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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11286
Experience:  30 years as a practising solicitor.
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Hi,I have a website hosted by a local company. I own the

Customer Question

Hi,
I have a website hosted by a local company. I own the domain. The company have disabled the site and will not restore it despite numerous attempts to get them to do so. How can I get the domain and site back?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Why have they disabled the site?
Customer: replied 3 years ago.

There is an outstanding disputed invoive of arounf £800. it does not relate to the purchase or building or hosting of the site

Expert:  JGM replied 3 years ago.
The general law is that a party can't fail to perform their part of a contract, ie, hosting the site in this instance, because of a separate contractual dispute. That means you can hold them in breach of contract for not doing so UNLESS there is a contractual term that says to the effect that they can withdraw their services if any monies arising howsoever (or words to that effect) are due.

If the latter is the case you would have to resolve the separate dispute before they could be found in breach of the hosting contract.

However, if there is no such contractual term you can insist, via your lawyer or the courts if necessary, that they reinstate the site as the dispute is a separate issue.

Alternatively and perhaps the most practical solution is to offer to have the monies in dispute placed on deposit with a third party, or on joint deposit between agents pending resolution of that dispute with an agreement that the money is paid over at the relevant time depending on the outcome of that dispute. That would at least get you up and running again.

Happy to discuss further. I will be online again later this evening.