Forums: Discussions for entrepreneurs and small business.

I have lurked on these forums for a long time and I got myself in a bad situation and just needed to post.  I apologize if this may be the wrong category, but I figured this may be the best place to get some guidance.

I want to preface this post with these facts, so everyone doesn`t have to reiterate what I already know, lol:
I was a bit naive.
We never signed any agreement.
I have the invoices and email and paper contracts - no signatures
I spent around 7 grand.
I am screwed.

OK

I have a web-based startup company.  While searching for a developer at the end of last year, I was recommended through an acquaintance a company lets call "Laid Back Web Developers".  They are located on the opposite coast (3 hour time difference is crucial when trying to pass info back and forth - something I didn`t think would matter).

I won`t get into the rocky road we had since November but being naive and anxious I stuck with them.  Slowly but surely, they produced, the site was being built.  It was never 100% the way I would have liked it and they always seemed to have an answer as to why.  (Keep in mind, I wasn`t asking to boil the ocean, all of my features have been done on tons of other websites).  But again, the longer it went, and the more money I poured into it, the deeper I got.

Even so, I was relatively happy with it.   Deadlines came and went.  I didn`t mind.  I made some changes so I can understand the delays.  But now, about 6 months later.  I still can`t launch the site...It is 99% launchable.  And quite frankly, I could launch it, BUT I haven`t been able to get in touch with my guy in 3 weeks.

I call a few times a day, I leave voice mail, email, etc...Sure I could launch, but I don`t have admin rights to my own site.  I can`t make any changes.  If something goes wrong my web guy is MIA.  If someone has a question I can`t answer my web guy is MIA.  If nobody goes to the site, I am screwed...If thousands go to the site I have no way I monitoring performance etc...I want my site.  Sure, he showed me one or two things, but I still can`t operate the site from behind the scenes.  I have things I would like to change and add (banners/photos etc...) I can`t.

I have an invitation email ready to go, and the core feature of the site still needs tweaking AND my guy is MIA.

What is my course of action?  Can I get a lawyer?  Better business bureau?  I don`t want to threaten the guy, but I have to do something.  We are going on 3 weeks.  Should I wait longer, even if something serious has happened to him or his family is this how he should run his company?  Do I try and find another web company to help me for a reasonable price (I do have passwords into the user panel, just don;t know how to do anything)?  Do I tell every site I can, the name of the company and bash him?

Thanks for whatever suggestions or help I get...

What is the domain name?  Who is listed as the administrative contact?  The first thing I would do is to make sure that the domain name is yours before you do anything to burn any bridges.




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Steve Mann
Internet Videographer
MannMade Digital Video
My Email

If you do not have admin rights to the site, you do not actually own the site yet.  Yes, you have paid for it and, yes, it`s mostly ready.  But your developer has not turned it over to you and you cannot make changes.   Until the contract is officially fulfilled and you have full rights, you would be placing a new designer/developer in the middle of a potential mindfield and yourself in the path of your old designer`s claims of breach of contract.

You have made every attempt to deal with this person yourself, so it is now time to bring others into the picture to review the matter and see whether you have just cause.  Sit down and build the case with copies of all your correspondence, any log of calls you`ve made, the contract and all the rest.  If you must correspond with him again, let it be to only declare that you are now handing this over to a lawyer unless you get everything delivered by a certain (very firm) date.  Be polite (you don`t want your project trashed), but don`t expect good things from this person.  You`re beyond that.

Best of luck.



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Tammi L. Coles
Archer Targeted Communication
ArcherTC.com
Follow me on Twitter @archertc

Reread my previous post - do not burn any bridges until you have full possession of the domain (I.E. you are the admin contact).  Once you have that you can change the passwords and find someone you trust to make any changes, including changing the web host.




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Steve Mann
Internet Videographer
MannMade Digital Video
My Email

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

In the future remember to always demand that a website devloper do what you wish them to do.