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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi I have had a web page built by smart local media ,who

Customer Question

Hi
I have had a web page built by smart local media ,who sold the buissness to another company . Whean I had this done I was on the understanding that I bought the web site but would have to pay for the domain name each year .Now my year is coming to an end this company say they will charge me £399+ vat to buy my web page and domain or it will be taken down .this company have said if I don't pay the amount they won't host the page Eva the company is creare

I also had a page specialy built in this year witch I payed extra for

I should also state that 80% of the page I wrote the text and supplied photos and smart just uploaded it all ?creare have told me that under the terms and conditions of smart local media I rented the site i Neva bought it .too have all this done I payed around £1200
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Did you sign any contract please?

Customer: I have emails and order forms but no actual contract forms I also have various emails stating your web page and you purchased
Alex Watts :

Do you have an email about the domain name please?

Customer: i carnt find any paper work with the terms and condition on .but they are online smartlocal media term and condition
Alex Watts :

Do you have any emails regarding the domain name please?

Customer: Thanks for speaking to me again today. Just to confirm that we will be happy to sell your website to you for £399 + VAT which will include the domain. You will be able to carry on hosting with us for £20 + VAT per month but this is a rolling 30 day contract not 12 months. If you can send over any changes that need doing then just drop me an email and I’ll try and get them done for you. Usually image changes or text changes can be covered as a small task and this will be done for free
Alex Watts :

Ok - but was there any evidence to say the matters previously to say it was a one off fee etc?

Alex Watts :

Did they say you were buying the domain or renting it please?

Customer: This email is from the new company who said this would be bought and owned by me
Alex Watts :

Yes but the OLD company - do you have anything to suggest that you would buy the website but pay for the domain each year?

Customer: Not that I can find
Alex Watts :

Ok. Just so that I am clear, what was your understanding of the OLD company?

Customer: I pay for the web site to be built and that they will host for one year then I can do wot I want with it . The sales lady also said that if the web page didn't get 500 user min then I keep my product and they will give all monies back .i have spoken to to a lady called Christina who was a part of smart ,is now at promote uk she said all the web pages where bought and where the clients product to keep
Customer: I am still in contact with Christina
Alex Watts :

Ok - so the original contract was a fee and it included hosting for the year and after this you could take the website with you. What would have happened to the domain, would they have expected you to buy that?

Customer: Yes if it wasn't being hosted by them after the year they would sell it to me.
Alex Watts :

Ok. And now they want to charge you £399 for something which you understood you already owned>

Customer: Not smart the company that took smart over crear
Alex Watts :

I dont understand - they want to charge you now for something you had already paid a fee for?

Customer: Smart local media built my web page . They sold the company to crear ,who now own the rights to smart .they say they will sell my web page to me or will take it down ,they will not host it unless I buy the web page for £399+vat
Alex Watts :

I see. Do you have evidence of the old agreement? Did I understand the answer was no?

Customer: I have everything that was given to me buy smart !but It doesn't say any were that I own the web page it doesn't say that I don't Eva
Alex Watts :

And the person that you spoke to, can they confirm the existing arrangement?

Customer: im on the understanding that if something been paid for it owned buy who bought it
Customer: i would think so
Alex Watts :

Ok - then if they will confirm the existing arrangement then they are in breach of contract

Alex Watts :

That means you could insist on the OLD arrangement being back in place

Alex Watts :

If they refuse then you could sue for breach of contract and ask the Court that they 'deliver up' the website and domain name

Alex Watts :

If the person will NOT confirm the old arrangement you are in difficulty.

Alex Watts :

This is because without this person there is NO EVIDENCE of the old arrangement and this is what you need

Alex Watts :

Speak to the person you were dealing with and see if they will confirm in writing

Alex Watts :

Then you know where you stand and can sue for breach of contract if appropriate.

Alex Watts :

Can I clarify anything for you about this today please?

Customer: So do I need to get Christina to put that in writing
Alex Watts :

Yes you do

Alex Watts :

Without this you are stuck

Customer: Rebecca who sold it to me dosnt work for promote any more
Customer: Christina was head of sales in smart local
Alex Watts :

Ok -

Alex Watts :

As long as you get it in writing what the OLD arrangement was you will be ok

Alex Watts :

Can I clarify anything else?

Customer: No that's fantastic thank you
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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