Warriors Help Needed !!! For ownership of Website and domain...

by mazo

Posted: 15 years ago 15 replies

INTERNET MARKETING

Hi, Warriors.
Hope I'm posting in the right place.
Looking for some help and advice to find out
were I stand with this. I have made a Website for a long established
business, but now the owner tells me he is getting a friend to do it
for him. The site is almost completed and I have put a lot of time into this.
What I wont to know is can he just go and get another web-designer to
make him a site, even though I have registered ,own an paid for the domain name for his
business.
Thanks any advice would be most welcomed.:confused:

#domain #needed #ownership #warriors #website

expertcapper 15 years ago

hmmm, did you have any type of contract in place? I dont think you do. To save the sale and all your hardwork, why not quickly upload the site to your host on the domain in its current completed state and contact the business. Hopefully they really like it and you can also explain the time you have put into creating the site...take it from there.
- Thanks
- 1 reply
{{ DiscussionBoard.errors[1170768].message }}
- davezan 15 years ago
  
  Originally Posted by expertcapper
  
  hmmm, did you have any type of contract in place?
  
  That's essentially the question here. And it looks like none, either.
  
  One question for you, mazo, is to whom is the domain name registered. I ask
  because the registrar considers the listed registrant as its owner, although a
  user can gain access depending on the login details and/or the email address
  listed under administrative contact.
  
  To think some folks complain of web designers so-called holding their clients'
  domain names "hostage" after wanting to change designers, while designers
  complain of possibly losing their work (and not being aptly compensated) due
  precisely to things like this. But...I digress...
  
  Good luck working this out with the long-established business, mazo.
  
  Thanks
  
  Signature
  
  David
  
  {{ DiscussionBoard.errors[1171839].message }}
LilBlackDress 15 years ago

Did you have a contract? If not did you get any money upfront? Is the new designer copying your design?

You may not be able to do much of anything which is why you should always charge at least half up front.

However, if you own the .com and he wants it..then you are in a very good bargaining postion.
- Thanks
Signature

Pen Name + 8 eBooks + social media sites 4 SALE - PM me (evergreen beauty niche)
{{ DiscussionBoard.errors[1170771].message }}
pizzatherapy 15 years ago

I know everyone says the money is in the list: but in this case, the money is in the contract.

So you learned a very expensive lesson. Don't do any work before you have a signed contract.

I'm going to agree with expertcapper: keep all the work you have done. Maybe someone else will be interested.

Also: since you own the domain, it is yours. You definitely have the upper hand!

Sounds like this business owner is very unethical. Important lesson learned when you deal with this type of person.

Actually you just saved me a lot of grief as I have an agreement to do some on-line work with a business owner. I need to get a contract signed. Thanks.
- Thanks
Signature
Help Support Pizza! Pizza T-Shirts for Pizza Lovers! : Find Pizza On Earth!
I am a PowToon Ambassador
Discover Simple Easy Video Creation Tool
{{ DiscussionBoard.errors[1170793].message }}
expertcapper 15 years ago

I suggested a nice way of going about it but there are some extreme methods you could use if you are that ticked off BUT you should have had a contract.

1 extreme method: Tell this "businessman" that he has commited fraud against you. (Since you have almost completed his website you will have it uploaded on the domain he chose) You can tell him that you are going to make it your personal guarantee that you will tell others not to do business with this person and share your personal experiences on this webite that you have created. I mean this is something I would not recommend but I mean in a way he has screwed you but you did not have a contract either....
- Thanks
{{ DiscussionBoard.errors[1170818].message }}
sbucciarel Banned 15 years ago

If it were me, the price of that domain would have just increased dramatically. You are the owner of that domain and I wouldn't let it go until I had been compensated for my work.
- Thanks
{{ DiscussionBoard.errors[1170976].message }}
FormerWageSlave 15 years ago

Would a mechanic's lien work here?
- Thanks
- 1 reply
Signature

grrr...
{{ DiscussionBoard.errors[1171949].message }}
- mazo 15 years ago
  
  Thanks to all you warriors for your helpful advice.
  
  Yes I know now that I should've had a contract made up,
  but hey life is a learning ground . davezan.The domain name is definitely
  registered to me. As a warrior how could I just lay down and accept defeat.
  I did say this was a long established business of near 50 year trading under
  this one name. Sbucciarel. Yes the price of the domain will now have to
  increased dramatically. I just cant go arrogant people.
  
  But I have just been lucky here,next time I will get a contract drawing up.
  
  Thanks again for all your help.
  Mazo.
  
  Thanks
  
  {{ DiscussionBoard.errors[1172915].message }}
MizzCindy 15 years ago

Too bad about not having a contract.

However, you now have a wonderful opportunity to sell a fabulous website design to one of his competitors.

I would also be making it clear that the design of the current project is your intellectual property, which you will protect (just in case the business owner decides it would be tempting to have his/her 'new' designer just copy your hard work).

Good luck with this!
Cindy
- Thanks
- 1 reply
{{ DiscussionBoard.errors[1173279].message }}
- mazo 15 years ago
  
  Cindy Thanks.
  For your added help and information on that,will be keeping that in mind also.
  Mazo.
  
  Thanks
  
  1 reply
  
  {{ DiscussionBoard.errors[1173788].message }}
  
  Richard Tunnah 15 years ago
  
  Mazo,
  Sorry this business owner has done this to you. It's unusual in my eperience for a fellow business owner to do this.
  You can avoid a contract by getting the money upfront next time. Quite usual for web designers, SEO and online marketers to get paid upfront.
  
  Rich
  
  Thanks
  
  1 reply
  
  {{ DiscussionBoard.errors[1173830].message }}
  
  Kay King 15 years ago
  
  I'm not clear that the business owner did anything.
  
  Did he hire you to build a site for him - or did you build a site hoping he would then pay you for it?
  
  Did he ask you to register a domain or did you do that on your own?
  
  What agreement (even if verbal) did you have with this business owner? Was there a stated price or timeline? Had the owner asked you to build the site and agreed to a price for the project?
  
  I ask because there are some marketers who are choosing businesses, registering domains and building sites ....and then trying to sell them to the business. I doubt that's the case here - but it's not clear what the agreement was between you and the business owner.
  
  kay
  
  Thanks
  
  1 reply
  
  Signature
  
  Saving one dog will not change the world - but the world changes forever for that one dog
  
  {{ DiscussionBoard.errors[1173912].message }}
  
  mazo 15 years ago
  
  Hi, Kay.
  I was introduced to him by a friend that works for him.
  After meeting and talking to him, I agreed to build him the
  site for a set price. The timeline was not mentioned,
  and it's not like I have been on it for a long time.
  I have worked with him on and off, for just under two weeks.
  I register the domain in my name before I transfer it all
  over to him. So there was a verbal agreement between us
  just not a written.
  Hope this clears it up a bit.
  
  Thanks.
  Mazo.
  
  Thanks
  
  {{ DiscussionBoard.errors[1175861].message }}
Pat Ordenes 15 years ago

Its pretty hard using intellectual property with web design... A few changes can make all the difference....
But selling to a competitor is a good option... They'll also have to buy the domain of you. Don't be shy on the charge... i'm not saying rip anyone off because that will come back to haunt you... but be fair.
- Thanks
- 1 reply
Signature
>GRAPHICS WSO<
All kinds of GRAPHICS (ebook covers, headers, etc...) done professionally and guaranteed!
{{ DiscussionBoard.errors[1175897].message }}
- rosetrees 15 years ago
  
  Mazo. For the future - I always register domain names in my client's name. I start an account for them at Namecheap and register the domain to their account.
  
  That helps avoid problems in the future if/when they want to change designers. I spend a lot of time chasing registrar/host details for clients with existing websites!
  
  As Mizz Cindy says - you now have a design you can sell to someone else!
  
  Sadly, you've learnt the hard way that not all clients are as honest as they seem. Some simply "forget" they asked you. That hasn't happened to me for a long time and no, I don't draw up contracts for my clients.
  
  If I feel they might be iffy about paying (I had one such recently - looooong story and TOTALLY clueless about how to run a business), I design a simple site and bill them. He paid happily and came up with more ideas for what he wants - so we are continuing to work together
  
  Thanks
  
  {{ DiscussionBoard.errors[1175913].message }}