How can I get a contracted service provider to release a domain name that he purchased for my firm?
My firm paid our programming service provider register a domain for the programming that we contracted. We parted ways and he has been paid in full, but he will not release the domain name after we have asked several times. How can we get him to transfer the domain back to us?
learn how to speak clearly.
they may be as confused as i am.
you paid the programming service provider register with a domain,
because you contracted a program.
is that a clever way of saying he gave you a s.t.d..
February 20th, 2010 at 5:44 pm
its called the court system.
References :
February 20th, 2010 at 6:26 pm
learn how to speak clearly.
they may be as confused as i am.
you paid the programming service provider register with a domain,
because you contracted a program.
is that a clever way of saying he gave you a s.t.d..
References :
February 20th, 2010 at 7:01 pm
Sue him.
Okay, that’s a flip answer, but whether or not you actually own the domain name depends on the terms of the contract you signed with your service provider.
If in your contract you have clearly stated that the domain he registered while doing work for you is to become your property, you’re golden.
If not, your right to the domain probably falls under the category of a "work for hire". That is, any work done by someone in your employ is owned by you, since you paid for the work to be done, unless you expressly signed an agreement saying that it isn’t.
Specifically, paying him to register the domain is what’s called a "pass through expense"; he registered the domain and then billed you for the cost.
You can prove that you paid for the domain by presenting the itemized bills and canceled checks or other proof of payment, such as receipts.
If you’ve asked him several times to release the domain and he’s refused, it’s time to bring in a lawyer. The lawyer will first write what’s called a "demand letter", demanding that he release the domain name to you.
If he doesn’t, your next step is court where the documentation I’ve talked about in this answer will help you prove your claim that you paid the person to do the work and now he’s refusing to release your property to you. The judge will issue a decision (or possibly an order) which you can then send to the domain registrar and they will transfer the domain to you.
If all you have is a verbal contract, you’ve got a much more complicated situation. Lawyers like to joke that a verbal agreement is worth the paper it’s written on, which means for a verbal agreement, absolutely nothing. This will increase the costs, stress, and time you’re going to have to spend getting your domain name back.
References :