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Client Website Issue

by Jon Martin
12 replies
Hey Guys,

I just finished revamping a website for a client - an older gentleman who doesn't know much about computers. He doesn't have access to the domain name. The person who has access to it is the old designer who did the website about 4 years ago.

I've finished the website but I can't seem to get in touch with this old designer so I can access the domain name. It's already ranked in google and so I don't know how pleased he would be if we had to start him on a completely new domain name, which would defeat the purpose of buying a new website since when people google him the old one would still come up.

I tried giving the old web designer a call - the number is out of service. I found their website which was located on the footer of the old site - tried e-mailing but got a delivery failure notice. Finally I tried finding them on facebook and messaging them but I haven't received a response.

Does anybody have any suggestions as to what I'm supposed to do in this circumstance? Ever run into a situation like this? How can I handle this one?

Thanks!
#client #issue #website
  • Profile picture of the author digichik
    I had a similar problem with a client who got ripped-off by their web designer who they had bought their domain name and hosting through. What you will have to do is find out which company the domain name was purchased through and contact the company directly. The business owner will have to do this with your help, he will have to prove it was his site. Hopefully the domain name is the name of his business, this will make it easier. This can take up to a week, don't give up and don't take no for an answer. He can get possession of his domain name.
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    • Profile picture of the author Jon Martin
      Originally Posted by digichik View Post

      I had a similar problem with a client who got ripped-off by their web designer who they had bought their domain name and hosting through. What you will have to do is find out which company the domain name was purchased through and contact the company directly. The business owner will have to do this with your help, he will have to prove it was his site. Hopefully the domain name is the name of his business, this will make it easier. This can take up to a week, don't give up and don't take no for an answer. He can get possession of his domain name.
      Even if it was registered by the girl who designed the original website?
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      "Be the hero of your own movie."
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  • Profile picture of the author Kingfish85
    Who ever registered the domain owns it, unless it has the customers info on the whois record, which could ultimately be changed by the company registering it.

    You could possibly attempt to contact the registrar and see what they can do for you. In a lot of cases, if the domain was offered as part of a package, or at a discount rate, the hosting company owns it. It's unfortunate that some companies/people hold domains hostage.
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    • Profile picture of the author digichik
      Originally Posted by Kingfish85 View Post

      Who ever registered the domain owns it, unless it has the customers info on the whois record, which could ultimately be changed by the company registering it.

      You could possibly attempt to contact the registrar and see what they can do for you. In a lot of cases, if the domain was offered as part of a package, or at a discount rate, the hosting company owns it. It's unfortunate that some companies/people hold domains hostage.
      This is not necessarily true. If the domain name is the name of the business, then the business owner has a right to it. Use Coca-Cola as an example, if I register a domain name Coca-Cola or if the domain name has that in it, Coca-Cola can claim that domain name and take it from me, legally.

      Jon, if the domain name is the name of your clients business, look to see where the domain name was registered(godaddy, namecheap, etc.), then contact them with your customer. He will have to prove ownership of the business and DBA, once he does this they should release the domain to him. I have had clients who have had to have their attorney send the domain company a firm letter, but letting them know you will exercise your legal rights to the domain name usually suffices.

      One other tip, be nice to the customer service rep., don't be afraid to ask for a manager. Be nice but firm to all you deal with at the domain company. If they know you are willing to go the distance to get the domain name back, they will usually let it go to the rightful owner. Depending on the company, they may try to hold the domain name hostage; however, if it is the business name, they will have to let it go to the business owner. It's the law.

      If the domain name is not the business name, then it may be a lost cause, your client will have to get a new domain name.
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      • Profile picture of the author Kingfish85
        Originally Posted by digichik View Post

        This is not necessarily true. If the domain name is the name of the business, then the business owner has a right to it. Use Coca-Cola as an example, if I register a domain name Coca-Cola or if the domain name has that in it, Coca-Cola can claim that domain name and take it from me, legally.
        This is NOT true. There are legal steps involved, but the company is not entitled to it just because of the domain. The case would have to be won. Ever heard of the Nissan.com lawsuit?

        Jon, if the domain name is the name of your clients business, look to see where the domain name was registered(godaddy, namecheap, etc.), then contact them with your customer. He will have to prove ownership of the business and DBA, once he does this they should release the domain to him. I have had clients who have had to have their attorney send the domain company a firm letter, but letting them know you will exercise your legal rights to the domain name usually suffices.

        One other tip, be nice to the customer service rep., don't be afraid to ask for a manager. Be nice but firm to all you deal with at the domain company. If they know you are willing to go the distance to get the domain name back, they will usually let it go to the rightful owner. Depending on the company, they may try to hold the domain name hostage; however, if it is the business name, they will have to let it go to the business owner. It's the law.

        If the domain name is not the business name, then it may be a lost cause, your client will have to get a new domain name.
        I can guarantee you that without some sort of communication from the original company that registered the domain, OR the whois or registrant info matches yours, you provide documentation proof, they aren't going to just hand over domains willy-nilly.

        Again, if it was part of a package, plan or "free", the domain does not belong to anyone but the registering company. Companies that offer free or discounted domains have clauses in their TOS to protect form people signing up, getting a free domain name and then demanding a refund thinking they're going to get a free domain name out of it.

        It's not the case here, but it does apply. If you have a company named ABC123Plumbing, it does not mean you're entitled to ABC123Plumbing.com
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      • Profile picture of the author Jon Martin
        The domain name is the business name, thankfully. I'm going to try my best to get some assistance from the registrar. I'm hoping they can do something to help me out here. Otherwise this is a prett crappy situation haha.
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        • Profile picture of the author Kingfish85
          Originally Posted by Jon Martin View Post

          The domain name is the business name, thankfully. I'm going to try my best to get some assistance from the registrar. I'm hoping they can do something to help me out here. Otherwise this is a prett crappy situation haha.
          I would contact them first and see what they'll do. Maybe they will hand it over...who knows. Hope for the best!
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  • Profile picture of the author John Williamson
    As has been said, whoever registered the domain owns it.

    I'd say check the WHOIS info and see if it has the registrant's contact information which should be valid.

    When does the domain expire? Worst comes to worst, you could maybe immediately pick it up when it expires.
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  • Profile picture of the author Jon Martin
    Domain status: registered
    Creation date: 2008/02/08
    Expiry date: 2013/02/08
    Updated date: 2012/01/24

    Registrar:
    Name: Tucows.com Co.
    Number: 156

    Name servers:
    ns1.netfirms.com
    ns2.netfirms.com
    No information from the graphic designer - looks like they had some kind of bundle or they removed contact information. Should I contact this Tucows company?
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  • Profile picture of the author digichik
    Jon, as I stated I just went through this with a client and even though the domain was registered in the original web designers name, my client was able to get the name because it was the name of their business and they could prove it. They got ownership of the domain name.

    This is not conjecture or theory, this actually happened.

    This is how large corporations get control of rogue domain names(cyber-squatters), the little guys can use the law to their benefit too. The little guys just have to let these companies know, that they know, the law applies to them too, and they will not allow their domain name to be held hostage.

    Do a whois through Network Solutions and Internic, get as much info as possible. You may have to contact Tucows, even if it was a part of a bundle they should be able to tell which company the domain was purchased through. Once you have this information you can begin working on getting the domain name transferred to the business owner.
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    • Profile picture of the author Jon Martin
      Originally Posted by digichik View Post

      Jon, as I stated I just went through this with a client and even though the domain was registered in the original web designers name, my client was able to get the name because it was the name of their business and they could prove it. They got ownership of the domain name.

      This is not conjecture or theory, this actually happened.

      This is how large corporations get control of rogue domain names(cyber-squatters), the little guys can use the law to their benefit too. The little guys just have to let these companies know, that they know, the law applies to them too, and they will not allow their domain name to be held hostage.

      Do a whois through Network Solutions and Internic, get as much info as possible. You may have to contact Tucows, even if it was a part of a bundle they should be able to tell which company the domain was purchased through. Once you have this information you can begin working on getting the domain name transferred to the business owner.
      I'll do my best and hopefully they comply!
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  • Profile picture of the author santhan
    Originally Posted by Jon Martin View Post

    Hey Guys,

    I just finished revamping a website for a client - an older gentleman who doesn't know much about computers. He doesn't have access to the domain name. The person who has access to it is the old designer who did the website about 4 years ago.

    I've finished the website but I can't seem to get in touch with this old designer so I can access the domain name. It's already ranked in google and so I don't know how pleased he would be if we had to start him on a completely new domain name, which would defeat the purpose of buying a new website since when people google him the old one would still come up.

    I tried giving the old web designer a call - the number is out of service. I found their website which was located on the footer of the old site - tried e-mailing but got a delivery failure notice. Finally I tried finding them on facebook and messaging them but I haven't received a response.

    Does anybody have any suggestions as to what I'm supposed to do in this circumstance? Ever run into a situation like this? How can I handle this one?

    Thanks!
    Hi, Visit WhoisXY.com where you can get all details of a website owner. If he has registered his domain as private domain, you can contact the registrar of the website to obtain the owner's details..
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