Do I have right to keep link "Design by" to my website in footer?

Discussion in 'Legal Issues' started by e-stonia, Aug 23, 2009.

  1. #1
    Hi there,

    We developed website for our client and added link "Web development and internet marketing by e-Stonia.co.uk" to footer of the page. They want me to take the link off now but I think that I have the right to keep the link to my website and they have the right to choose where to keep that link and ask to make the link text shorter, like for example just "Development by e-Stonia.co.uk" - what do you think? Or do I have right to ask money for removing the link?

    Regards,

    Kaspar
     
    Last edited: Aug 23, 2009
    e-stonia, Aug 23, 2009 IP
  2. browntwn

    browntwn Illustrious Member

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    #2
    It should be part of the deal up front so it is clear. I think if a client does not want it on their website they should not have it. That is just my opinion. If you have many clients I would not insist on a link, but that is just your call. I think if you failed to mention that you would be including a link promoting your business on their website as part of the deal it is not fair to try and add it now or demand more money to remove it. You should learn that you need to make the inclusion of your link part of your next deal. Also, I would remove the link to your clients website from your first post. I do not think they would like to be linked to this thread either.
     
    browntwn, Aug 23, 2009 IP
  3. magda

    magda Notable Member

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    #3
    It's the sort of thing that you should have established before any contract between you was made up, and will depend in part on what the terms of the agreement were - but unless they specifically agreed that they would have the link, I would say they are within their rights to ask for it be removed. It's the sort of thing you expect to see on a free theme, not one you've paid for.
     
    magda, Aug 23, 2009 IP
  4. DesignWeb

    DesignWeb Active Member

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    #4
    I think you should deal this type of details before sign the contract. If not, the company have the rights to require deletion of these links. They own the site and they have paid for it.
    Edit. the 2 guys already posted similar answers to mine while I was writing it.
     
    DesignWeb, Aug 23, 2009 IP
  5. William2009

    William2009 Guest

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    #5
    A lot of designers charge extra to remove the links
     
    William2009, Aug 23, 2009 IP
  6. UNBREAKABLE

    UNBREAKABLE Peon

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    #6
    If they paid for the site, you have no right to ask them to put a link.
     
    UNBREAKABLE, Aug 23, 2009 IP
  7. tonyran

    tonyran Peon

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    #7
    Dont they pay for your service? unless theyre getting it for free then you have no right to insist. They can even not use the design all together.
     
    tonyran, Aug 23, 2009 IP
  8. AaronJan

    AaronJan Peon

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    #8
    You can include the link in the design. But because you are selling a product, it is up to the customer whether or not they leave it in.

    Of course, I would not even try disputing it with them. You are more likely to earn referrals through word of mouth (i.e. people asking them who designed their website) than from visitors to their site.
    So it is best to stay in their good graces and just leave them a few business cards to pass on if they so choose.

    That said, at least you can list the website in your own showcase to demonstrate your designs and client base.
     
    AaronJan, Aug 23, 2009 IP
  9. e-stonia

    e-stonia Active Member

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    #9
    Thanks a lot everybody. I thought to write into price offer next time:

    "It's common that web development companies add their link to the footer of the website that they have developed. Of course you can take that off yourself any time - it's your legal right but you have to pay us $15 if you want us to take it out. Also you have right to tell us where you want to see that link back and if you don't like the text of that link."
     
    e-stonia, Aug 23, 2009 IP
  10. OnInternetBusinessGuide

    OnInternetBusinessGuide Well-Known Member

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    #10
    I saw this problem very often. Here is my opinion.

    I like what other said above concerning the fact that the website they ordered is their property. So they can do whatever they want afterwards.

    It is common for web designing companies to add their link to their creations. We call this link building. Basically, there is nothing wrong, but if this is not in the contract, the client gets something he did not pay for. The client has no advantage of having your links on his website. This will probably lead the visitors to another website, which could potentially decrease the sales. From the designer's point of view, this free traffic.

    The real problem is not having an honest contract between both parties. Instead charging more to get the links off, I would offer a rebate. The difference might be thin, but in the client's perception it can make a huge difference. Figure out both scenarios:

    1) I am the client and I have to pay more to keep my website (which I paid for) free of third-party links. There are chances that I will not be very happy to be forced to pay, because from the beginning I have expected to get my website without any third-party links.
    2) I am the client and you offer me a rebate to promote your company. This is some kind of partnership. I would be more happy to lower your advertising cost by keeping a link of my website if you can build me a website at a lower cost. I feel like you are helping me if I help you.
     
    OnInternetBusinessGuide, Aug 24, 2009 IP
  11. AaronJan

    AaronJan Peon

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    #11
    It depends on the type of customer. Some will not accept your link on their page.
    If you have a look around the web, the websites of florists tend to have these "developed by" links, but you will rarely see one on the website of a lawyer or other professional.

    By including it in the quote it is probably just drawing their eye to the link, when they would not normally give it a thought.

    You could include something a bit more subtle in the quote, like "We will include a reciprocal website link." You would probably want to link to their website anyway in your portfolio pages. So if they later question it you could say you have added links between their site and yours, and vice versa as was agreed.
     
    AaronJan, Aug 25, 2009 IP
  12. benmay

    benmay Peon

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    #12
    I always include a footer tag in all design mocks, so when they approve the design, that includes the tag, but in the end, you've built it for the client, and they own it, and in reality, have the right to say no.. IMHO
     
    benmay, Aug 25, 2009 IP
  13. b15ginz

    b15ginz Peon

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    #13
    one thing i learned in school - if you are charging someone for work, do not leave a footprint on it. if you give it to them for free, leave a footprint.

    the answer is easy...they paid for the design. if you have a portfolio stick the website in there. you can also add metatags in the website which are hidden words within the source of the website... so if someone wants to look to see if you really designed it, they can.
     
    b15ginz, Aug 31, 2009 IP
  14. catrosinfo

    catrosinfo Peon

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    #14
    Well, i don't ask my clients to place my link.. it is just good business.. they paid for it... that's the bottom line...
     
    catrosinfo, Sep 1, 2009 IP
  15. LeonVanRensburg

    LeonVanRensburg Peon

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    #15
    I would recommend to remove the link if they ask you to do so. One link is not going to hurt. Otherwise I would normally include the reciprocal link. However also promise a link from your website informing them of the benefits. But if they don't want it, don't do it. You can add a metatag with your details in the code.

    Also I would not even mention it in the contract or pricing. It is a very small issue really and I would do what benmay said. Include it, until they ask you to remove it. But I will never charge for removing it.
     
    LeonVanRensburg, Sep 4, 2009 IP
  16. joshvelco

    joshvelco Peon

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    #16
    If you didn't make that part of the original agreement, then its' a bit harsh introducing it now, I would remove it
     
    joshvelco, Sep 4, 2009 IP
  17. ScottVoss

    ScottVoss Peon

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    #17
    Without a written contract stating that your link be on their site, there is really no way that this issue can be forced.

    I think what is important right now is to figure out what has more value:

    Having a link on a site to an upset customer who will point out that you were unwilling to deliver what they wanted

    or

    No link on the site, but a happy customer that would likely recommend you to other potential clients because of the great job you did building the site.

    It like the old cliche, you can lead a horse to water, but you can't make them drink. Well, you may be able to force them to link to your site, but you can't force them to give you a good recommendation.

    Good luck with whatever you decide.
     
    ScottVoss, Sep 6, 2009 IP
  18. OFFMason

    OFFMason Peon

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    #18
    I believe that if there was an agreement or contractual exchange of consideration of which this form of compensation or link was required as part of the bargain, then you surely can enforce it. Damages would be a more interesting question. How do you determine damages for this "potential" breach of contract? Interesting question. What is the link worth to you or to the industry you're in?
     
    OFFMason, Sep 6, 2009 IP
  19. fathom

    fathom Well-Known Member

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    #19
    For this to be a "term of service" the client should have been given the right to decline your services in advance of payment because you suggest "it's your right" to have the link there... the client also has rights... to seek a provider that doesn't make certain claims in advance and then changes them to suite his needs after the customer has paid.

    I would say "if you want the link" give the customer his money back and then you can demand your link.... and the next time get the customer to sign off on this term in advance of payment.
     
    fathom, Sep 6, 2009 IP
  20. fathom

    fathom Well-Known Member

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    #20
    ...and they also have a legal right to choice another designer that isn't so anal about a dumb link.

    I would say if this was me... "I'd demand you pay for advertising".
     
    fathom, Sep 6, 2009 IP