eCommerce Tycoon

**SasyLou** · 10-11-2007, 11:58 AM

Thats exactly how I feel, they should be named and shamed. I really am annoyed (little bit more than annoyed but I am a good girl and dont swear...much lol). Plus my husband wont let me name and shame yet... but we will not be doing any future business they have blown that. Once we have that domain name in our hands I will be naming and shaming wherever and whenever possible...without slander or libel. The gentleman, and i use that term loosely, that sold my father in law on this deal, really took advantage of someone who knew very little of this business..... Just now need to wait and prepare tactics for naming and shaming the best possible way. Thanks for the comments

**ADAM Web Design** · 10-11-2007, 12:23 PM

Smart move, Sara. If things are in litigation and you start running any kind of a smear campaign, you'll mess up the outcome of the lawsuit even if it is right. I had a similar legal situation a few years back where someone tried to sue me (they had no case to begin with, since I had 50 pages' worth of supporting evidence on my side and the other guy didn't have a thing) and got the bright idea to start contacting my clients about what a big rotten guy I was and how I was going to go to jail and all sorts of crazy stuff.

The case never even got to court, I ended up getting compensated for my trouble, and the other guy ended up going out of business the next year (although he's back in a small form). The guy's own lawyer even ended up riipping him a new one in the mediation room or whatever you call it because the lawyer didn't know what the real story was and was pissed off that his win percentage dropped.

So yeah, watch the naming and shaming thing. It can be used against you in court. Hubby's right there. It's actually the only reason I haven't called the company out yet myself (much as I'd like to). But rest assured, you will find support when you decide to "mutiny".

**SasyLou** · 10-12-2007, 06:34 AM

I'm sure the support is out there even across the oceans for my mutinous actions. not going to be having a good day today as today is the day we say goodbye it has been decided. Only trouble I'm in the office on my own the hubby and father in law are in our shop today. I have to be a brave girl and await the fireworks to start.

**aspx_dev** · 10-13-2007, 03:24 AM

Hi Sara,
I have been developing e-commerce websites for a couple of years now, and know a little about the coptright side of things. When the initial contract was signed there would have been a part in it about who would own the copyright. Unless you specifically request to own the copyright at the outset , and have it contained in the contract, it remains with the developer.

Points to remember for future development:
1. do not be disheartened with the industry. There are a lot of really good e-commerce companies out there.
2. Make sure the company has developed its own code, not just using an open source code base such as oscommerce.
3. Request to have copyright of the website and source code incorporated in the contract.
4. Have strong involvement in every step of developemnt, and make sure you have access to a test version of the site before it goes live to test it vigorously. Make sure the HTML complies with the legal accessibility standards and is not written using tables.
5. Don't use a company that will charge you for bug fixing. Use a company (there are only a few) that will give you a price for the entire site development, and will fix bugs as part of the development costs.
6. Pay for SEO separate from development costs. Use a company that links SEO payment to SEO performance. Let the company put its money where its mouth is.

I would recommend my previous employer as they are such a company, but they are so busy you would have to wait a year before they could deliver. I could recommend myself, but I am just starting on my own and am not ready yet. (Still writing my own core code and website (www.amphitheatre-ltd.co.uk)).

Good luck though

**SasyLou** · 10-17-2007, 05:43 AM

Just a note to keep all you helpful people informed.....the Web Designers have now pulled our website of the net and we have no access to Emails...Sorry but even my kids never had a temper tamper like this. I am ready to rip somebodies head off

**rolda hayes** · 10-17-2007, 09:04 AM

Hi Lou,

Just have to comment on this now... This is absolutley the worst kind of webdesign company there is and I feel really sorry for you and your family...

I had a similar experiance with someone a year or so back, a local company (UK) had come to me because they were getting fed up with their current design company. I had a complete nightmare getting them to handover the site for tranfer to a new server and they messed around with a lot of the code when they finally did give it to me. eventually got the site moved and the clients have never been happier.

Basically, its your site - you need to fight them for it back.

B.t.w, If you need someone to look at / take over your site, i can reccommend REDSKY . BIZ, based in Milton Keynes. (I dont work for them but have known the Director there for nealy 9 years now and they really are 1st class!) If you do decide to have a chat with them, PM and I'll send you the contact details rather than post it here!

Good luck, and keep us informed!

Hayes

**SasyLou** · 10-17-2007, 04:45 PM

Thank you for your support seeing the legals tomorrow so hopefully will get something sorted. don't know weather I'm being paranoid but the fella who did all the coding as now added a comment after his msn (XSL-Lubrucating your botch job) may not be directed at us but sure feels like it. I am really tired of all this, physically and mentally, my husband has an ulcer and my father in law was not well before we started all this. i am also trying to focus on choosing a secondary school for our son. I just want this all to end and get rid of stress.

**fishtech** · 10-22-2007, 12:08 PM

Quote:

Originally Posted by SasyLou

Thats exactly how I feel, they should be named and shamed. I really am annoyed (little bit more than annoyed but I am a good girl and dont swear...much lol). Plus my husband wont let me name and shame yet... but we will not be doing any future business they have blown that. Once we have that domain name in our hands I will be naming and shaming wherever and whenever possible...without slander or libel. The gentleman, and i use that term loosely, that sold my father in law on this deal, really took advantage of someone who knew very little of this business..... Just now need to wait and prepare tactics for naming and shaming the best possible way. Thanks for the comments

I just joined today and read your thread..

just a couple of thoughts...

About IP... generally unless specifically negotiated a client does not get the IP relating to a web site design. It is a little like a photographer or an artist getting the rights to the work that they make and selling the original and retaining rights to make copies and prints.

Domains...it is not good practice for a web designer to registered a domain in its own name and you can challenge this quite legitimately.

Shared Ownership and rights to % of profits - This is a difficult one as it essentially makes you a partner! It is very difficult to get out of an arrangement like this if you do not like the service or the web site and the contractual position is very blurred... since the web company is effectively "jointly" funding your business and providing services in lieu of taking initial payment...If you accept a shared ownership position and then cancel and want out - the other side will argue that you are acting to thier detriment and you are not giving them the right to earn the profit that you have contracted with them for.

Anyway, it sounds like you need a new web site... lol

It takes a brave it company to offer services where there has been talk of litigation, however, i am brave.. If you are interested in talking this over, pm me as i have been around 22 years and i am ceo of a company that produces some great ecommerce solutions.

Russell

**ADAM Web Design** · 10-22-2007, 12:29 PM

It's not brave, it's stupid and unwarranted, Russell.

Let the woman and her family straighten out their issues with the existing web designer first, and then let them start looking for designers/developers when they're ready.

This is exactly the kind of crap that puts a black eye on web design.

**SasyLou** · 10-23-2007, 02:19 PM

Firstly let me first say thanks to Adam Web Design for jumping to my defence.

But all comments are appreciated. So thank you russell for the offer, But we have found someone to do what WE want this time. and we know that Rachel will do her best as the shop originally had a website that Rachel designed but on The Other Deisgners advice we let the domain expire. Luckily we have mangaged to get that back so Rachel can start working on that at a fraction of the cost might I add. As we need an income, as I was hoping to be working as a teacher, after just completing my degree, but no I am stresssing over my husband who now has ulcers, stressed out in-laws, and 2 kids who i have had little to do with over the past few months.What gets me annoyed is that i sent the school summer holidays entering stock onto a spreadsheet and it looks like it was all for nothing.

Basically we are still trying to get our name and domain off the old designers, but they contacted me today they really dont want the legals involved. so we might get what is ours. but they still want paying.

But fingers crossed I will get my name back. hopefully before christmas