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Topic # 162011 26-Jan-2015 21:20
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If I get a web site made up at my cost who typically 'owns' the web site, the developer or me ?

I ask as I assume if I get a web site made I own it so if I want to move it to another hosting provider or have it redeveloped I can choose who I wish

What is the norm for SMEs ?









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BDFL - Memuneh
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  Reply # 1222765 26-Jan-2015 21:29
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If you plan to have a website, the first thing you have to be sure is that YOU own the domain. YOU and only YOU (or your company) have access to the account with the registration details.

If anyone else has access then this other person can move it away from you and you have no way to get it back - without lots of fight.

This being clear, YOU own the website. A developer is hired to create something for you, you own it. Also once the project is done, and you have paid your fees and the development is deemed complete, make sure to change passwords and make sure you don't have any backdoors planted.

Sorry to say, but hard to trust some people if you already thinking about this.





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  Reply # 1222805 26-Jan-2015 21:52
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freitasm: This being clear, YOU own the website. A developer is hired to create something for you, you own it. Also once the project is done, and you have paid your fees and the development is deemed complete, make sure to change passwords and make sure you don't have any backdoors planted.


This may not be that simple... lots of web development companies will develop the site and host it on their own custom CMS, so you can't just change the password and/or switch to another provider. As part of the process you'll need to ask upfront what technologies the web designers are using - they may just create static HTML pages which makes it very easy to host the site anywhere, but most web developers will create a dynamic website based on a CMS. If so, you should be asking for the site to use an open source CMS like SilverStripe, Drupal, Wordpress, etc. This way you know that you'll be able to move your site somewhere else.

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  Reply # 1222809 26-Jan-2015 22:02
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Good point. If anyone wants to be "portable" then this is on top of the list. Don't be tied to a technology only one developer provides.





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  Reply # 1222829 26-Jan-2015 22:11
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OP: Take note of everything that's already been written and also note s 21(3) of the Copyright Act:


Where—

 

     

  • (a) a person commissions, and pays or agrees to pay for, the taking of a photograph or the making of a computer program, painting, drawing, diagram, map, chart, plan, engraving, model, sculpture, film, or sound recording; and

     

  • (b) the work is made in pursuance of that commission,—
that person is the first owner of any copyright in the work.

It's at least conceivable (and this is coming from a real lawyer) that certain database-driven websites, for example, can be construed as a computer program. But things are always a bit potentially malleable if you are relying on a statutory provision. The thing you REALLY need to do is make sure that you have a clear written agreement with the developer as to who owns what and who gets to control what.



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  Reply # 1222834 26-Jan-2015 22:11
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freitasm: Good point. If anyone wants to be "portable" then this is on top of the list. Don't be tied to a technology only one developer provides.



That is only good to a point, as almost all CMSs will require ongoing updating and support, unless you get a static website build, or you have the technical knowledge to do it yourself. With a software as a service website, which is what some of the big web design companies in NZ do, it can be more cost effective to have a website built and maintained, as usually all the updating is done automatically as part of the monthly fee. The downside is that you usually don't own the website (or at least not the backend of it), you are essentially just leasing it. But I think this is the future for small to medium average websites these days, so many websites are now using similar leased systems like shopify, squarespace etc, as they are often more cost effective to build and maintain, and less hassle, than using opensource software.

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  Reply # 1222841 26-Jan-2015 22:27
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mattwnz: That is only good to a point, as almost all CMSs will require ongoing updating and support, unless you get a static website build, or you have the technical knowledge to do it yourself. With a software as a service website, which is what some of the big web design companies in NZ do, it can be more cost effective to have a website built and maintained, as usually all the updating is done automatically as part of the monthly fee.


If you do go this route, ensure that backups are specifically included, do not assume that they are going to do this for you. In fact no matter what you do, have good backups!

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  Reply # 1222874 26-Jan-2015 23:25
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Kraven:
mattwnz: That is only good to a point, as almost all CMSs will require ongoing updating and support, unless you get a static website build, or you have the technical knowledge to do it yourself. With a software as a service website, which is what some of the big web design companies in NZ do, it can be more cost effective to have a website built and maintained, as usually all the updating is done automatically as part of the monthly fee.


If you do go this route, ensure that backups are specifically included, do not assume that they are going to do this for you. In fact no matter what you do, have good backups!


Absolutely, however if the company providing the service disappears, and you can only run the website on that companies servers, you have pretty much lost the website anyway. Any backups would need to be managed by a third party organisation to be true backups, and I am not aware of any software as a service providers that do this. I guess it is the same with any cloud service, you are sort of at the mercy of them staying in business..

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  Reply # 1222886 27-Jan-2015 00:05
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amanzi:
freitasm: This being clear, YOU own the website. A developer is hired to create something for you, you own it. Also once the project is done, and you have paid your fees and the development is deemed complete, make sure to change passwords and make sure you don't have any backdoors planted.


This may not be that simple... lots of web development companies will develop the site and host it on their own custom CMS, so you can't just change the password and/or switch to another provider. As part of the process you'll need to ask upfront what technologies the web designers are using - they may just create static HTML pages which makes it very easy to host the site anywhere, but most web developers will create a dynamic website based on a CMS. If so, you should be asking for the site to use an open source CMS like SilverStripe, Drupal, Wordpress, etc. This way you know that you'll be able to move your site somewhere else.


There is something to be said for static html pages for a simple website, as they will generally have a long life without much or any updating required. May of these developers custom CMS,  are often adaptions of open source software anyway, so potentially some could be moved . Although it is probably in the web design agreement that it must remain hosted with them.

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  Reply # 1222908 27-Jan-2015 02:03
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Waybackmachine!!!

I have had to use it before to "restore" a backup of a wordpress site hosted by a cowboy that went out of business.
By "restore" i mean copy and paste the text and re-take the photos, re-create the theme.




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  Reply # 1222952 27-Jan-2015 08:15
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You should certainly own your own domain name and be in control of that.  There are plenty of domain name hosts in New Zealand that provide full domain name access.

Then you should ideally have your website built on an open source cms if you don't want to be locked into your web designers system.  There are lots of web designers that lock you in and after you pay thousands of dollars for a website you can't change and are often locked into paying a large amount for hosting and changes.

Watch out for the web designer locking.

Many people have been caught out by this.




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