What constitutes a website?

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garyscottadamson

Around a week ago, I offered to do a service exchange for a translator. I make him a website and he translates some documents for me.

The 12 page website I designed him would cost normally around 500gbp and his translation around 200gbp, but the agreement suited me even though id come out worse off.

I created it and agreed to host it for him free of charge... The problem is that I've asked him to cover the domain. He thinks that "website" means domain, as well as hosting and design?

He's threatening legal action. Does he have a good case? should I just suck it up and buy him a domain?
 
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garyscottadamson

Well No one did sign anything. There are emails but the only thing he has to hold against me is that a website includes a domain, even though as far as I'm concerned it's just files of code which work together...

The fact that I have spent so much time in his site, and he can't be bothered to buy a domain annoys me. I think he only took up the offer because it was something free and he didn't really ever want to pay a penny for it.
 
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Are you happy with his translation? Have you had it checked? He, at least, has a good idea of whether your website is any good, as he can judge for himself. The average rates for translation are at least £80 per thousand words (more for rarer languages). Was your translation 2,500 words or thereabouts in length?
 
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I know that the contents of a web site is just a bunch of files. However in common parlace "visit our web site" means visit the URL that points to our web site. I sort of have to reluctantly side with your translator on this - if he is non technical. Sorry, but I'd register a domain for him, of course if he wants it for more than a year, there would be an additional (and payable) fee. If he wants google analytics then also. If he wants changes (inevitable) etc. I'd sit down with him and sort out what you are supplying him now. I'd put his translation through babel fish. I'd spell check it as well.
 
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garyscottadamson

His translation seems to have issues, but I think he's simply added mistakes which he will deliver when I complete my side of the bargain.

I guess I will have to buy him a domain. It's just that when I design a website for someone professionally, I only sort out the domain if they ask me to. I don't include it in the price.

So yes, I guess I'll have to pay for a domain, but this time next year, I hope he doesn't expect me to pay.
 
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You can't have a working web site without a domain name, can you?

As the 'web expert' in this transaction wasn't it incumbent on you to have pointed this out at the start of the process? You should have at least established who was going to do what, as you would with any other client.
I'm sorry but my sympathies lie with the (web noob) translator, and I think you should stump up with good grace.
 
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One thing we have started to do in proposals is to state what our work does not cover as well as what we will do. This is a trick I learnt from a lawyer and helps to clear up any confusion between the language techies use and what everyone else assumes.

If you are concerned about what he is expecting in the future, you would be better off sitting down and discussing this now, including what exactly you will and won't include in the future and how much you charge for this.

In terms of assuming, you might also want to check with him about the mistakes in the translation rather than assuming he will resolve these once he is happy with this website. He might normally charge his clients extra for fixing these :D
 
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LicensedToTrade

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Nov 7, 2009
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I googled 'define: website' and the results vary from one to the next. Half of them include the domain as part of the term, the other half do not so from a legally definable point of view it could go either way.

If you buy the domain (only a tenner) then bizarrely this would put you in control of his website...so I'm not entirely sure why he would want you to do that. Why don't you just write him a cheque for £10.00 so he can buy it himself. This way you will never have responsibility for the domain when it comes up for renewal.
 
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I just knew someone would pick me up on that.
Sorry. I wrote it for clarity in the mass market. I should have said what I first considered;
You can't have a working web site without an address can you? And a domain name is one type of address for web sites.

I consider myself admonished and withdraw my application for a Practising Geek (play doh! level) badge.
 
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Mike W

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  • Aug 19, 2010
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    I guess I will have to buy him a domain. It's just that when I design a website for someone professionally, I only sort out the domain if they ask me to. I don't include it in the price.

    So yes, I guess I'll have to pay for a domain, but this time next year, I hope he doesn't expect me to pay.

    You can't expect all laymen to understand the mechanics of what's involved.

    Just treat it as a lesson learned. And make sure that it doesn't happen again by laying out precisely what's involved in your arrangement.

    Before you go and buy the domain though I'd suggest:

    a) that you double check with him, in writing, the precise domain he wants and get him to write to confirm it.
    b) you explain the misinterpretation and that you'll buy it but explain to him how it works ....and that he'll have to pick up the tab in future years.

    While you're at it, I'd suggest you do the same with your hosting and tell him it's free for x time and chargeable thereafter. You might get some more free translations in a year then ;)
     
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    However in common parlace "visit our web site" means visit the URL that points to our web site.
    In common parlance yes, but as a web designer I would have to disagree with this. Visit our website means actually visit the website that is currently hosted on the space that the domain is pointing to. The website is independent of the domain and could be moved to another domain if required.

    Having said that, and as someone else has mentioned this situation illustrates the need to have properly defined terms and conditions. I also now list things that are not included in a website spec. The domain name is one of these although we can also include it if the client wants us to.

    If it was not mentioned then you'll probably have to bite the bullet on this occasion.

    IDEA: If you are annoyed at him register it in your own name and in 12 months time warn him that it is about to expire and bill him for £20 (registration fee plus processing fee). You could also offer him a transfer for a fee of £30. ;)

    .
     
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