occasions by our firms
staff.
The agreement signed by Cobra Digital clearly states that the payment in question is non-refundable; this is due to the substantial set up and co-ordination work required to institute our call center divisions service agreements (we have other divisions in our firm in addition to our technology marketing call center). While I realize various points of view exist on every dispute, we feel that the proper and ethicalmanner in which we run our company has been verified by the fact that American Express, after multiple reviews of the written documentation, has determined that a refund to Cobra Digital is not warranted. We do regret that this situation has taken place.