Public Mediation

Vortex POS, Inc-Dispute-#4973571

H. W. vs. Vortex Pos, Inc
1800 E Fort Lowell Rd Ste 126 Pmb 200, Tucson, Arizona, 85719-2390, United States
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Vortex Pos, Inc
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Statement of Claim
Claimant says:
"The company refuses to provide manuals, e-mail alerts, mobile programs for an android phone and iPad for a video security system for our home as promised. We paid in full May of this year and over 60 days later not provided."
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Additional Communication Between Claimant and Vortex Pos, Inc Hide
  • Jun 27, 2013, Vortex POS, Inc (responding party) added:
  • LEGAL NOTICE:
    Although this forum/service used by the Claimant/Customer may be indemnified or free of any legal actions filed in response or associated with the false claims and defamation made public by the Claimant, The Claimant is advised that accusations of “Fraud” , “Harassment” and additional personal attacks and derogatory statements naming the company or individuals published by them in this forum and made public record may and will be used in evidence to support legal actions which may be initiated against the claimant in response to these actions, and the costs associated with the removal of these public records will be the responsibility of the claimant. The Claimant is advised retract these public statements/claims and refrain from any further activities of this nature. The Claimant is further advised that retraction or closing of this claim may be sufficient to prevent fore mentioned legal actions, but may not guarantee the removal of the public information and the costs of said removal will still be the responsibility of the Claimant. Failure by the Claimant to comply within 24-hours of this notice may lead to immediate filing of legal action by those damaged by the public statements of the Claimant.

  • Jun 27, 2013, Claiming party added:
  • You admitted in your e-mail that you are refusing to complete the contractual services. You did not show up or call to cancel for 2 meetings and each time you made the appointments you were to leave manuals, which never happened. You never instructed us on any set-up because you were to give up the manuals and review them with us which never happened. The one meeting was because the system failed on all devices because you did not properly assign the IP address for the app. You admitted that, and said it was your mistake. This meeting was the result of a call when we were away from home, that notified us that the alarm went off and we tried but could not bring the cameras up on neither phones, nor our iPads or my desktop when we got home to view those. The reason for the camera system is see if there are intruders. We did not cancel any appointments but informed you that one week out of eight weeks available, we would not be available because of business as a courtesy to you to schedule a mutual agreed appointment. You did not show up or call to complete the services and I feel your response is a threat instead of a resolution. I consider your message a bullying statement. We sent no scathing e-mails, and you were paid but your system failed and it was under warranty and that is why you returned to at least bring the system back on line and designate an IP address that you failed to do initially. You refuse to acknowledge the truth as written in this statement. This could easily be resolved but you continue to respond with distain instead of a spirit of resolution. I will proceed with making this claim public with followup with the proper agencies, because it is the truth and I will not be bullied because of your refusal to comply with your agreement as stated.

  • Jun 27, 2013, Vortex POS, Inc (responding party) added:
  • There will be no further responses to these claims.

  • Jun 27, 2013, Claiming party added:
  • You sent a message to us outside of this response forum that you are threatening to forward this posting to your attorney. If your response by e-mail is not through this forum do not send threatening e-mails side stepping the issue after claiming there will be no further responses to these claims. I consider this harrassment. I'm asking you to stop.
    Thank you

  • Jul 03, 2013, Vortex POS, Inc (responding party) added:
  • It is unfortunate that Mr. and Mrs. Ware feel the need to propagate false information about companies and individuals in a public forum in their attempts to extort free services or additional work and products which were never promised them. We previously posted a response to the false claims, and stated no further public response on this forum would be provided. The Wares will not communicate to resolve their complaints in any other way excluding this public forum, stating that any disagreement with them regarding the claims or pointing out their legal liability for the false information propagated is “Bullying” or “Harassment”. This behavior is indicative of the troubles our company and staff have experienced dealing directly with the Wares.
    As previously stated, each and every item of equipment and service purchased by the Wares has been provided and fully utilized by them for months. Contrary to the Ware’s claims of “Misrepresentation, fraud, Harassment, Poor customers service, failure to respond to complaint”, which claim “Company stated they would provide manuals and e-mails alerts of any potential security breeches. Company did not provide and refuses to provide. The security system company has only partially provided the services they agreed to provide.”. In fact, manuals in PDF format were provided the Wares and installed on their home office computer. As previously stated, 3 separate meetings were attended with the Wares to setup the email alerts, and at each meeting the Wares could not provide the appropriate information associated with their private email accounts, or the incorrect information. The Wares were advised any further meetings to perform this service would be charged, and they are unhappy about this. We have never advised or promised our systems would “Alert them of any potential security breeches”. It is not an alarm system, and they have an alarm system for that purpose.
    The Wares have further stated “Company did not complete the job as promised. Accepted full payment of the job over 60 days ago.” In fact, as previously stated the job was completed and the Wares have been fully utilizing the system which has continued to record, provided live viewing, and remote access providing the Wares 3rd party devices, free applications, and their communications services which they are responsible for are functioning and administrated properly by the Wares. The job provided for a hold back of a substantial amount of the payment pending completion and acceptance by the Wares and they did not pay this until the work was inspected and accepted by them. Now, to complain the “Full payment was accepted” but to suggest the work was not completed to their satisfaction is disingenuous at the least.
    Based on the Ware’s complaint details, they claim 1. Manuals were not provided and required. 2. Email alerts not setup. 3. Mobile programs for android phone and iPad for a video security system for our home as promises. Regarding #1: The Manuals were provided, but will be sent to the Wares once more with proof of delivery. Regarding #2: The Wares have been provided 3 free service calls and advised any additional calls to setup the email alerts would be billed and the manuals they have received and training given in those meetings can be used to perform this task or they must pay for additional service calls. Regarding #3: Emails can be provided publically which prove that 6 computers, iPads, and Phones were setup and functioning properly after 3 separate meetings, and after advising the Wares these services were not free under warranty and future service calls to deal with these 3rd party systems needed to be billed, they filed this complaint without any other prior communications with this company.
    When assessing the validity of the Ware’s claims, one should note that excluding issues with 3rd party free phone programs, the repeated setup of their Cell phone or iPad using those programs not provided by our company, no actual failure to provide the equipment or systems purchased or failure of those systems to continue to operate and be used were sited, and this is because all was in fact provided, operating, and continued to be used.
    The Wares have been advised that all of the systems delivered which they purchased will continue to be covered under warranty, and the only services refused them are additional services, products, or work which they have not purchased or paid for. We can prove that warranty work and preventative maintenance was provided the Wares just days prior to this complaint, and the false claims presented in this forum are in direct response to our notice to them no other work or services other than warranty related would be provided without charge.
    In addition, due to the Ware’s past false claims, rude behavior, and demands for services not purchased or promised in the transaction, we would not provide any new work or equipment they offered to pay for. In prior correspondence away from this forum, the Wares were advised of the legal liability they bare by posting false statements about the company or individuals named personally, an opportunity to remove the false statements to prevent legal actions, and pointed out the actions by them and the behavior by them when visiting their home to provide warranty service was reason for suspension of the warranty service pending a resolution. This was represented on this forum by the Wares as “Bullying” and “Harassment”.
    The Ware’s request for resolution to this complaint simply states “Make Me Happy”. That in itself goes to show the lack of substance in their claims. If they had a valid complaint it would more likely state “A specific piece of equipment does not operate and company refused to repair or replace it”, with a request to deliver a new one in order to satisfy the complaint, but no such claims are made. Every attempt has been made to make the Ware’s happy, and it is clear that aside from providing an endless stream of free services, and accepting responsibility for programs, devices, and 3rd party services which we never had agreed to be responsible for, no further actions by our company can “Make Them Happy”.
    As a result of the complaint, manuals have been sent to the Wares again, Onsite Warranty is suspended pending assurance the Wares will not be abusive to those responding to their requests, use the calls as ploys to continue seeking opportunity for additional false claims, and as advised previously any trouble or response to requests not covered under warranty will be charged. This company reserves the right and will refuse to provide additional equipment, devices, or perform any additional work or services requested by the Wares based on their actions.
    We have responded to this complaint to the best of our ability, and previously addressed and corrected any and all of the Ware’s complaints. The Ware’s continue to enjoy the equipment and work provided at more than 50% discount over any other source of these systems in their town. Prior to even completing the training with them following delivery, they had observed, recorded, and presented proof of a neighbor climbing over their backyard wall without their permission. In every instance suggested by the Wares, the systems were not working it was found they were in fact working and the only trouble was remote access to the systems caused by the 3rd party app setting or network settings on those devices or services which we do not control or provide and is the responsibility of the Wares to administrate. The Wares did not subscribe to any monthly service or maintenance of the systems, it was not offered, promised or agreed to, and not provided or charged.
    For readers of this forum, we will be happy to prove there are 100 pleased customers to a single one like the Wares whom are compelled to treat their vendors or service providers rudely and have little appreciation for all that is provided them for free or at substantially reduced prices over other providers. It is customers like the Wares, whom will cause small companies that provide great value, quality, and service, but must spend countless hours to respond to their false claims at forums like this, with the BBB, and others in order to battle the claims or go out of business. The losers, are the 99 other customers that are never heard because they have better things to do with the time they have than post false complaints.
    If there were a posting board or forum to warn other companies regarding potential customers they should refuse services to, the Wares would be on the top of the list.

  • Jul 03, 2013, Vortex POS, Inc (responding party) added:
  • It is unfortunate that Mr. and Mrs. Ware feel the need to propagate false information about companies and individuals in a public forum in their attempts to extort free services or additional work and products which were never promised them. We previously posted a response to the false claims, and stated no further public response on this forum would be provided. The Wares will not communicate to resolve their complaints in any other way excluding this public forum, stating that any disagreement with them regarding the claims or pointing out their legal liability for the false information propagated is “Bullying” or “Harassment”. This behavior is indicative of the troubles our company and staff have experienced dealing directly with the Wares.
    As previously stated, each and every item of equipment and service purchased by the Wares has been provided and fully utilized by them for months. Contrary to the Ware’s claims of “Misrepresentation, fraud, Harassment, Poor customers service, failure to respond to complaint”, which claim “Company stated they would provide manuals and e-mails alerts of any potential security breeches. Company did not provide and refuses to provide. The security system company has only partially provided the services they agreed to provide.”. In fact, manuals in PDF format were provided the Wares and installed on their home office computer. As previously stated, 3 separate meetings were attended with the Wares to setup the email alerts, and at each meeting the Wares could not provide the appropriate information associated with their private email accounts, or the incorrect information. The Wares were advised any further meetings to perform this service would be charged, and they are unhappy about this. We have never advised or promised our systems would “Alert them of any potential security breeches”. It is not an alarm system, and they have an alarm system for that purpose.
    The Wares have further stated “Company did not complete the job as promised. Accepted full payment of the job over 60 days ago.” In fact, as previously stated the job was completed and the Wares have been fully utilizing the system which has continued to record, provided live viewing, and remote access providing the Wares 3rd party devices, free applications, and their communications services which they are responsible for are functioning and administrated properly by the Wares. The job provided for a hold back of a substantial amount of the payment pending completion and acceptance by the Wares and they did not pay this until the work was inspected and accepted by them. Now, to complain the “Full payment was accepted” but to suggest the work was not completed to their satisfaction is disingenuous at the least.
    Based on the Ware’s complaint details, they claim 1. Manuals were not provided and required. 2. Email alerts not setup. 3. Mobile programs for android phone and iPad for a video security system for our home as promises. Regarding #1: The Manuals were provided, but will be sent to the Wares once more with proof of delivery. Regarding #2: The Wares have been provided 3 free service calls and advised any additional calls to setup the email alerts would be billed and the manuals they have received and training given in those meetings can be used to perform this task or they must pay for additional service calls. Regarding #3: Emails can be provided publically which prove that 6 computers, iPads, and Phones were setup and functioning properly after 3 separate meetings, and after advising the Wares these services were not free under warranty and future service calls to deal with these 3rd party systems needed to be billed, they filed this complaint without any other prior communications with this company.
    When assessing the validity of the Ware’s claims, one should note that excluding issues with 3rd party free phone programs, the repeated setup of their Cell phone or iPad using those programs not provided by our company, no actual failure to provide the equipment or systems purchased or failure of those systems to continue to operate and be used were sited, and this is because all was in fact provided, operating, and continued to be used.
    The Wares have been advised that all of the systems delivered which they purchased will continue to be covered under warranty, and the only services refused them are additional services, products, or work which they have not purchased or paid for. We can prove that warranty work and preventative maintenance was provided the Wares just days prior to this complaint, and the false claims presented in this forum are in direct response to our notice to them no other work or services other than warranty related would be provided without charge.
    In addition, due to the Ware’s past false claims, rude behavior, and demands for services not purchased or promised in the transaction, we would not provide any new work or equipment they offered to pay for. In prior correspondence away from this forum, the Wares were advised of the legal liability they bare by posting false statements about the company or individuals named personally, an opportunity to remove the false statements to prevent legal actions, and pointed out the actions by them and the behavior by them when visiting their home to provide warranty service was reason for suspension of the warranty service pending a resolution. This was represented on this forum by the Wares as “Bullying” and “Harassment”.
    The Ware’s request for resolution to this complaint simply states “Make Me Happy”. That in itself goes to show the lack of substance in their claims. If they had a valid complaint it would more likely state “A specific piece of equipment does not operate and company refused to repair or replace it”, with a request to deliver a new one in order to satisfy the complaint, but no such claims are made. Every attempt has been made to make the Ware’s happy, and it is clear that aside from providing an endless stream of free services, and accepting responsibility for programs, devices, and 3rd party services which we never had agreed to be responsible for, no further actions by our company can “Make Them Happy”.
    As a result of the complaint, manuals have been sent to the Wares again, Onsite Warranty is suspended pending assurance the Wares will not be abusive to those responding to their requests, use the calls as ploys to continue seeking opportunity for additional false claims, and as advised previously any trouble or response to requests not covered under warranty will be charged. This company reserves the right and will refuse to provide additional equipment, devices, or perform any additional work or services requested by the Wares based on their actions.
    We have responded to this complaint to the best of our ability, and previously addressed and corrected any and all of the Ware’s complaints. The Ware’s continue to enjoy the equipment and work provided at more than 50% discount over any other source of these systems in their town. Prior to even completing the training with them following delivery, they had observed, recorded, and presented proof of a neighbor climbing over their backyard wall without their permission. In every instance suggested by the Wares, the systems were not working it was found they were in fact working and the only trouble was remote access to the systems caused by the 3rd party app setting or network settings on those devices or services which we do not control or provide and is the responsibility of the Wares to administrate. The Wares did not subscribe to any monthly service or maintenance of the systems, it was not offered, promised or agreed to, and not provided or charged.
    For readers of this forum, we will be happy to prove there are 100 pleased customers to a single one like the Wares whom are compelled to treat their vendors or service providers rudely and have little appreciation for all that is provided them for free or at substantially reduced prices over other providers. It is customers like the Wares, whom will cause small companies that provide great value, quality, and service, but must spend countless hours to respond to their false claims at forums like this, with the BBB, and others in order to battle the claims or go out of business. The losers, are the 99 other customers that are never heard because they have better things to do with the time they have than post false complaints.
    If there were a posting board or forum to warn other companies regarding potential customers they should refuse services to, the Wares would be on the top of the list.

  • Jul 03, 2013, Claiming party added:
  • Repeating untrue statements over and over does not change the facts as we have already stated. We received no manuals, no e-mail alert set-ups, and one android and iPad does not show the camera surveillance at all. Everyone can see the continued threats and harrassing statements. You were paid because the system was up and then went down because of your failure to assign a designated IP address. You are correct that we paid in full but you did not complete the services as promised. You made appointments to repair/complete the work and you failed to show up and did not notify us at all each time. This is unresolved and I want it posted and unless you are willing to complete the job as promised, stop the threatening communication.

  • Jul 03, 2013, Claiming party added:
  • Repeating untrue statements over and over does not change the facts as we have already stated. We received no manuals, no e-mail alert set-ups, and one android and iPad does not show the camera surveillance at all. Everyone can see the continued threats and harrassing statements. You were paid because the system was up and then went down because of your failure to assign a designated IP address. You are correct that we paid in full but you did not complete the services as promised. You made appointments to repair/complete the work and you failed to show up and did not notify us at all each time. This is unresolved and I want it posted and unless you are willing to complete the job as promised, stop the threatening communication.

  • Jul 03, 2013, Claiming party added:
  • Repeating untrue statements over and over does not change the facts as we have already stated. We received no manuals, no e-mail alert set-ups, and one android and iPad does not show the camera surveillance at all. Everyone can see the continued threats and harrassing statements. You were paid because the system was up and then went down because of your failure to assign a designated IP address. You are correct that we paid in full but you did not complete the services as promised. You made appointments to repair/complete the work and you failed to show up and did not notify us at all each time. This is unresolved and I want it posted and unless you are willing to complete the job as promised, stop the threatening communication.

  • Jul 03, 2013, Claiming party added:
  • Repeating untrue statements over and over does not change the facts as we have already stated. We received no manuals, no e-mail alert set-ups, and one android and iPad does not show the camera surveillance at all. Everyone can see the continued threats and harrassing statements. You were paid because the system was up and then went down because of your failure to assign a designated IP address. You are correct that we paid in full but you did not complete the services as promised. You made appointments to repair/complete the work and you failed to show up and did not notify us at all each time. This is unresolved and I want it posted and unless you are willing to complete the job as promised, stop the threatening communication.

  • Jul 03, 2013, Vortex POS, Inc (responding party) added:
  • Manuals have been provided, and it appears the only way to insure no more claims it was not provided is to publically post it so Mrs. Ware and anyone else whom would like can see it and the fact it was received. This is the link which anyone including Mrs. Ware can use to download the manual http://www.vortexpos.com/downloads/hopewaresusermanual.pdf

    That fact being addressed, The Wares now clarify that out of 7 (SEVEN) computing and communications devices they have had setup, including 2 notebook computers, 2 iPad devices, 1 Desktop computer which has the admin program and manual on it, and 2 smart phones, she states “one android and iPad does not show the cameras”. This proves the problem is on those 2 devices and is not system related or related to anything we have provided or all of the other 5 devices would not be working – two of which are identical to others which are working based on Mrs. Ware’s response. Thank you Mrs. Ware for confirming this publically and good luck on your efforts to correct the phone problems on those 2 devices. As previously advised, you can use the manual you can no longer claim was not received and any problem with settings which have obviously been changed on those two devices that make only those 2 not operate are not our responsibility to correct.

    It is also clear by your statement on this forum the system is up and operating or you would have not just specified the problem with your 2 phone devices. This also confirms that regardless of your claims, you did in fact get serviced and any prior problems were corrected to make them operate. Being that the systems are working based on your own comments, please explain what justifies your continued claims you have paid for something you have not received. We were paid because we completed our job and delivered all that was purchased to your satisfaction. You have publically acknowledged in this forum used to post a complaint that systems delivered are working, you have the manual, and since we are not responsible for monitoring or controlling what you do with your 3rd party phones that are not working and were not provided by us, by what reason would we be responsible for your problems?

    We have addressed what you insist are “Bullying”, “Harassing” and now “Threatening” communications. It is clear that none of these have occurred to anyone that reads your public posts, and it is even more clear that you have taken it upon yourself to publically slander, defame, and make false accusations against the company and individuals by name in your posting. It is clear by your own comments as noted that you have had no just cause to carry out these actions.

    If you would like to continue with this public dialogue, you will be liable for any outcome. That is not a “Threat” or “Bullying”, or “Harassment”, it is simply the facts in which you were warned about, and given opportunity to discontinue perpetrating those acts before suffering the consequences.

    To the public: This is a classic example of what is driving your costs for services and products up, up, and up. Small businesses need to spend countless hours defending themselves against the false statements and claims of people like the Wares. Ultimately, as Mrs. Ware has done, they will in the process reveal the true nature of the claims a frivolous and contrived. The problem is the damage is done, often times without putting a name on the claim so legal actions can be taken to correct the damage. In Mrs. Ware’s case, she has put her name on it and can be held accountable. In most instances, not all, those posting complaints on boards and forums like this do so because they do not have a legitimate claim or action against the service or product provider. These forums give them a place where they can make false claims, damage the other party, and do so without having to prove the claims or be accountable for the false claims and damage as a result.

    People like the Wares, are often those that have been given the most for the least and still demand more. They continue to demand what they were not promised and make cases for receiving what they have not paid for, and when they are finally told no, this is the result.

    The Wares may not consider this claim closed, but we do……………

What Claimant Wants Hide
Just make me happy!
Claimant invites Vortex POS, Inc to make a fair offer to resolve this complaint.
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • "These are false claims of “misrepresentations, fraud, harassment, poor customer service, or failure to respond to any of the complainants requests”.

    Manuals were provided and 3 meetings attended with the customer to setup alerts and on each occasions they could not provide the email information for the alerts or the passwords required for the services they subscribe to were not correct or available to complete the setup at the times and dates they insisted it be performed. The Customer was instructed how complete setup themselves following the instruction manuals provided, or would need to pay for any further visits.

    Since installation of the system, it has been fully utilized without failure, warranty service provided, and the company has provided free follow up visits to deal with communications issues with customer phones, computers, home network the company is not responsible for.

    It is the customer whom cancelled meetings or insisted that meetings needed to be attended at times which were in conflict with other scheduled work. The customer has insisted that all calls and enquiries by them be handled as an emergency response, regardless of the fact that no such response was promised them.

    All services and equipment purchased was provided, and all is operating as represented and as promised. The Customer paid all amounts do on completion and acceptance of work and if the work was not completed, the payment would have surely been withheld by this customer.

    The only “Scathing” emails sent are those sent by the Customer filled with false claims and unreasonable demands by customer that were responded to.

    The company has responded to repeated service calls demanding the setup of phone applications, computers, and other 3rd party communications devices not provided by this company. All which are due to the customer’s failure to take responsibility for the communications systems setup on 3rd party free applications and their own Internet and phone services as agreed in their purchase agreement.

    After being advised no further unpaid services or work other than required under warranty would be provided without being billed at standard service rates, the customer The is filing this claim in an attempt to extort additional non paid services.

    No other responses to these or other online complaints by this customer will be provided. Legal options are available to both parties if warranted.

    LEGAL NOTICE:
    Although this forum/service used by the Claimant/Customer may be indemnified or free of any legal actions filed in response or associated with the false claims and defamation made public by the Claimant, The Claimant is advised that accusations of “Fraud” , “Harassment” and additional personal attacks and derogatory statements naming the company or individuals published by them in this forum and made public record may and will be used in evidence to support legal actions which may be initiated against the claimant in response to these actions, and the costs associated with the removal of these public records will be the responsibility of the claimant. The Claimant is advised retract these public statements/claims and refrain from any further activities of this nature. The Claimant is further advised that retraction or closing of this claim may be sufficient to prevent fore mentioned legal actions, but may not guarantee the removal of the public information and the costs of said removal will still be the responsibility of the Claimant. Failure by the Claimant to comply within 24-hours of this notice may lead to immediate filing of legal action by those damaged by the public statements of the Claimant.
    "

This claim will remain posted until resolved.

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  • Comment: by Tambra Lytle — Online mediator
  • On: 08-28-2013
  • I've done business with this company. Never Again! I've been through the same run around as this claimant. AVOID THIS COMPANY AT ALL COSTS!!!
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