Here’s a situation that’s more common than it should be. A business decides to move to a new web developer or software supplier. They ask the old one for their website files, their database or the login to their domain name, and discover it’s not straightforward. Sometimes it’s slow. Sometimes there are fees. Occasionally the answer is simply no. Website ownership is one of those things worth checking before you need it.
Usually nobody set out to cause a problem. The website ownership question just wasn’t asked at the start. Here’s what to check now, while things are going well, rather than later when you’re trying to leave.
This is a practical guide, not legal advice. If a lot is riding on it, especially with custom software, get a solicitor to review your contract.
Website ownership: the things you should control
Your domain name
Your domain should be registered in your business’s name, with your contact details, in an account you can log into. If a supplier registered it for you, check who’s listed as the registrant. Losing control of a domain can mean losing your website and email in one go.
Your hosting and accounts
Ideally, key accounts are in your name with your supplier given access, rather than the other way round. That includes hosting, email, analytics, Google Business Profile, advertising accounts and any software subscriptions. If a supplier holds them on your behalf, make sure you know where they are and how to take them over.
Your data
Customer records, orders, content and analytics history are yours. Check that you can export your data from any system you use, in a format another system could read, such as CSV. With off-the-shelf software, look at the export options before you sign up, not when you want to leave.
Your code and design files
This is where it gets more nuanced. For custom work, the question is whether the intellectual property transfers to you on payment, or whether you’re given a licence to use it while the supplier keeps ownership. In the UK, the default position for commissioned work isn’t always what people assume, which is exactly why the contract should spell it out.
If it isn’t written down, don’t assume you own it. Ask, and get the answer in the contract.
Why suppliers don’t always hand everything over
It’s not always unreasonable. Suppliers often use their own reusable components, frameworks or licensed tools across many projects. They can’t transfer ownership of those to you, but they should give you a licence that lets you keep using them. Some platforms, particularly all-in-one website builders and proprietary systems, don’t let you take your site elsewhere at all. That’s a limitation of the platform rather than the supplier, but it’s worth knowing before you choose one.
Questions to ask your supplier
- Who is the registered owner of our domain name?
- Whose name are the hosting, email and software accounts in?
- Do we own the code and designs you create for us once they’re paid for? If not, what licence do we have?
- Which parts use third-party or your own reusable components, and on what terms?
- If we leave, what will you hand over, in what format, and is there a cost?
- Is the code stored somewhere we can access, and is it documented well enough for another developer to pick up?
- Where is our data stored, and can we export all of it?
A good supplier will answer these without hesitation. Vague answers are a signal to dig a bit deeper.
What to put in place now
- A simple document listing every account, who owns it and who has access, stored somewhere safe.
- Your own admin login to your website, not just an editor account.
- A recent copy of your website and key data, stored independently of your supplier.
- A contract, or updated terms, that clearly states ownership, licences and handover arrangements.
Don’t forget people
Website ownership problems don’t only happen with suppliers. When a staff member who set up your systems leaves, access can go with them. Use business email addresses for business accounts, not personal ones, and keep your account list up to date when people join and leave.
How we handle it
Clients should be able to leave a supplier easily. Oddly, that’s one of the best reasons to stay. If you’re unsure what you currently own, we can help untangle it, and if you’re planning a move to a new platform, our website migration service covers the practical side. For bespoke systems, agree ownership before a line of code is written, and we’re happy to talk that through as part of any custom development project.
