Make sure you ask for what you want

Posted by Ed Nice on 1 October 2009 | 0 Comments

Tags: web sites, web design, clients, managing expectations, IP, intellectual property, source, source code

This is a cautionary tale.

When somebody does something for you, make sure that you ask them for everything you want and need.

In a perfect world, anybody who uses a product or service should be able to rely on the provider to ensure they are getting everything they will need.

The provider should be able to fill in the gaps between the consumers' knowledge and the required skills, knowledge or experience required to get the most from their contract or purchase without actually knowing everything they are likely to need up front.

Unfortunately, this doesn't seem to happen as often as it should.

...and who are the losers? Well, our clients for one, but I am also frustrated by the damage it does to this unregulated and largely fragmented industry we work in.

I will be a little more specific.

I'm not really talking about products we sell but about services and what we need to provide to our clients to fill in the knowledge gaps.

I'm not talking about the 'This electric drill you sold me, nobody mentioned I needed electricity...' kind of scenario, but in cases where a client instructs you to create or build a web site, there is far more to this than just providing the html/css and walking away, no matter how good your work is. Clients deserve more from us. More clarity, more details and most of all, we should work harder for their trust.

Now I am being slightly unfair, as this isn't entirely the providers fault. Clients should be more insistent on getting information and explanations about anything they are unsure of.

So what are the common pitfalls in these situations?

The most common issue arises from ownership. This can be domains, hosting accounts, source code or nything else that is covered by copyright or intellectual property rights.

The finer points of ownership are beyond the scope of this post, but simply put, if you buy a domain, you own it. Not the person who holds its TAG or the reseller who sold it to you. You should ensure and insist that the domin is registered in your name or that of the entity you purchased it for.

The same goes for hosting. For the agreed period of your contract with the hosting company, you 'own' that part of the internet. You are permitted within the law, the hosting company's policy and the services the ISP provides, to do with it as you will. This includes access to any part that you would usualy and rightly expect.

Problems with hosting occur when the people who have done your web site suggest they will 'host it for you' or as an 'included' part of the job. This is fine, provided they manage it for you or extend to you the same access that you would normally require from a service provider. Some times, companies don't let you have access to hosting accounts because it is their policy. Again, as long as you know this and they are prepared to add analytics, give you stats or do anything else you might normally do with hosting, that's fine.

The biggest issue people have is with ownership of the code or website scripting. Again this is something outside the scope of this post and if you are in a situation where IP or copyright is in contention, you must consult a legal professional.

For ownership of a web site or source code, as a rule of thumb, if you instruct somebody to do work on your behalf, they are essentially creating something at your behest that will be passed to you as a finished product. To ensure there is no ambiguity or argument over the ownership of a web site or source code, you must ask the provider directly about this. It is often a good idea to receive a copy of the finished work on cd.

There are some exceptions to this of course.

Sometimes providers will use open source applications released under license into the public domain as the basis of a project, as we sometimes do.

This application and source code is as much yours as it is theirs, but you will need to check what restrictions are imposed on the templates and additional work carried out by the developer.

You may have work carried out that is based on a commercial application, such as Immediacy. In this case, you will not have any rights to the source code, but will most likely own the 'design' that is created for you. Again, ensure that you ask.

If I were a cynic, I would say that many companies attempt to tie you in with difficult, unclear or unmentioned clauses. If you don't insist on what you require before you start a project, it is unlikely that you will be able to get your requirements met once it has finished.

If you employ an I.T. development contractor, a freelance designer or copywriter, all the work they do on your behalf retains your intellectual property rights. This is normally stipulated by the terms of a contract. So if you have a company that does work for you that involves html, css or programming source, make sure that you know where you stand.

Some companies will charge more if you want the source code. Some will not want to or not be able to provide it. This isn't necessarilly a bad thing, as long as you are aware of this before you instruct them.

Don't get me wrong. There are some really great companies out there [like us. sic], lots of good ones too, but there are a small number who, either through ignorance, idleness or sheer over familiarity just gloss over the things that might be more significant to the client, who is blissfully unaware of it waiting to bite them in the proverbial in a few months time.

Most web design & development companies are open and clear about most of these things, including copyrights and ownership of source code.
Most web design & development companies will happily talk about the technology and libraries they are using.
Most web design & development companies will offer advice on your needs and will mention many things that you had not realised.

And remember, Make sure you ask for what you want...