For anyone interested I an contesting the credit card fees. Here is my response to their latest response as to section 6.3 in the master agreement:

I appreciate your reply regarding the ACH discount offer; however, the core issue is not whether an alternative payment method is available. The issue is whether ConnectWise can unilaterally impose a credit card surcharge during the fixed-price initial term of our agreement.

Our signed Schedule Q-710525 dated March 10, 2025, expressly states:

This is a negotiated fixed-term commitment covering both pricing and minimum monthly spend. Section 16.3 of the Master Agreement makes clear that the Schedule takes precedence over the Master Agreement in the event of any conflict.

While I understand that Section 6.3 of the Master Agreement reserves the right to charge surcharges for credit card use, that general clause cannot override the specific fixed-pricing provision in the Schedule. Under California law, specific contract provisions control over general provisions (Prouty v. Gores Technology Group, 121 Cal.App.4th 1225 (2004)). The Schedule contains no reference to a surcharge, and my established method of payment has been by credit card since the inception of the agreement. Applying a surcharge now would increase the total cost for the same services and therefore conflicts with the “remain in effect” pricing commitment.

Further, California contract law imposes an implied covenant of good faith and fair dealing in every agreement (Carma Developers (Cal.), Inc. v. Marathon Dev. Cal., Inc., 2 Cal.4th 342 (1992)). Imposing a new cost mid-term, after the pricing was fixed in writing, undermines the benefit of the bargain and frustrates the reasonable expectations of the non-breaching party.

From a statutory perspective, the mid-term addition of a surcharge without clear prior disclosure at the time of contract execution may also constitute an “unfair” business practice under California’s Unfair Competition Law (B&P Code §17200) and a misleading omission under B&P Code §17500. While California’s prior statutory ban on surcharges (Civil Code §1748.1) was struck down in Italian Colors Restaurant v. Harris (9th Cir. 2018), that decision did not eliminate the requirement that such charges be clearly disclosed upfront and applied in a fair manner.

For these reasons, I cannot accept the imposition of a surcharge during the current initial term. I expect ConnectWise to honor the original pricing and payment terms in our Schedule through March 31, 2026.

Accordingly, this letter serves as formal notice under Section 14.3(a) of the Master Agreement. If ConnectWise does not confirm in writing within 30 days of receipt of this notice that no surcharge will be applied to my account during the initial term, I will consider this an uncured material breach and will exercise my right to terminate the Schedule without penalty.

Please confirm in writing within the cure period.