Website/Domain Dilemma

[Undercover Elsa]

This is an odd one which I'm pondering on...just wondered what others thought...

About 5 years ago I built a website for a friend's pub, I took all the pics, graphics, built a flash gallery, wrote the content..everything.
I also did the updates...beer changes, menus etc. It was a casual arrangement and he gave me £120 a year for the updates plus free meals whenever we went there.

He's not actually paid me since April 2010, but I haven't chased it as he's been unwell and the updates got less and less. We've not been for a while, nor heard from him.

This morning I got an email from a web design company, saying the new owners of the pub wanted to use the same domain name, and as administrator of the website could I please let them have the login details, and also send all files needed for the website to them by email, as they intend to transfer them to their own server to continue a web presence until the new site is built.

Is it just me or is that bloody cheeky???


My gut reaction is to say I am not able to do anything without the previous owner's permission UNLESS the domain was specifically included in the sale contract.
Obviously there's value in the domain name and if my friend has fallen on hard times I feel that they should pay him for this if it wasn't included.
I also feel I should be paid for any work I do sorting it out for them...looking at the new designer's website, they just do soulless corporate templates and stick some text in. Mehhh. No doubt they charge a bomb for this, yet they expect me to help them for nothing.
Am I being mean?

I don't know if I can contact my friend...as he lived on site and his email isn't working, but I will make enquiries.

Trouble is, the domain is registered by my friend to the pub name and address, so could the new owners use this fact to take control of the domain?
Any thoughts welcome!

[garlok]

Re: Website/Domain Dilemma

Hi Shep,

Not sure of the exact legalities, but I sure would not do anything to help unless they were prepared (and sign up) to paying you by the hour on a cost plus basis plus any expenses you incurr at cost. Otherwise they can bugger off.

As regards the domain and log in, ftp stuff I would hang on to it until such times as they rpove rights to it.

Just my take on it but Niddy is pretty expert on this stuff of internet intellectual property rights so hopefully he will be along in a bit.

regards
Garlok

[Undercover Elsa]

Re: Website/Domain Dilemma

Dear me.
I've just looked at the host billing account. It's still being paid by DD, but not wanting to pry haven't looked at them before...the pratt who set it up for him before I took over has signed him up for Exchange Hosting @ £9.99 a month, which he clearly didn't use or need. Obviously to get a higher referal fee. So the poor guy has paid £600 he didn't need to over last 5 years.

[Undercover Elsa]

Re: Website/Domain Dilemma

Thanks Garlok,
I agree, I'll normally help anyone and am the world's worse at asking for money...but I do think they had a nerve.
Probably just think I'm some country hick who doesn't know better.

[philnicandamy]

Re: Website/Domain Dilemma

This morning I got an email from a web design company, saying the new owners of the pub wanted to use the same domain name, and as administrator of the website could I please let them have the login details, and also send all files needed for the website to them by email, as they intend to transfer them to their own server to continue a web presence until the new site is built.

Is it just me or is that bloody cheeky???


VERY....tell them you'll be happy to provide what they require BUT it'll cost!

[Never-In-Doubt]

Re: Website/Domain Dilemma

Steve's probably the best to ask regards this issue but to be fair, I think you'll find that whoever is the owner will own the rights, ie do a whois on the domain, if it is your details then you can charge. If it's the landlords then it's up to him what he does.

Regards the files and admin rights, if you had a disclaimer at the base confirming the site etc was built by you, what did your contract say - if you never had a contract then the content is owned by the domain owner as they have paid you the agreed fee.

I would just send the files over in a compressed folder and be done with it. If you have copyrighted material, remove it first but chances are they'll build their own site and use that - I know I would.

If you look at any of our sites, we always have a link to Niddy Publishing (soon to change to our registered company name) as the domain owner, this is to protect us in case of any claim that forced a forum closure, we could retain the domain and re-open a new forum again using our own files as owned by the separate entity that is niddy publishing.

Basically we're well protected and if necessary we'd move our servers to somewhere exempt from UK IP laws meaning any request to shut down the forums would be met with a polite "fuckoff"

[Undercover Elsa]

Re: Website/Domain Dilemma

Thanks Guys and Gals
You've backed up my own thoughts, so what I'm going to do for the moment is write and say something on the lines of:

Thankyou for your email, the contents of which were quite a suprise as I have had no notification from xxxx the domain owner.
I am sure as a responsible web developer you would not simply hand over a client's domain on the strength of an email, nor would you do the work required for the transfer of files and domains without charging your usual fees.
Obviously the domain name itself has considerable goodwill, established traffic and top Google ranking, therefore Mr XXX may wish to come to some suitable arrangement with the new owners in this respect. Certainly I am not at liberty to hand over his domain without his permission, therefore I will try and contact him to establish how he wishes to proceed.
Alternatively if the new owner's are aware of Mr XXX's new address/contact details, perhaps they could ask him to contact me.
Once his wishes are confirmed I will of course help in any way I can,
with kind regards, etc

(He is the named owner of the domain and the hosting package..I have full admin /ftp access as he doesn't have a clue about such things. I'm concerned now too in case he's ill...or worse :-(

[Undercover Elsa]

Re: Website/Domain Dilemma

Hi, thanks Flowerpower

I'm beginning to wonder how experienced they are TBH, as surely they'd know that before a domain can be transferred the authority has to be mailed and physically signed by the owner.
Done a bit of research last night and it seems that the pub has been bought lock stock and barrel by a local businessman..who my OH happens to know
Obviously he just asked the web co to sort it out..he doesn't know it's me who holds the "keys", hehe.
Proceeding...

[roomtobreathe]

Re: Website/Domain Dilemma

Shepherdess, if you built the site content (code and look) from scratch and didn't sign a contract specifically handing over copyright to your friend then all the content remains your property. You are at liberty to remove it from the site, sell it to them or let them have it.