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niksmout
10-05-2006, 08:39 AM
:( I have a client who has come to me because she needs her website updating/re-designing she was not happy with the service from her old web developer and had lost contact with him. Her domain name is due to expire on 27th October 06 and she wants me to re-register it for her. At first I though I could just let the domain name expire then re-register it but have been informed that it may not be available immediately and could take months to become available again. So I researched the old web developer through whois and contacted him to ask for the domain name to be transferred to my company on behalf of the client. He is now demanding £75.00 to transfer it to me and £19.99 to re-register it, he is hosting with fast hosts were he has full control of the DNS and its only £2.95 per year for registration. My question is who owns the domain name? My client paid to register it and now this guy is holding her to ransom. Is there anyway of making him give up the domain to my client?
I'd really apprieciate your help.
bathurst_guy
10-05-2006, 08:44 AM
Depends on their contract agreement.
niksmout
10-05-2006, 08:47 AM
I don't think there was a contract agreement, I think that the designer was just starting out and everything was on verbal agreement. My client isn't very knowledgable about website and so just let the guy get on with it.
bathurst_guy
10-05-2006, 08:49 AM
Hmm. If you do a whois search, does it come up with his details? Or the clients?
niksmout
10-05-2006, 08:51 AM
Its his details registered, the email & address is out of date, but I tracked him down through his website and thought he might be reasonable...
bathurst_guy
10-05-2006, 08:54 AM
Unfortunately it's his domain name - you could take it further - but it's probably going to cost more than it's worth. I'm no specialist in this field though, and I'm no solicitor so don't take my word as gospel.
bathurst_guy
10-05-2006, 08:55 AM
Maybe if the client has a receipt stating the domain name from him for the moneys they paid you may have a better leg to stand on.
niksmout
10-05-2006, 08:59 AM
Right I will check this with the client, if she does have a receipt what can be done? or what course of action would you recomend?
Thanks for all your help
tracknut
10-05-2006, 02:10 PM
Personally I would verify with your client whether she has any material to prove she was the intended owner of the domain name, then recommend to her the options she has. If she feels she owns the domain, SHE could write, or have her lawyer write a letter to the guy, requesting he transfer it to her for a minimal fee. It may or may not work, he's already stated his position and price to do the deed. If she has nothing that states she owns the domain, she probably doesn't own it, and is essentially going to have to buy it from the guy for his asking price.
I'd recommend you try to play the nice guy in this game, and encourage her to own this domain name herself (as opposed to you owning it) going forward.
Dave
stacywacy
10-05-2006, 03:05 PM
... or what course of action would you recomend?
Thanks for all your help
Talk to a lawyer who's an expert on Internet law. Or, if it's too big of a headache, it might be better to pay him what he wants so you can put this mess behind you and move forward, because in the end, the amount of time spent resolving this issue will probably be more than it's worth in time and money.
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