wesite files am i entitled to them????

I have come across situations before, mainly read on other forums mind, where, depending on the terms of the hosting, that, while your website was live and within the invoice dates, that you own the website and should have backed up the files, but after an invoice has been failed to have been paid, the hosting provider is entitled to terminate/suspend the hosting plan including said files. In short, if you have a backup of website files, you do indeed own them, but if you don't, the hosting provider is entitled to be doing what he is doing. Hope that makes sense. Unfortunately I cant remember where I saw that.

I am guessing by your posts that the design was a static custom design?

littlemiss00 - a static site means a website that is not connected to a backend system like a Content Management System or an eCommerce system etc.

This is a tricky one - I don't know if you implicitly own the copyright when someone designs a website for you. It might have to be specifically signed over to you. He is quite entitled to turn off your site as you have not paid for the hosting. However, you should ask him to email you the files and see what his response is.

If he does send you the files, then you should see if you can get the design integrated into a content management system that will allow you to update the content yourself. Personally I think that should have been included in a €2,500 website. Could you change any of the content yourself, or were you totally reliant on him? Anyway, that's step 2 - you need to get the files first!

littlemiss00 wrote: »

H I need some advice!!!

I had a website designed last year and a domain registered with same company he gave me no training on how to use the website as promised when we done the deal for after care sales.


I refused to pay this years hosting and so he suspended the website, until i pay this money.

Does this mean i now have to find someone else to design another website for me, i thought once i got this website designed it belonged to me.

What is the case and how do i approach this situation as i am loosing business for the last 8 months.

Thanks

The site/design does belong to you which is why it's your responsibility to have a copy of it, not your designer's. You've had the site over a year now so you've had ample opportunity to get a backup but unfortunately you never did.

Your designer is entitled to be uncooperative after the business relationship has broken down, as are you. You decided you weren't going to pay your hosting fees - what did you expect would happen? Obviously your designer would suspend your hosting, you must have realised that in advance but took no steps to get a copy of the site. There is no one at fault here apart from yourself.

Do yourself and your designer a favour, pay the hosting fees, download the files and find a new designer/host. It's only going to cost you €130 compared to the price of a new site.

I'm amazed at some of the responses here, unless otherwise signed over, copyright remains with the creator, which is one of many reasons why contracts are vital. You don't necessarily need copyright though, it could have been licensed for you to use exclusively.

This is correct. A handshake isn't a contract.

cormee wrote: »

A written contract is known as an expressed contract, a handshake can be an implied contract. It's up to a court to decide if a handshake constitutes an implied contract but you are incorrect is simply saying it's not a contract.

An implied contract to do X is very different to a contract specifying the details such as IP rights etc.,

shocked that some people in this business consider a handshake an adequate contract, seriously you're doing yourself and your clients a disservice.

Yes seems like the best option, don't even mention copyright in that case as it's not a concern

Pixelcraft wrote: »

shocked that some people in this business consider a handshake an adequate contract, seriously you're doing yourself and your clients a disservice.

You may need to talk to your solicitor about it so. A written/expressed contract is different from an implied contract in that it is material evidence of the contract having taken place, an oral agreement (such as a handshake) can constitute a binding legal implied contract.

Blacknight wrote: »

An implied contract to do X is very different to a contract specifying the details such as IP rights etc.,

Not trying to be smart but:

An implied contract to do x is an implied contract to do x

An implied contract specifying the details such as IP rights etc. is an implied contract specifying the details such as IP rights etc.

Both are implied contracts. If both parties are in agreement on the matter it can be considered a legally binding contract. Proving the specific details of a more complex agreement subject to an implied contract would be a hell of a lot more difficult which is why an expressed contract would be preferable, but that doesn't make the implied contract any less binding.

professore wrote: »

If there is nothing on paper it's your word against theirs.

Not necessarily true, for example evidence of benefits could imply contract, where the benefit is not considered a gift. ie. I give you a cow, you have the cow, it wasn't a gift so that could imply a contract.

Pixelcraft wrote: »

Sounds like an excellent way to define IP rights :rolleyes:

This discussion hasn't been about best practice. I was addressing your belief a handshake can't constitute a contract:

" This is correct. A handshake isn't a contract."

Obviously a written contract is better, but it's not the be-all and end-all when it comes to your legal rights.

Placebo wrote: »

A- You cant expect him to pay for another year of hosting for you, unless this was agreed at the start. He should have given you the hosting details or signed up under your name so you should be responsible for renewal [what if he was to leave the country? etc]

B- 2,500 for a static website with no CMS[capability for you to change content] is ridiculous


best solution, pay for the renewal, get all details of the hosting, change them to your own name, get a new designer who wont charge you 90 per change

Until you see the website (I haven't either by the way), it's impossible for you to say what is too expensive. For all we know, the design might not lend itself too well to a CMS. If an image on the homepage is integrated into the design, then it could well take a bit of work to change.

Maybe the designer is taking the piss - but we really can't make that call based on what the details in this thread.

Agree with your other suggestions though.