Hello All, I have a new client that wants me to do work for them to their website. They previously had a web designer, but have been unsuccessful in contacting them for the past 2 months. We cannot get the FTP information in order for me to access the site. The developer also is hosting the site so I cannot contact the web host separately. Any ideas of what we can do to get this information? Is there any legal recourse? I would assume the client has the right to their files. Thanks for the ideas.
It depends on several things. The client may not have rights to the files depending on whether the developer was an employee or a contractor and what was written in the original agreement if he was contracted. Also, is the domain registered to the client or the developer? These are things that small businesses overlook when making a site. It should never be hosted by the developer (except during development). They should require that the developer provide a copy of the site on CD/DVD at project completion. They should spell out in the contract that the business owns the content, graphics, and copyright of all work by contractors. It will cost them more up front to do business like this, but it helps to avoid situations like this.
Always be careful with dealing with existing sites. As stated, it isnt uncommon for the original designer/ developer to own the copyright for the site and therefore if you change it or take it to another host without their consent you will be in breach of their interlectual property rights and liable to be sued Firstly ensure your contract with your client states that they will indemnify you for this (so if you are sued they have to pay you back the costs) and ideally also ask to see the original contract to see for yourselves who owns the copyright - remember that laws vary between countries so if the contract doesnt state which country;s law will govern the contract then make sure you have checked the law of the country/ state the developers are based in.
Is the domain name in the control of your client? If so, they can unlock it if it's registered with a registrar separate from the host so that you can point it to the new server with the new site. Of course, you might need to download the site using a browser (if it's a simple site, that is). If it's not a simple site, or even if it was, reconstructing sounds like it will be necessary. When you say the developer is hosting it too, is the site on a server hosted in this developer's home or business? I'm assuming it's not a "hosting company" since it sounds ridiculous that a hosting company would not be answering inquiries (thus, if it's happening to you, it's happening to others). But if it's a hosting company, bombard them calls until they are reached (or have your client do this -- I had to do this once and finally reached someone who was able to handle the transfer). Also, the new hosting company might be able to assist you as well. Like others have said, review the previous contract with the previous developer (if applicable) to make sure the developer doesn't own the site. If he does, you can't use the site, anyway, and you'll need to redesign it from the ground up. But who knows, maybe the developer has come down with an illness or has died. Unless you get in contact with that developer, you'll never really know their intentions (or lack thereof). Good luck. I hope you get compensated for the extra effort.