Mara's Musings

Or...what happens when the client doesn't pay?

Firstly all web designers have a payment policy in their terms and conditions, these may vary according to the type of site.

If you don't pay the designer what can they do?

Firstly, most designers will not  hand over any passwords to the site content management system until full and final payment is received. They also have access to the server on which the site is hosted. Often server passwords are changed away from the default password issued by the hosting company to allow ease of access for the designer - ie, not having to type in 16 random numbers and letters each time they get logged out! The designer retains access to these until such time as the work is complete or, if they are managing the site, until the client terminates the arrangement.

If you have not paid for any of the design work it remains the property of the designer and they can remove it from the site if their bill is not paid. This is the worse case scenario and usually only ever happens if the client has not responded to requests for payment over a long period of time.

If you have paid for the site but not additional content management carried out later the site cannot legally be removed but the designer can take you to the small claims court for the money! If the designer removes the site on this basis not only are they acting maliciously, they are on very dodgy legal ground since they are actively sabotaging another person's business and it is looked upon very seriously.

If you are having problems or feel it may become an issue always let the web designer know.  Large companies may not be interested in your problems and terminate the arrangement, however most smaller designers like myself are more than happy to negotiate payment by instalment especially when clients have a new or small business.

From the designers point of view it is good business to gain a great public image and we also put a lot of work into our sites and obviously it is in our interests as well as the client's to keep the site online and publicly visible.

This is one of 2 blogs regarding issues occuring between a client and a web designer and is a response to enquiries about what to do if you fall foul of someone who is maybe less than professional about how they run their web design business.

We can all get into difficulties in our business dealings with others. A professional web designer would obviously try to convince a client stay with them - its good business! But what happens when the client simply wants to move on and the web designer gets difficult?

So where does the client stand?

First of all, providing you have paid the account in full for the website, it is your property.

Always read the Designer's Terms and Conditions before undertaking a contract. For example my Code of Ethics prevents my designs from being used for illegal or immoral purposes. If the client later edits the website and it breaches this code, I will then take action to have my designs removed by legal means, from that site.
The designer has no right at all, providing you have paid the bills, to keep any of the work they have done on the site. They cannot keep your passwords to prevent you logging into the system, or prevent you from giving them to another web designer so they can manage the site on your behalf.    If you have hosted your website with the designer you have the right to have your website displayed there until your hosting expires at which point they should notify you at least 14 days before this happens so your site does not disappear.

They most certainly do not have the right to take the website off line or to tamper with the code, databases, design or content in any way shape or form so that the website does not function.

Both of these cases are legimate reasons to instigate legal action against the designer.

My advice is that if you have a problem with the designer of your site that you attempt to iron out the difficulties with them. If you decide to move on and they act maliciously it may be quicker and cheaper simply to get a new website designed. Searching through a lot of coding which may or have not been corrupted takes a lot of time and most designers charge for this by the hour.

This may sound like the worst case scenario but in actual fact clients are often very pleased with their new and revamped website and wonder why they had not done it before!

In Part 2 I will look at when the business relationship breaks down from the designers viewpoint and what steps they can legally take to seek recompense from a non-paying client.