getting the log-in info for a site you own

[unwashed potato!]

a friend of a friend of a friend has just contacted me saying he had a site made for him which is absolutely terrible (which it is) and he didn't get what he asked for from his web designer.

he doesn't want to use the designer any more but the web designer isn't happy about it and is demanding more money from him if he wants his log-in details so he can then change the web designer to me

now just checked the whois and it is registered to a single individual so am unsure if he "owns" the domain. Is there a better way to check if so?

from the whois it turned out the guy has gone to a separate company to host the site. He will be contacting them later on about getting the ftp log-in details but if it is registered to the web designer rather then him where do we stand?

 

[suarve]

You usually sign some sort of agreement saying who owns what?

Also, didn't you view the basic design first (E.g. layout/design in photoshop) before asking the designer to proceed. Sounds you just asked him to make a site and now you don't like it.

 

[swinnie]

You usually sign some sort of agreement saying who owns what?

Exactly. I get my clients to buy the hosting, and I own the design, but they can pay me a 'nominal fee' to purchase it.

Also, didn't you view the basic design first (E.g. layout/design in photoshop) before asking the designer to proceed. Sounds you just asked him to make a site and now you don't like it.

This is a normal way of doing things.

I give all clients three 'designs' that they can choose from, or modify.

EDIT: Also, phone the company and see what name it is registered in. Surely the WHOIS will give the registered owner as well, though?!

 

[cjmUK]

I'm assuming a lack of a written contract? Your friend should keep hold of his emailed correspondence with the designer along with details of any payments he made. Whatever he has on paper or on email will be vital in this case.

Is the site finished to the satisfaction of the developer? How much has he been paid so far?

Why is the developer after 'more' money? What is more? The remainder that would ordinarily be due, or an extra payment essentially as a ransom payment for the site?

If your friend has paid for the site (regardless of how he likes it) then he can sue the developer for the money he has spent plus reasonable costs. It will be a simple case for the Small Claims Court.

If your friend hasn't paid anything because he doesn't like the site, he can launch an appeal through ICANN to recover the domain *providing* that the domain name could be considered a case of 'passing off' - that is, if you friend runs CompanyX and the domain is CompanyX_Services.co.uk, it could be considered a case of passing off.

If your friend hasn't paid for the site, the developer can sue your friend, again probably through the SCC. The success of this will depend on the specifics of the contract (and by extension, the agreed functional spec/requirments spec). If there is no formal contract, a case will have to be made by any agreements made on paper or on email.

The bottom line is that if the developer has met the specifics of any contract or agreement - regardless of whether that was what your friend wanted or intended - then he must be fully paid.

AFAIK, if the developer has not met the specifics of the contract or agreement, your friend can either pay a third party to undertake remedial work and then charge it to the developer - unlikely if they don't have access to the domain. Or sue the developer to recover any payments made.

In case I haven't been clear enough - everything will depend on the specifics of what was agreed on paper or via email.

IANAL so therefore your friend should take everything I say with a pinch of salt, and they should consult a real lawyer.

 

[PMWD]

(really wants to see the site...)

 

[unwashed potato!]

something i don't think i made clear enough is i have very little knowledge about what exactly has happened. this guy (who we'll call JACK) is a friend of a friend of a friend and i have spoken to him once about what he can do.

I'm assuming a lack of a written contract? Your friend should keep hold of his emailed correspondence with the designer along with details of any payments he made. Whatever he has on paper or on email will be vital in this case.

afaik there is no contract as jack knew the designer in person so it was just agreed verbally.

Is the site finished to the satisfaction of the developer? How much has he been paid so far?

i am not aware of any money being paid so far but there may have been a small amount. I will have to ask this next time i speak with jack. actually come to think of it jack may have already paid for the site but as he now wants the log-in details the designer is kicking up a fuss (see reason below)

Why is the developer after 'more' money? What is more? The remainder that would ordinarily be due, or an extra payment essentially as a ransom payment for the site?

just found out the 'more' money is actually for another thing the designer did for someone. i cant post too much about the situation but the designer did something for a relative of jack. the relative can't pay (can't say why but it will be impossible for the relative to do anything anymore) and so the designer has said he wont give the details until the debt is paid by jack.


If your friend hasn't paid anything because he doesn't like the site, he can launch an appeal through ICANN to recover the domain *providing* that the domain name could be considered a case of 'passing off' - that is, if you friend runs CompanyX and the domain is CompanyX_Services.co.uk, it could be considered a case of passing off.

the site address is the exact name of his company and also on all of his business cards/vehicle and his listing on sites like yell.com so it is important to him to get it back.

If there is no formal contract, a case will have to be made by any agreements made on paper or on email.

will get him to have a look at what emails he has left from this guy.


In case I haven't been clear enough - everything will depend on the specifics of what was agreed on paper or via email.

what if it was agreed on verbally?

and they should consult a real lawyer.
worst case i they will do this but obviously would prefer not to

(really wants to see the site...)

can't post exact link as google is too powerful these days but it's basically like this but slightly worse as after the first 2 images (which for the site is just cartoon images related to what the guy does) there is nothing else.

Sounds you just asked him to make a site and now you don't like it.

nope as i said it wasn't me, this is a friend of a friend of a friend that got someone else to do the design.

EDIT: Also, phone the company and see what name it is registered in. Surely the WHOIS will give the registered owner as well, though?!

the whois just says individual person.

 

[HungryHippos]

Bah!

I dunno what to say, if the designer has registered the domain on the clients behalf he basically owns it so can do what he likes with it...

I would advise anyone to register their domains themselves so they are in control of them, that way even if the web designer won't give FTP login details you can just repoint the nameservers elsewhere and host it on your own webspace.