Who owns my website?

Mat.Hughes

Free Member
Apr 6, 2008
13
0
Cardiff
I'm looking into starting a web based company that links people together. And just for the record its not going to be called Myface or Spacebook, or anything like that. I've had an e-commerce website made for me before but with this idea it is solely based on the website which doesn't sell anything. So without the website the business is nothing.

My question is if I get a company/designer to create my website will they own it and therefore own my business? So that when it starts making money they can just turn around and say "hold on, we designed that so we want all of your money and your cat".

I hope this makes sense and I hope its in the right place! :)
 
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I'm looking into starting a web based company that links people together. And just for the record its not going to be called Myface or Spacebook, or anything like that. I've had an e-commerce website made for me before but with this idea it is solely based on the website which doesn't sell anything. So without the website the business is nothing.

My question is if I get a company/designer to create my website will they own it and therefore own my business? So that when it starts making money they can just turn around and say "hold on, we designed that so we want all of your money and your cat".

I hope this makes sense and I hope its in the right place! :)

They own it til you've paid em.

After that it is yours.

Make sure YOU register the domain name with YOUR details first and then get them to design it.

Try and keep the host and designer in different beds if you can. Saves any mess. Not saying there would be but....I shall tell you if its a good idea in 42 days ;)

HTH
Regards
Daren
 
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Just get a contract drawn up to state that they are giving you 100% full rights to the design/source code etc.
 
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Not by default it's not.

It is if it is in the scope, agreement or contract signed upon work commencement AND you have paid in full for the price quoted in said documents which I forgot to pop in...sorry
 
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Which is very different to automatically taking ownership on full payment. You must get ownership agreed beforehand else they own it.
 
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I'm looking into starting a web based company that links people together. And just for the record its not going to be called Myface or Spacebook, or anything like that. I've had an e-commerce website made for me before but with this idea it is solely based on the website which doesn't sell anything. So without the website the business is nothing.

My question is if I get a company/designer to create my website will they own it and therefore own my business? So that when it starts making money they can just turn around and say "hold on, we designed that so we want all of your money and your cat".

I hope this makes sense and I hope its in the right place! :)

There are design and development companies out there that often put into their agreements that they own the work produced unless stated otherwise. Usually the company will then charge you further. These are usually the companies that offer extremely low prices, making up the difference in further purchase for ownership.

Having said that, many companies, like ourselves, automatically hand over 100% ownership of all deliverables (minus third party code for copyright reasons) upon final payment. This is the usual form of contractual agreement you should expect to sign. It is simply the company protecting their investment of time.

I suggest thoroughly reading any agreement prior to signing.
 
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All sorts of misinformation here.

You will own (possibly) the images, content and template files.

You won't own the code, fonts, the CMS or any proprietary applications.
 
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You won't own the code

Again - depends on the detail of the agreement. I've worked on both sides of web build projects (as a client and a supplier) and sometimes the code is handed over, sometimes not. Personally, I always think it's cleaner if it is but make sure that's agreed if it's important to you. What's at least as important is making sure you can do what you like with your own data (e.g. if you build up a big database of customer details and order history, can you get to that, extract it, import it into something else, take it with you if you change suppliers, etc).

I'd suggest making a list of all the things you need to make yourself comfortable with the relationship you're creating with your supplier (such as ownership of your own domain) and discussing these openly up front. No decent supplier would have a problem with this.
 
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Its all in the T&C's...

OR if you are trusting like us, how fast you can get a debt registered against them if they get funny about anything you own from the deal / have providence on / have already paid for :D
 
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Yep, it's all in the contract. Which can be as simple as an exchange of emails saying who is going to do what and when and what the expected outcome will be. Google 'web design contract'. It's all been done before ;)
 
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It all depends on the contracts. Here are some steps to take:
1. Make sure the domain is registered in your name
2. Make sure you sign the hosting contract with the hosting company yourself.
The two bits above protect you by allowing you to hire anyone else to create a new web site if need be

Coming to the contract...

1. Make sure you own all the "deliverables" - this includes but is not restricted to code, images etc. You are paying for their time/skills, and anything they product while being in your pay belongs to you.
2. If your web developers are using certain "building blocks" that they use for all clients, and have developed themselves, then you cannot realistically expect to own those building blocks exclusively, but you should ensure you have full rights to use them regardless of whether you continue working with the same company or not
3. Get the developers to indemnify you against legal action by another company; sometimes developers use building blocks/images in sites that they do not have legal rights for. You don't want to get caught up in that mess!

You'll obviously need to make full payment to be entitled to everything stated in the contract.

Hope this helps.
 
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Thanks for the advice. I assumed it would have to be sorted through some sort legal agreement. I'll be sure to read through any agreements that i get to double check all the fine details.

Thank you :)

While I'm here does anyone have any knowledge of buying domains from private users. The one i want is taken but the website hasn't get anything on it. Wondering how you go about buying from a person as opposed to off a website
 
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