Brand Spankin new :) & Could use some help

heldhostage2 · Apr 13th, 2008, 23:49

I am completely new to this forum and wish I was entering it on better terms. I have a question that Developers may be able to answer better than anyone else. I apologize if this is the wrong forum to post it in.

I recently paid a development company a large sum of money to create a custom website for me. They are unable to meet the demands of the website anymore and are bleeding me for money every time I need updates done. They will not give me FTp:// Access to the site to make even the most minor of changes. We have a contract that states that all the code etc. is my property and were created exclusively for me. Last week I decided to give control over to another development team to take care of updates etc. They have stated that I do not own the code and I would be given a copy of the site that could be editable. As Developer what do you suggest I do in order to regain control of my website?

Excerpt from contract….

18. All proprietary information furnished hereunder shall remain the property of JOHN DOE, XXXXX COMPANY, owner of WEBSITE, and shall be returned to Him or destroyed promptly at its request together with all copies made thereof by the receiving party.

(I) All products, which include webpages, websites, HTML coding, and/or any and all elements of WEBSITE, as created by DEVELOPER and affiliated parties, including but not limited to, DEVELOPER will be the full property of the discloser, who is JOHN DOE, CEO of XXXXX COMPANY, owner of WEBSITE

Any and all aspects of WEBSITE is the property of JOHN DOE, CEO of XXXXX COMPANY, owner of WEBSITE and will be delivered to Him, by the recipient, who is DEVELOPER, part of DEVELOPER XXX. This property includes, but is not limited to, any and all HTML coding, and all other elements that comprise WEBSITE.

saltedm8 · Apr 14th, 2008, 01:23

moved to webforumz cafe

if you paid for the template, you are entitled to everything that goes with it, that includes the images, content , coding any database and ftp access

you don't buy a car then have the manufacturer lock the bonnet and say, 'well, you only bought the shell, the engine belongs to us, so if you want to sell it or do anything to it, you have to bring it to us', do you ?

if this developer wants to get snotty, threaten them with legal action

very technically you could look at your website as property and if these people are denying you access to your property for 'ransom amounts' then that is illegal

what they are trying to do is make sure that if there is any work that needs doing on the site, then you have to pay them to do it.

wholly wrong,

write them an official letter ( which should include relevant areas from your contract ),

keep a copy

also make sure it needs to be signed for on delivery ( a third party record ) ,

then if they still don't action it ( leave it at least a month - and warn them in the letter of the time limit )

see a solicitor and get them to write a letter,

if still nothing is done, the last resort would be court...

nuideas · Apr 17th, 2008, 16:32

best way forward that mate. remember letters can be sent through royal mail (in the uk) second class registered and they need to be signed for

just a little tip...