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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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This is regarding my website... I employed a website team

Customer Question

This is regarding my website...

I employed a website team to build and design my website. We agreed on budget and time frame. As time went on it became apparent to me that they were a shoddy team and couldn't stick to time frames or manage themselves and I didn't get the website they agreed to by the date we agreed on. The website team then had a falling out with me in the middle of it. Eventually after ignoring my calls for a while, I got handed over to another person to finish off the job they couldn't do. This process took an extra half a year and the end result was tardy and not what we had agreed on. The designer who took over the job agreed I had been messed about and told me that what they had agreed to do for me originally they hadn't budgeted properly for which was why I was getting such a crummy looking website.

During this time, I lost a lot of work (being self employed) as I had press coming out in national newspapers and wanted my website live for when my features were published.
I was also pregnant and found the whole situation extremely stressful and upsetting.

In the end the designer who took the project over handed me all the content back and the domain name, without charge as a goodwill gesture for the mess that the situation had turned into. I took all of this and went elsewhere and found someone that could do the job properly.

The job is now done with someone new and I was very happy with the outcome.

My problem now is one of the original team is shouting copyright laws at me regarding the use of the photos she took for the website - she wants money for those photos even though she failed to do the job.

I would like advice on whether she can do that and also if I can look for compensation for how her company originally messed my business around.

Many Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did you sign any contract with the new team? Did you give them an option to put right before you moved? Have you paid the original team anything please?

JACUSTOMER-bvbqmy0b- :

I didn't no - I didn't with the original team either, although I'm aware that agreement in email nowadays can be classed as a contract. I gave them plenty of option and time to put it right and they couldn't as they said what I had been promised wasn't within a budget they could work to. I haven't paid the original team anything.

Alex Watts :

If you gave them an option and they did not do the work, then there can be no breach of copyright.

Alex Watts :

If they try and issue proceedings against you, you could defend and COUNTER CLAIM against them

Alex Watts :

For example if they trying and claim £500 from you and lets assume the project was going to originally cost £2000 and it now costs £3000 you would be able to counter claim the EXTRA £1000 costs for breach of contract.

Alex Watts :

But no, there is no breach.

Alex Watts :

At the very most you MAY have to pay them for the work done to date, but the above still applies, you could still sue for the extra costs and breach of contract.

Alex Watts :

Can I clarify anything for you about this today please?

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