Can I sell clients site

Discussion in 'Legal Issues' started by AuctionFreak, Oct 7, 2006.

  1. #1
    Hi.

    I designed a website for a client of mine. It was completly custom designed and we agreed initially on a 40% deposit with the remaining upon completion.

    Once the site was finished, and the client agreed on the site completion he kept putting off payment, informing me he would pay later in the week. 11 months on, payment was never made.

    The client never had access to the site, i.e cpanel/ftp access was never passed onto him as it would have been after full payment was made. Shortly after he started putting payment off, and it became obvious he wasn't willing to pay I also suspended the site from my server so it couldn't be viewed.

    The question is, am I entitled to sell the site to reclaim any expenses or not? I also hold the domain name for the site in my namecheap account. If I sell the site, will I be opening myself up for potential trouble - although I think it's safe to notice the client would never even notice if it was sold now as he has no intentions of completing the deal.

    Any advice would be great - I'm in the UK if this makes a difference.

    Thxs

    Mark
     
    AuctionFreak, Oct 7, 2006 IP
  2. eXe

    eXe Notable Member

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    #2
    You may sell the design, but not the contents of the site if they were provided by your client.
     
    eXe, Oct 7, 2006 IP
  3. fisher42uk

    fisher42uk Peon

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    #3
    As above you can sell the site design, script, and domain since its in your name. However if there are any articles etc... provided by your ex client then these cannot be sold with the site.
     
    fisher42uk, Oct 7, 2006 IP
  4. AuctionFreak

    AuctionFreak Active Member

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    #4
    The copy of the site was written by me, but he told me what he wanted written. For instance he instructed that this part of the site should be used to write about "phones" - then I wrote the copy. He didn't hand over any specific articles or text to be used.
     
    AuctionFreak, Oct 7, 2006 IP
  5. eXe

    eXe Notable Member

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    #5
    Then you can sell them :)
     
    eXe, Oct 7, 2006 IP
  6. forumrating

    forumrating Notable Member

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    #6
    ahh sure sell it and cash out to make up for ur loss
     
    forumrating, Oct 8, 2006 IP
  7. tke71709

    tke71709 Peon

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    #7
    Sounds like you own all the copyrights so go for it and make some of your money back.
     
    tke71709, Oct 9, 2006 IP
  8. wjmyre

    wjmyre Peon

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    #8
    I would most definitely sell the website after that long, he breached his contract. I doubt anyone would deny that.
     
    wjmyre, Oct 9, 2006 IP
  9. tr0nic

    tr0nic Active Member

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    #9
    Exactly! You hit the nail on the head.
     
    tr0nic, Oct 11, 2006 IP
  10. lawdog

    lawdog Well-Known Member

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    #10
    Make sure you own everything you wish to sell. If the client supplied you with any of the text or images they are not yours. Whos name is the domain name in?
     
    lawdog, Oct 11, 2006 IP