General Discussions

**bevels** · 07-15-2006, 09:33 AM

Hey People,

I've just been asked by a client for the workup files to the flash site i've designed for him. As fas as I know i'm not obliged to give them and certainly don't want to.. however I also don't want to soil the good relationship we've built.

Does anyone have a good way of saying "sorry but.. no"

Any answers will be much appreciated.

Regards,

Bevels.

**DaveMo~** · 07-15-2006, 10:10 AM

What does the original agreement or contract say about such files? Did the client get ownership of everything, or do you retain the rights?

If you didn't discuss that, you may want to ask why he wants it and explain your reasons for not wanting to give them up (you're doing this as a business and don't want to "give" all that work away). The replies from that, and how much you want to maintain the relationship, will probably determine your action.

Dave

**bevels** · 07-15-2006, 08:19 PM

Hi-ya Dave..

Thanks very much for your reply.

There is no contract involved for this particular job as it's a friend of the family. I've built the site at half the price I'd normally charge, so I think on that point alone will be enough to say sorry the workup files are not part of the deal.

I was just thinking there might be some unspoken law against giving workup files.. I've never been asked for them before and it's not even stated in the standard contract I give to most of my clients.

Do photographers give their negatives??

Anyway, thanks for taking the time to reply, I appreciate it.

Bevels.

**vangogh** · 07-15-2006, 08:45 PM

I don't think you'd be obligated to hand over the files though without a contract it would come down to a he said she said sort of thing.

It seems the issue is more retaining the relationship with the client. You could let them know that you hadn't included the workup files in the price you gave them (reminding them of the discount you've given them) and let them know if they want them you can give them a price. Chances are they won't want the files if they have to pay for them, but you would need to be prepared to hand them over if they agreed to your cost.

**Christopher** · 07-15-2006, 11:43 PM

If it wasn't in the contract, then you're not obligated to give it up. It's a slippery situation though because 1) it's a family friend and 2) you want to keep them happy.

So... I agree with the above

**blue-dreamer** · 07-16-2006, 06:44 AM

Even if you did give them the files, would they know what do do with them?

**bevels** · 07-16-2006, 08:12 AM

Quote:

Originally Posted by vangogh

I don't think you'd be obligated to hand over the files though without a contract it would come down to a he said she said sort of thing.

It seems the issue is more retaining the relationship with the client. You could let them know that you hadn't included the workup files in the price you gave them (reminding them of the discount you've given them) and let them know if they want them you can give them a price. Chances are they won't want the files if they have to pay for them, but you would need to be prepared to hand them over if they agreed to your cost.

Hi Vangogh,

Thanks for your message.. I've written a draft of the email to the client and will send it off tomorrow (monday) start of business 9:00am, however i'm certainly going to make a few amendments after your message.

I think what you've written is really good and totally applicable, the best part about it is the fact that it puts the emphasis back on them.. instead of you looking like the "no" man, you remain the "yes" man status by saying "sure, you can have em' for a cost" which puts the ball back in their court. Either which way i'd be happy, I end up retaining the workup files which obviously i'd like, or they pay the ridiculous price I put on them and bank a fat cheque.

Thanks a heap for the comment.

Bevels.

**bevels** · 07-16-2006, 08:13 AM

Quote:

Originally Posted by Chroder

If it wasn't in the contract, then you're not obligated to give it up. It's a slippery situation though because 1) it's a family friend and 2) you want to keep them happy.

So... I agree with the above

For sure

I think Van Gogh's got the right idea

**bevels** · 07-16-2006, 08:22 AM

Quote:

Originally Posted by blue-dreamer

Even if you did give them the files, would they know what do do with them?

Hey Blue dreamer..

They themselves wouldn't know what to do with them, their argument is that they'd like to me able to amend the site as and when they see fit... my retort is that if they need to make amendments then there is no better person than the designer who made it. I created it and therefore I know how it works.

Makes perfect sence.. (like i'm going to give them the files to take elsewhere?)

Thanks for the comment

**vangogh** · 07-16-2006, 12:12 PM

Glad we could all help.

My suggestion was based on the idea you would still come across as being cooperative. I've had a few clients ask for a discount up front and later asked me to give them more. Usually just letting them know I'll price the new work for them and get back to them has them respond with a nevermind and everything is still ok between us.

I hope it works and please let us know how it all goes.

**ADAM Web Design** · 07-16-2006, 12:19 PM

bevels: your reason for not wanting to give the files up (you're the best person to know how it works) is precisely the reason you should give the files up.

I've got about 2000-2500 (I haven't counted lately) lines of customized ASP subs and functions in an include file, and I always use some of them on every site. They're not documented (since ASP documentation slows code down), but they are named in plain English.

I've had former clients take the files and totally destroy them by not knowing what they were doing. Then the ex-client comes crawling back to me trying to get me to help them fix it because they bailed. In one case, they put ASP code on a Linux server and couldn't even figure out why it was coming out in plain text!

So let him have them. If he decides he wants to change it on his own or hire someone else to do it, he's not a real family friend and let him go destroying his own website.