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Tech Helproom


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Who Owns a Website


Jimbo50

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When a website is designed/built for you and paid for, who owns it and what rights do you have if you want to move it from the designers host or other host to another company to administer it?

Also what problems can be associated with this action?

Your help would be apreciated as I am a non technical person when it comes to the back end of websites.

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Jimbo50

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Taff thanks again for your quick response.

As I said I am not technical but I have picked up on some of the terminology sometimes without understanding it but have learned a little bit. The designer used open source to create an e-commerce site with layout, headings, sections and so on, I then had to add the text, photographs, prices and fine tune shipping, T&C’s and all the rest of it. I already have hosting with a company as this new site was to replace another site which had become a disaster.

We did not have a formal agreement signed but had discussions at length on what we required and we agreed a price for the completing the site.

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Taff™

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Ah! It depends on the original agreement and any contract attached to it. You may need to tell us more. Whilst I am not a legal expert I have some experience of this from a business perspective as well as hosting for some of my clients.

If the "Web Designer" agreed a fee to meet your website design requirements and has designed a site which you are happy with and have paid them for he has possibly fulfilled the original contract. Unless that original contract specifically included the hosting of that site for a specific period, usually 12 months in which case he should do so.

Again, depending on the original contract, the content and design of the site, unless supplied by you, I believe remains his copyright unless the contract specifically says that all rights to it`s use are passed to you. (In the past I`ve worked with commercial photographers and always insisted that the rights were assigned back to us for example. This avoided additional payments for further prints or negatives for publications or publicity purposes)

In the real world most reputable web designers will provide you with the right to change hosting and supply you with a copy of the website should you require it. (A backup is essential!) There are some web design companies however that will offer a fixed price design and hosting package for 12 months with an annual renewal, which, if you don`t pay, will result in them removing the site and make it very difficult for you to change suppliers without paying a substantial fee.

What do you mean by "I had to populate it"? What sort of website is it?

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Jimbo50

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Taff,thanks for your quick response.

I am actually in this position, website has been created but I am unhappy about how the designer is messing me about with the hosting (third party) part of the website. He has continually let us down with unfullfilled promises and is virtually holding a gun to our head to have the website published without more funding.

Website has been paid for but before publishing it I had to populate it which took some time and now we are at a stalemate.

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Taff™

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This is a tricky one! Are you actually in this position or about to enter into an agreement with a web design company?

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WeB Designer

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Web Designer Sydney

this is also true, in the real world most reputable web designers will provide you with the right to change hosting and supply you with a copy of the website should you require it. and There are some web design companies however that will offer a fixed price design and hosting package for 12 months with an annual renewal, which, if you don`t pay, will result in them removing the site and make it very difficult for you to change suppliers without paying a substantial fee.

Thanks for all you comments!

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