I need to know how I can transfer ownership of a domain name, website and it's content (which I wrote entirely) from my ex-business partner's web design company to me as an individual/sole trader. Right now the business website is on my ex business partners host as he runs a web design company and registered the domain name to his web design company and on their host. I also have to use this web design company's own content management system to make any changes to the website. I haven't actually paid for the website yet as we were going be partners but he was asking for way too high a percentage despite the fact he was only designing the website, whereas it was my business idea and I would be doing all the content, all the marketing and day to day running of the site. He would just do the initial design and tweaks here and there as and when needed. We never officially registered as a partnership and the website has not made any money yet, although I did draft a very simple contract that listed the key terms of website ownership, commission percentages etc which he signed but I have since emailed him to say I was terminating that contract as I wanted to run the business by myself. How do I transfer ownership of the domain legally and get the hosting changed? Also is it easy enough to transfer from using his content management system to make website changes to another one? My ex business partner seems very reluctant to answer my emails and calls, meaning I am getting very frustrated as he seems to be stalling things on purpose and I would like to sort as much out myself without involving him. Is it as simple as asking him to send me an invoice detailing what he wants me to pay for the website design then once I've paid that asking for him to point the domain name to a new host and finding a new content management system I can use instead of his?
To be frank, I don't think you have a chance. As you have said yourself, you were in business together, he purchased the domain and owns the CMS system you used to create the site and maintain it, and the work was done as part of this business relationship (at least that's what I infer from your explanation) You're the one who disolved yourself out of the business relationship, so if he is continuing with that business then he is probably the rightful owner. A lot of it will also depend on your contract but if this isn't specifically mentioned then I don't think you will have any rights over it. Even more important will be anything in the contract about cancellation or terminating the agreement. Since YOU terminated the contract you have removed any privileges, rights or enjoyment you would have had under the contract and you have likely forfeited all rights to claim ownership of any of the assets of that company or relationship.
I'm pretty sure he won't continue the business without me as I was to create all the content and market it and SEO it on a daily basis, it would be too much work to do it himself as he has a web design business to run and he knows nothing about the market sector. Within the contract he signed which I then terminated it said how it was my business idea, and also says if the site does not make my business partner £5,000 after being operational for 1 year then I have to pay my business partner £5,000 minus any commisson he has earned thereby reimbursing all web design and hosting costs. So I assumed I could just pay him £5,000 and be done with it! I don't believe he would get any benefit from keeping the website for himself, oh and I'm also owed about £5,000 for SEO I've done for his web design clients.
£5000? How big is this contract :O Be careful how you phrase that, make it clear that you want the domain pushed to your registrar account. There is a lower time limit on this, can't remember offhand but I'm sure ICANN would have an FAQ of some sorts
It's starting to sound more complicated now. If you can't sort it out between yourselves then you really need to speak to a solicitor who will be able to ask questions he needs answered and view your contract. I'd do this before parting with your £5000 as you need your situation clarified.
Its your choice to terminate but its his choice to keep the good of the partnership unless you buy him out. If you were unhappy with the deal in advance you shouldn't have entered into it. I would however, contact a local attorney for a free consultation.
Given that you say that you had a signed contract, no one can give you any real advice unless they review the written agreement, as well as ask you questions about the relevant facts. As a couple of the posts above said, you really need to talk to an attorney in your area. With £5,000 or more at stake, it is worth a visit to a solicitor to discuss your rights and your strategy for dealing with the dispute.