Website Name Disputes

When you get your website designer to create you a website, ensure you have total ownership of the domain / website and that its clearly understood that if you part ways then the domain is your possession and that you are the registered owner. Quite often the fact that its not correctly registered leads to confusion / stress and hassle as demonstrated by the following example conversation.

[New Website Designers] As you know The Website Design / Computer Repair Shop want to transfer their websites to us, therefore would appreciate your cooperation to get this done quickly and if you can do the following and email us the Auth code and confirmation that the IPS Tags are updated that would be great:

all four websites either need the domain unlocking and for you to give us the auth code or you will need you to update the IPS tag to  ENOM

[Old Website Designers] I have spoken to the business owner today and he has these three domain names plus one other. I am awaiting payment for the transfer as I will not see the renewal and let him know the pricing for £80 per domain name. Once I have received payment I will transfer these domains so you can unlock them.

[New Website Designers] Hi as a fellow website design company I can see your dilemma as we don’t like to transfer domains from our register. But trying to look at this from an ‘independent’ point of view I think that these Domains have been improperly registered to yourself as the owner and that could well come back and bite you as this is a fundamental legal requirement that you have incorrectly made. I have a Nominet account and know the ‘law’ regarding websites and the dispute procedures regarding domain name ownership disagreements. Knowing the cost / time / stress and hassle these procedures incur I would suggest you transfer them (to the correct legal owner).

Apart from in a few rare circumstances It costs nothing to transfer domains and think you should separate any money you think the business owners (computer repair shop) owes you from the domain transfer / ownership issues.

Obviously I am slightly involved here as it causes us extra work / time wasted in waiting for these domains but with a clear head would advise that you should transfer the domains as I simply need these domains to then allocate to our designers for the work they request and by you not transferring them to us will inconvenience us and change our development timetable if it goes on much longer. Therefore I respectfully ask that the 3 domains are transferred to our register, (as the business owner has requested) we need you to update the IPS tag to  ENOM on the three domains.

Hope you don’t think I am getting involved in something that doesn’t concern me but want this to be resolved so we can move on and get working.

[Old Website Designers] I do not take it personally that you have taken over the work in the computer repair / website design shop in Stanford Le Hope.  I understand that you charge more for your website design work as you have much more advanced web design capabilities and SEO knowledge than us and therefore the shop will make more money in commission, we assume.

The three domain names in question, only one of which were websites that were paid for.

The first computer repair website is originally a domain name I own and I launched a website for the previous owner of the shop.  When their takeover happened there was no mention about them keeping this website so therefore I will be pulling this domain name back for my own use and is now not for sale.  Since no money was paid for this domain name then there can be no question over this domain transfer.  If they want it then they need to make me a sensible offer.

The second computer repair website was a domain I registered for them and again I built them a website on.  Once again this was a free job and was done under the goodwill of receiving jobs through the shop.  Since there was no money involved in this and the circumstances with my business being froze out of the shop then I reserve the right to remove the website on this domain name and hold the domain name for myself.

The third domain namewas done as a 1 page website and included the free but at no point mentioned registering the domain name in the customers name.  This domain name in order to transfer will cost £80.  The only domain available for transfer is the third one for a cost of £80.

Have a pretty full day tomorrow (meeting 3 clients including Richard for Roofing website and Chris and Steve for the other Roofing website) but can discuss the website situation on Tuesday if you want.

[New Website Designers] We have a pretty full day tomorrow (meeting 3 clients including the roofing website and the builders website) but can discuss the website situation on Tuesday if you want.

It doesn’t look like the old website designers are giving up the domains without a fight. We can create a new website quickly and easily for the shop but should discuss the best way forward.

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