SitePoint Sponsor

User Tag List

Results 1 to 12 of 12
  1. #1
    SitePoint Member
    Join Date
    Nov 2005
    Posts
    4
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)

    Legality of what I own

    Hi guys i'm kinda new to this site and would rather not start out with this type of thread but I would like to know your opinions.

    Ive been working for this company for over 5 years now. I mostly been like a consultant for all the companies technology needs. Basically the way everything works is he tells me what he needs and I get it for him and invoice him for any charges. Ive purchased a number of domain names under my own personal register account along with a server and things like that. I get paid for certain projects I setup along with a base salary. Just recently ive been coming into some problems. The guy has turned out to be someone Im thinking twice about working for. Hes become a real cut throat type of person to where he will use an employee tell them all these stories about how much money they will make, this and that, but never delivers on his part. Its gotten to where I know he owes alot of people money that use to be employees. Well I im not going to let myself become one of those people. I just want to know if Im the true owner of the domain names I registered under my account and have owned for years or is he? Now ive invoiced him for the purchases but we never have had a signed contract stating he owns anything. Its only invoices ive given him for certain things. Basically im just looking to see what kind of leverage I have incase somethings turns sour. Ive been an hard working loyal employee for over 5 years now but Ive just seen to much change in this guys additude.

    If you have any kind of thought on this please post a reply. Thanks alot guy.

  2. #2
    Galactic Overlord gold trophysilver trophybronze trophy
    HAWK's Avatar
    Join Date
    Aug 2003
    Location
    New Zealand
    Posts
    12,572
    Mentioned
    975 Post(s)
    Tagged
    14 Thread(s)
    Maybe try posting in the Business and Legal thread...
    You might get some more useful responses.

  3. #3
    SitePoint Member
    Join Date
    Nov 2005
    Posts
    4
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Woops Im sorry I didnt even see that!

  4. #4
    Galactic Overlord gold trophysilver trophybronze trophy
    HAWK's Avatar
    Join Date
    Aug 2003
    Location
    New Zealand
    Posts
    12,572
    Mentioned
    975 Post(s)
    Tagged
    14 Thread(s)
    No worries.

  5. #5
    One website at a time mmj's Avatar
    Join Date
    Feb 2001
    Location
    Melbourne Australia
    Posts
    6,282
    Mentioned
    1 Post(s)
    Tagged
    0 Thread(s)
    Moved to business & legal issues
    [mmj] My magic jigsaw
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    The Bit Depth Blog Twitter Contact me
    Neon Javascript Framework Jokes Android stuff

  6. #6
    Life is short. Be happy today! silver trophybronze trophy Sagewing's Avatar
    Join Date
    Apr 2003
    Location
    Denver, Phang-Nga, Thailand
    Posts
    4,379
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    This is really a question for an attorney. My non-attorney guess would be that although they are registered to you, he could make a legal argument that the two of you entered into an agreement in which you would procure the domain names FOR HIM and he would pay you for them. If that agreement was legally in effect, you would be committing fraud by keeping the domains. Interesting situation - I would just try to get paid and leave the domains for him.
    The fewer our wants, the nearer we resemble the gods. Socrates

    SAGEWING LLC - QUALITY WEB AND MOBILE APPS. PREMIUM OUTSOURCING SERVICES.
    Twitter | LinkedIn | Facebook | Google+

  7. #7
    SitePoint Guru hifigrafix's Avatar
    Join Date
    Oct 2005
    Location
    Nashville, TN
    Posts
    628
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    yea - work for hire situation. The thing is if you personally paid for these and he hasn't paid you - I wouldn't even discuss turning them over to you until he lays down a big fat check.

    If not and he turns out to be a scumbag like you say he is - just forward them to some porn site and sit back to watch his demise

  8. #8
    SitePoint Wizard Lil_Red's Avatar
    Join Date
    Jul 2001
    Posts
    3,400
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    This is a question for an attorney. My non-attorney opinion would be they are his since he's paid you for them.

  9. #9
    SitePoint Wizard bronze trophy
    Join Date
    Oct 2004
    Location
    UK
    Posts
    2,676
    Mentioned
    10 Post(s)
    Tagged
    0 Thread(s)
    You shouldn't really register domains under your name if they are for a client, it's usual to just keep yourself as the administrative contact. If the guy paid you to register them for him, they are his domains not yours and claiming them to be yours is a whole big law suit waiting to happen.

    First thing I suggest is update the whois data to put your client as the registrant. Also, does your domain registrar allow free internal transfers? If so, create an account for your client and transfer all his domains to this new account. Then you can send your client his domain account details and immediately free up one complication.

  10. #10
    A Smarter Way to Web! zivo's Avatar
    Join Date
    Aug 2003
    Location
    Chicago
    Posts
    433
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)

    Post Implied contract - move towards real one

    Even though you don't have it specifically in writing, you have an implied contract - he paid you for the domain names, thus he would think they are his.

    If you are concerned with him, there's no reason why you can't use formal written contracts going forward. You can tell him that you are working with all of your clients to formalize business relationships.

    mp/m

  11. #11
    SitePoint Member
    Join Date
    Nov 2005
    Posts
    4
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Ok that sounds like a plan


    Quote Originally Posted by zivo
    Even though you don't have it specifically in writing, you have an implied contract - he paid you for the domain names, thus he would think they are his.

    If you are concerned with him, there's no reason why you can't use formal written contracts going forward. You can tell him that you are working with all of your clients to formalize business relationships.

    mp/m

  12. #12
    SitePoint Zealot cpiwc's Avatar
    Join Date
    Aug 2003
    Location
    NJ
    Posts
    119
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    If there's concern about him not paying you for purchases you've made on their behalf, it may be better to associate his credit card with the purchases. Is it worth not getting repaid? And in the long run, if you are no longer associated with the company, they are going to have to hand over a credit card or give up the renewals/service.


Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •