Looking for some advice

Discussion in 'HTML & Website Design' started by tcardoso, Nov 27, 2008.

  1. #1
    Hi,

    I'm looking for some advice and for who its correct opinions. I'll not refer any sites/names for now.

    We asked an online design company to make us a exclusive design for our site, they did it, it was amazing, we paid for it, they sent the original photoshop work files off course. All ok.

    After some time, we notice they were doing similiar jobs for our competitors, no problem in that, but we decided to remove the "Made by" link on our website, so our competitors task to "stole" our design wasn't so easy, I seen no problem in this, after all the design copyright its ours to alter, we have added alot of icons on site and other minor design things already.

    But the design company its saying if we dont put back the "made by" signature on our site they will sell copies of design with just different header.

    Who do you think its right (you guys are the designers not me) and what should I do.

    Thanks
     
    tcardoso, Nov 27, 2008 IP
  2. RNHalawi.com

    RNHalawi.com Well-Known Member

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    #2
    can they assure you that if you get back the "made by" signature on your site they will STOP selling the design/program?

    you should get back on the copyright terms that you've agreed upon... and kindly check your agreements on this matter... if you agreed that the design/program is Exclusively for your site only they should not sell the design/program to others.. but if it is non-exclusive they have the right to sell the design to others... imho..
     
    RNHalawi.com, Nov 27, 2008 IP
  3. tcardoso

    tcardoso Peon

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    #3
    Well, the site its exclusive off course, who would ask for a webdesign adapted to site needs that are very specific to our genre and theme if it wasn't exclusive.

    But we didn't signed any terms (like when I usually ask for a work in here for designer, I also dont sign anything).

    But the real question is, if he starts selling the design, what do we can/should do to stop him?

    Thanks
     
    tcardoso, Nov 27, 2008 IP
  4. tcardoso

    tcardoso Peon

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    #4
    so, no advice? no opinion? nothing....
     
    tcardoso, Nov 28, 2008 IP
  5. EnhanceSEO

    EnhanceSEO Active Member

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    #5
    Tricky one, I use to work for a web design company and at the bottom of the page it said "site designed and created by joe bloggs" which then linked back to the main site. As terms and conditions this was mandatory to remain on the site unless the client brought the copyright to the design. I always found this confusing as the clients owns the site and brand, but the copyright is technically owned by the design agency.

    In my opinion remove the link, so what! what are they going to do? so what if they sell your design on, just make sure your SEO efforts are doubled so your users/customers find you first over your competitors which they may sell to

    I hope this helps
     
    EnhanceSEO, Nov 28, 2008 IP
  6. cipals15

    cipals15 Well-Known Member

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    #6
    If you have purchased it online and no hard copy of the agreement signed by both you and the design company. It would be hard for you to file any case if the designer distribute copies of the website's design. It's easy to renew agreements online. :D
     
    cipals15, Nov 28, 2008 IP
  7. tcardoso

    tcardoso Peon

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    #7
    In legal terms I agree with you guys, cause there isn't any signed contract and in moral and ethics?

    1) Should we leave the link on the bottom even if is helping competitors to get in contact with them and make similar designs.

    2) We can remove the link and still he shouldn't re-sell our design.

    Thanks
     
    tcardoso, Nov 28, 2008 IP
  8. adamhk

    adamhk Member

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    #8
    You should set contract without made by at first, this removing is not good solution. I always require not added made by from design company.
     
    adamhk, Nov 29, 2008 IP
  9. innovati

    innovati Peon

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    #9
    it sounds like they are not web designers, but idiots who learned how to design websites.

    A true professional stands behind their work, and although a link back is curteous (that is how they keep getting business and stay able to help you the next time you need them) a link back is not neessary.

    Where's their link to your site on their website? Are they driving traffic to you?

    Any company that resorts to threats is not professional and don't deserve even a response - don't waste your time with children, find a real web designer.

    It sounds tough, but they are going to sell your design if they can, even if their link is on your site, do you want to help support people like that? no. leave the link off and if they keep contacting you send them something like this.

    I took the link off because you have proven to be less then professional. I will not respond to threats, and I have removed the link back to your site because I care too much about my visitors to allow them to be cheated by you.

    Best of luck!
     
    innovati, Nov 29, 2008 IP
  10. frizli

    frizli Peon

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    #10
    it should be mentioned in the contract first hand, well its your wish all together wether you want to display made by link on your site or not.
     
    frizli, Nov 30, 2008 IP
  11. gordonrp

    gordonrp Peon

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    #11
    Sounds like you certainly wouldn't want to refer people to this company based on their threats, so why would you link to them?

    They're going to keep selling your design whether you link to them or not.

    In future, work with designers based in your own country (laws enforceable) and ensure that you have a signed contract in place.
     
    gordonrp, Nov 30, 2008 IP
  12. gimmick

    gimmick Peon

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    #12
    If you paid for the website, then its yours and you can do what you want with it. Unless you have an agreement with the design company that says different...

    It's always a good idea to discuss these kind of matters in friendly manner, but if you paid for it, then its exclucive, made for you and you own the rights.

    Shame on such company!
     
    gimmick, Dec 1, 2008 IP