“What do you mean my developer owns MY website??”
We have this conversation far too often with business owners. After spending precious time, energy and money on their website, the horrified business owner finds out they in fact do not even own the rights to their own website. They don’t own the code, content or even the website domain!
Understanding your website:
There are many different parts to a website, but for the sake of simplicity, let’s break it into just a few very important pieces. domain, host, framework, and custom code. Furthermore, let’s use a home as a comparison as I point out “developer fouls” or items that should send a business owner running from a proposed website developer.
1. Domain (i.e. your home’s lot). Your domain is your website URL name, without the www. For instance, “brandography.com” is our domain name. It is absolutely crucial for the business to own the domain and to have it registered under the business or business owner’s name. A web developer owning a business’ domain is the most frequent and heinous developer foul – do NOT let this happen to you.
In our analogy, it is like building a house where someone else owns the lot where it is built. At any time the lot owner can decide that they don’t want you on their property anymore and now you are unable to access your home – it is now considered trespassing. No one would build a home under such a situation, so why would you build your website that way? Like we said, huge developer foul. Safeguard yourself by getting your developer to sign a document stating that your business owns your domain.
2. Host (i.e. your association). Your website host is not actually a part of your website; however it is the vehicle with which your website is presented to the world. The company hosting your website has the ability to allow the world to see or not see your website, much like an association has access to close the gate on your community. Sure you could cause a fuss and get the gate opened, but it can take some work.
It is totally acceptable if your developer hosts your website, just be sure you have access to your control panel – where there is full access and control of the website– and the ability to back it up yourself to somewhere safe. Ask yourself; am I comfortable with the idea of my host company falling off the face of the earth tomorrow? Would I have access to my website so I could take control and bring it to a new host? Performing occasional backups, separate from your host, in anticipation of catastrophe, give you everything you need to keep your business running without hiccups. It is also a great idea to get your developer to sign legal documentation that they will give you access to your control panel at all times (see a trend here?).
3. Framework (i.e. blueprints). A website’s “framework” can mean different things to different people; however it typically refers to the common code in which a website is created. In almost every situation, the website owner does not own exclusivity to the framework. Just the way an architect can re-use their blueprints or aspects of their blueprints to build additional houses; this is the same with websites. In fact, most websites are built on the same or simple deviations of a framework. This is typically not an area of concern.
4. Custom Code (i.e. furnishing). Your custom code is what makes your website different from all the other websites out there. It is the representation of your content, pages and graphics. In our house it is all the furniture, decor and pictures on the walls. This can be a very grey area for ownership and can also be difficult to define. It can be clarified with your developer by simply asking, “If I choose to use a different development team in the future, do I have undisputed control in doing so? Will I have the ability to move control of my site and manage it elsewhere without restrictions or loss of code?” Just as if you decided to go with a new interior decorator, it wouldn’t make sense for them to take back all of the furniture and décor that you paid for just because you changed directions. If your developer answers yes to this question, it is a good indicator that you are in a good situation. Be sure you get a form of this in writing somewhere and have both parties sign.
At Brandography, when we say, “Web Marketing Unleashed“ we are specifically referencing the leash that a developer can have on a trusting business owner. Our mission is to help businesses create a website that they can manage, change and grow with on their own, but where we are never far away if you need our help. We want to create a mutually beneficial partnership, not one where you are at our mercy.
Below are a few steps to start you on the right path to safeguarding your investments:
Step 1: Ensure you own your domain
A quick visit to godaddy.com and a search of your existing domain will bring up the registration status (be sure to remove the http://www as seen in the example below). Then simply click the “whois” button to see a readout of the domain’s owner.
Step 2. If you do not own your domain, do not panic. See A below. If you are the owner, skip to B.
A. If you are not the registered owner you still have options. If you are willing to switch your website to a new domain, we can assist you in that process. However, if your website has become a valuable asset you may consider contacting your developer directly with a very polite letter; otherwise our recommendation is that you consider speaking with a legal expert.
To speak with Brandography directly or to be put in touch with a legal technology expert, visit http://www.brandography.com/contact-us and fill out our web form, or contact our internet business attorneys by clicking here. In the interim, look through any contacts, scope of work documents, proposals, even receipts to see if ownership was ever addressed. As stated above, it is essential to have legal documents to safeguard yourself.
B. If you own your domain, that is a great start. All that is left is to look at your contract to be sure that the code developed specifically for your website is, in fact, yours. If you do not have such a contract, there is a very strong chance you do not own your code. Intellectual property often defaults to the creator. Consider asking your developer the questions above: “If I choose to use a different development team in the future, do I have undisputed control in doing so? Will I have the ability to move my site and manage it elsewhere without restrictions or loss of code?” If you do not have control or access, give Brandography a call asap and we will explain your options.
The digital world changes quickly and it is important to safe guard your assets. Join Brandography’s free newsletter to receive monthly tips and updates. We do not share or sell your information – we hate that.
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Preform Google searches using images instead of text. Google gets a +1 on this.
Give it a try, simply visit Google Images and click the camera icon inside the search box. From there you can select an image from your computer or paste an image URL. In far less than a second Google will have populated your search results with websites containing those similar images.
Yes it is totally acceptable to put your own image online to see which websites are boasting your beautiful mug, and who knows, you may even find your new doppelganger.
For you business owners, keep rolling out the content, taking great pictures and tagging them appropriately. Those of you who run a lot of flash, you may want to consider changing that in the near future to make the most of Google’s Innovations.
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It’s official,
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1. A government interrogation ink blot?
2. A complex maze?
3. A brain teaser puzzle?
4. A very “pixely” graphic?
5. A multi-dimensional hidden picture?
The correct answer is actually:
6. A new fun way to promote your business! An example of QR Code!
So, how can QR Code help you and your business? Continue Reading » »
So what do you think of Facebooks new look? Hmmm. What could be the motivation behind Facebooks more image driven profile?
The new changes to the Facebook profile layout have been widely accepted as a positive improvement. Users are able to get more updates on their friends in less time, and lets face it, we all love looking at pictures. If you haven’t already taken the plunge into the new profile, here is what you will want to know. Continue Reading » »
The new WordPress exit survey plugin is now available
Do you want to know:
Why potential customers are leaving?
Why your product isn’t selling?
Are you advertising to the correct market?
Is your product cost too much or too little?
Can you better advertise for your product?
Are your viewers agreeing or disagreeing with you?
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