Hi

Don't know if I am posting this at the right place but maybe someone might be able to assist me.

I have designed a site for someone, the site is done and dusted for almost 2 months now, only problem is payment. There is unfortunaly no contract signed before I've done the site. He was supposed to be a friend.

Anyway, what can I do to get my money out of him? Can I just wipe the site if he does not pay?

Any advise would be welcome.

Thanks
DeadSet

Show him the site online but don't give him any access to the files or FTP.

Show him that you have fufilled your part of the deal, and he can see the completed site is onine and he can see it in action. Once he pays give him the FTP access and all the files. That way he can't take the design and not pay you.

Try paying through paypal too.

Hope that helps

since there's no contract you might as well wipe the site out but then you are not getting any money from the guy. if the amount is like a thousand or more - consider talking to a lawyer. they might have a better advice.

Thanks for the replies...

See the problem is that he got the site, it is a PostNuke site with a template that I designed for him. I kept the Admin Password for security, once he made the payment I would have given him the password and he could have full access, but he got hold of the admin password and locked me out.... But I still have a way to get access to wipe the site... Can I do that if he does not pay since the site is running on his hosting and stuff?

Thanks

if you can prove you created that website , wipe it off .
email him or something and give me options :
1. pay and you get the website.
2. dont pay and sue me , i can prove i build the website for you and you didnt paid me.

In the future , have your customer sign a contract , doesn't matter if it's a friend or not.

Wait, what access have you given yourself with the backdoor? Do you have a copy of the websites origional code? If you DO have a copy, wipe it. Write to him AFTERWARDS, not before, or he may remove your backdoor. Explain VERY formally; "Dear Mr/Mrs/Undecided [however], as I'm sure you have noticed I have been forced to remove all files to do with the [sitename] website....". From now on, if its server side scripts you write, demonstrate them off a server running on your computer (so they have no access), if its design send them a scaled down screenshot. AGAIN, wipe it BEFORE you notify him. I can't stress this enough. (OK, maybe I have already...). Good luck!

Something like this could be included in the agreement...

Developer reserves the right to remove all web content from the Internet if payment is not made within thirty (30) days after delivery of our completion notification. Most frequently, problems making payment timely are the result of poor communication channels in a company's Accounting Department. If a payment delay is anticipated, please contact the Developer to discuss potential problems in advance. If problems are anticipated we may be able to accommodate an alternate arrangement.


ALWAYS have a written agreement
My 2 cents

Thanks guys,

I did learn a lesson, but my biggest question still, do I have the legal right to wipe the site, even though it might be through a backdoor. I am just afraid that I might shoot my self in the other foot.....

thanks

Oh, one more question, how do you set up an agreement with someone halfway round the world?

good point, does someone typing his name in the file mean he signed it?

If the money isn't too much I wouldn't go into the legal area of deleting the site. Under the British Computer Misuse act I would have thought that deleting a site from his server without his authorisation would be 'Gaining unauthorised access to a computer system and making unauthorised changes' because although he hasn't paid you, you've turned the site over to him, and it's on his sysem. Send him an official letter asking for payment and then if he doesn't pay you take further action (in the UK the small claims court is an excellent place to do this, it costs about £20 and you can represent yourself).

As to making agreements, ususally I just send a full agreement to the person and ask them to send back a message saying they agree. Then I will develop the site/scripts etc. but not provide them with source files until the payment has been received. Often I will also ask for partial payment at certain points in the project.

If you want a fully legal agreement, though, get them to sign and fax it to you. A faxed contract is legal.

First - Yes - Wipe the site and change the password so he can't upload it again.

Second - I deal with websites in France (from the US) all the time - I use a standard contract - Payment is half the money before I start development and the other half on delivery - I also have them sign the contract and fax it to me before I start the work.

By the way - I always build 'demo' Copyrighted pages for the client to view and post them on my own website before we begin - - That way there is no question of who owns the rights to the new website - He owns the name, everything else is mine until I get paid.

Hope this helps.

JJ

Nasty situation. Just about everyone is right on this, though David's quite right about unauthorised access.

You say that you created the template. [Not the pages but the template]. If that is the case, you have NO right to wipe the pages since they are content and therefore different from the stuff you created, and not under your influence, so to speak.

My advice is to remove the template since he hasn't paid for it. If they gave you access to upload and maintain files, then I would argue that you would be in a grey area about breaching the regulation.

Then send him a letter informing him that as creator of it you have copyright and he is in breach of copyright. But don't tell him at that stage that you have removed the template. Do tell him though if he hasn't paid you for the template within 3 months of completion.

If he wishes to pay you he can have the template back.

And I'd tell EVERYONE what he did too, just 'cause I'm a vindictive son of a *****.