web designer refusing admin login Help

[iqbal77]

I was planning to start new e-commerce business.

I hired web design company to design my e-commerce store.
I have discussed every thing about design time was set for 4 to 5 weeks .
Design was not what we discussed specially product pages.

They offered to add 30 products and will show me how add ,edit product
how to operate site which they never did.
50% deposit was paid and remaining 50% will be payable before go live.

once web site gone live i realize issues product image was showing up half awful on mobiles view and tablets.
they required remaining balance before the can do any work .


I needed go live just don't want create any argue
so paid the balance in line that any changes required they will and i have emailed from them to prove .


Since they got the money ignorance start no answer my phone calls.



so i requested them to provide me admin login details so i can do myself or pay somewhere else to do the work.

They refused me admin login details and set up as a user only
Stating that they don't give out admin login details
their explanation was that you can change what you like and some thing go wrong you will blame on us .

I have contracted just only to design the website.Regard less of whatever they design all i asked them to handover me website so i can move to different host.
I send them emails to for legals action their reply is to go to court and they will treat this email as pre-court letter.I have paid them in full nearly 3 month now and still no website .is their any need to speak to them any more? i have made them clear that i don't trust them and i don't want to work them any more..

My only option is pay someone else to do website and then charge them for cost of new website +full refund and compensations (financial loss)

I need to go live to make some money other wise i will be in serious debt to creditors.
I have got every thing in writing all the correspondence was done by emails.

if any one can help me how to go around from this point?

Thanks

[Amethyst]

Re: web designer refusing admin login Help

In your original spec was it detailed that the site should be optimised for mobiles/tablet - responsive etc ? and in which browsers ? (IE/FF etc)

You'll likely need to read through your statement of works and contract to find out what you agreed on access to the site before you can go any further regards legal action to obtain the ''keys'' to your site.

Are the same company also hosting your website?

[iqbal77]

Re: web designer refusing admin login Help

Thewebsite, graphics and any programming code remain the property ofxxxxx x until all outstanding accounts are paid in full.
AnyDesign, scripts, cgi applications, php scripts, or software (unlessspecifically agreed) written by xxxxxx remain the copyright xxxxxx(UK) and may only be commercially reproduced or resold with thepermission of xxxxxx uk.
Note:Pleasenote the above clause does not mean we own your website, all content,design and the website as a whole will be in your control andownership, the above clause simply means you are not allowed toreproduce our work, resell or claim it’s your design work, you cansell the website as a going concern which would not infringe ourcopyright.
xxxxxxxaccepts no liability for any copyright infringements caused bymaterials submitted by the client or used by the client in the futureon their website

Thanks for your reply .here is the part of agreement .which prove my owner ship of website.
yes the hosting is with same company.

[Amethyst]

Re: web designer refusing admin login Help

the website as a whole will be in your control and ownership

Yep that sounds clear enough. All your outstanding account is paid. They aren't asking you for any further monies? No ongoing work ?

Do you have server access ?

[iqbal77]

Re: web designer refusing admin login Help

yes all the balance was cleared in july .nothing outstanding from my end. i have send them emails stating there is few changing need to made and they was agreed by emails.but later they denied that and refer me to their contract which is
Upon full payment, it is deemed that the project has been completed to the clients satisfaction and no refunds can be offered.
They director of company very rud and keep telling me take legal advice over and over again.He knows i need website ASAP.

[Amethyst]

Re: web designer refusing admin login Help

Okay so you would be suing for specific performance - ie the hand over of the keys to your site.

How much approx did the site build cost you? and do you know if it is custom or on an existing platform?

Do you have server access?

[iqbal77]

Re: web designer refusing admin login Help

no i don't have server access ,they are hosting with different company and i emailed them as well and explanation situation but no help from them as well. all they they contacted on my behalf and will let me know any outcome.My main concern is go live as it as festive seanos i will have more chance to get some sales .last thursday they asking me send email that they will not liable for any file or data loss during transfer etc which i feel like they wii mass things up for me .However i send them emails the way they wanted but still no reply from them.
I am starting new business where i don't know to much about this kinda stuff and they are making more difficult for me.
basically i am this stage to just start new there is no guarantee that their website will work properly the way things going on.

[iqbal77]

Re: web designer refusing admin login Help

cost of £995.00 it should be custom made thats what they said on their website.Wordpress,woothemes

sue them for
key of website
or full refund +cost of new website because of their action i have to pay someone else to do the job and times will take to build new website ie. financial losses.

[Amethyst]

Re: web designer refusing admin login Help

Can you access the website at all ? Is it available publicly from the URL without password currently? Do you log in an a user or as an editor ? ( ie do you get the WP control panel when you log in?)

Do you have a new hosting company sorted and ready to transfer the site to ? Might be worth a chat with them about having it transferred and explain tot hem to problems you have had ( bear in mind you do get what you pay for with hosts so if you're going down the £4.99 a year hosting you shouldn't expect much/anything in the way of service) - They will need the Admin login for wordpress and the server access though - which you should have had anyway. So what was the last communication from the design co ? and that was on Thursday so they might get back to you today or tomorrow.

Try a last ditch letter - will give you a hand with it. Will need the full contract too.

cost of £995.00 it should be custom made thats what they said on their website.Wordpress,woothems

okay so customised wootheme on wordpress platform.

PM me a link if you like.

[iqbal77]

Re: web designer refusing admin login Help

i am set up as user .I can edit any thing in the shop,no access to c-panel .The problem starts when i wanted make few changes and asked them admin control basically they want me to pay them to the work which i refused from their they turn nasty.I wanted my own personal ssl certificate plus plugin i want to install i want to be my own so i can update dont have rely on them and paid their prices.
i have got new hosting company to migrate and thats the reason as well they don't want to give me admin login . I have told them that just give me admin control so i can migrate
it was free hosting with package for first year.My new hosting company as aware of that but without admin it will be hard to migrate the site.last email i have send them on friday to provide me admin detsils but no respons from them yet.The director of company is very rud and argumentative .i will post full contract once i removed their details.
thanks for your help.

[iqbal77]

Re: web designer refusing admin login Help

General
xxxxwill carry out work only where an agreement is provided either byemail, telephone, mail or fax.
An‘order’ is deemed to be a written or verbal contract betweenxxxxxx and the client, this includes telephone and email agreements.
WebsiteDesign

Whilstevery endeavor will be made to ensure that the website and anyscripts or programs are free of errors,xxxxx (UK) cannot acceptresponsibility for any losses incurred due to malfunction, thewebsite or any part of it.
Thewebsite, graphics and any programming code remain the property ofxxxxx (UK) until all outstanding accounts are paid in full.
AnyDesign, scripts, cgi applications, php scripts, or software (unlessspecifically agreed) written by xxxx remain the copyright of xxxxxand may only be commercially reproduced or resold with the permissionof xxxxx(UK)
NOTE :Please note the above clause does not mean we own your website, allcontent, design and the website as a whole will be in your controland ownership, the above clause simply means you are not allowed toreproduce our work, resell or claim it’s your design work, you cansell the website as a going concern which would not infringe ourcopyright.
xxxxaccepts no liability for any copyright infringements caused bymaterials submitted by the client or used by the client in the futureon their website.
Wereserve the right to refuse any material of a copyrighted natureunless adequate proof is given of permission to use such material.
Anycoding additions to website briefs provided will be carried out atthe discretion ofxxxxx(UK) and may carry an additional cost. Where nocharge is made by ixxxxx for such additions, xxxxx acceptno responsibility to ensure such additions are error free and reservethe right to charge an according amount for any correction to theseor further additions.
Regardlessof time taken, any additional works carry a minimum charge of 1 hourcurrently at £30 per hour
Theclient agrees to make available as soon as is reasonably possible toxxxxxx (UK) all materials required to complete the site to the agreedstandard and within the set deadline.
Xxxxxwill not be liable for costs incurred, compensation or loss ofearnings due to the failure to meet agreed deadlines.
Xxxxxwill not be liable or become involved in any disputes between thesite owner and their clients and cannot be held responsible for anywrongdoing on the part of a site owner. eg. Any disputes recontent/images that have been provided to us for inclusion on thesite.
Xxxxwill not be liable for any costs incurred, compensation or loss ofearnings due to the work carried out on behalf of the client or anyof the clients appointed agents.
Xxxx will not be liable for any costs incurred, compensation or loss ofearnings due to the unavailability of the site, its servers, softwareor any material provided by its agents.
Xxxxxwill not be liable for any direct, indirect, consequential, specialand exemplary damages, or any damages whatsoever, stemming from theuse or performance of a client website or from any information,products and services provided through client sites, even if thiswebsite has been advised of the possibility of such damages.
• Inthe absence of any negligence or other breach of duty by us, your useof our client websites is entirely at your own risk.
• Ifwe are in breach of the arrangements under this agreement, we willnot be responsible for any losses that



Inthe absence of any negligence or other breach of duty by us, your useof our client websites is entirely at your own risk.
• Ifwe are in breach of the arrangements under this agreement, we willnot be responsible for any losses that you suffer as a result.
• Wedo not have any liability of any sort (including liability fornegligence) for the acts or omissions of providers oftelecommunication services or for faults in or failures of theirnetworks and equipment.
Xxxx will place footer text linked to the xxxxxx website to all websitescreated by xxxx xxxx unless expressly agreed prior to contract. Thislinked text may not be removed and must remain in place at all times.Any removal of such link will place the client in breach of ourterms.
PaymentTerms

Xxxxxx requires a non-refundable deposit of 50% upon forming of thecontract on all of our projects and before any design work will becarried out.
Theremaining 50% balance will be due within 30 days from the forming ofthe contract or 3 days prior to going live, which ever falls sooner.For larger projects that are estimated to go over the 30 days,payment extension terms will be granted.
Thedate of completion will be deemed as the date the design of the sitehas been completed to a sufficient state in order to hand over to theclient in either a fully completed, or fully designed solutionawaiting clients input of data. Xxxxxx (UK) will not accept delay inpayment due the client not fulfilling their content obligation.
Theclient remains fully liable for the full design and development costsin full whether they choose to complete the project or not.
Uponfull payment, it is deemed that the project has been completed to theclients satisfaction and no refunds can be offered.
Database,Application and E-Commerce Development

Xxxxx cannot take responsibility for any losses incurred by the use of anysoftware created for the client. Whilst every care has been taken toensure products are problem free and accurate, the ultimateresponsibility lies with the client in ensuring that any third partysoftware they introduce is functioning correctly before use.
Anyscripts, applications or software (unless specifically agreed)written byxxxx (UK) remain the copyright of xxxxx (UK) and mayonly be commercially reproduced or resold with the prior permissionof xxxxxx.
WebsiteHosting

Xxxxxprovide a range of website and email hosting and are a UK authorisedreseller of such, we recommend our own solutions due to reliabilityand history of compatibility of softwares used.
Youmay opt to have your site hosted elsewhere, where applications orsites are developed on servers not supplied by xxxxxxxx the client isexpected to provide or seek any information, additional software,support or co-operation pertaining to the server required in orderfor the application to be correctly developed. Where largeapplications are to be developed, it is the clients responsibility toprovide a suitable testing environment which is identical to thefinal production environment.
Xxxxxxxaccepts no liability and can not provide technical support for anyissues or errors occurring from third party hosting solutions.
Paymentfor xxxxxx hosting is charged on an annual basis. Failure to payhosting charges when due will result in immediate suspension of thewebsite until such time that any arrears for hosting are brought upto date. Please note – If suspension is required this may causeadverse effects to your current search engine listings, xxxxx willnot accept any such liability due to any adverse effect suspensionmay cause.
Wemay on occasion offer a monthly hosting charge, although payingmonthly the hosting remains on a 12 month contract minimum,cancellation prior to full 12 months will result in the balance forthe year becoming due.
Where“bugs”, errors or other issues are found after the site is live,xxxxx will endeavor (but is not obliged to) to correct these issuesto meet the standards of function outlined in the brief
Compatibility

Xxxxxxwill endeavor to ensure that any developed/designed site orapplication will function correctly on the server it is initiallyinstalled in and that it will function correctly when viewed with theweb browsing software Microsoft Internet Explorer and to anacceptable level with Mozilla browsers, such as Firefox. Xxxxx (UK)can offer no guarantees of correct function with all browser softwareas they constantly change.
Xxxxx(UK) reserve the right to refuse to handle in any way, material whichmay be deemed offensive, illegal or in any way controversial, andalso to terminate any web hosting service we provide for clientsshould the necessity arise.
WebsiteOptimisation

Dueto external factors, such as changes to the way search engines rankwebsites, we cannot offer any form of guarantee regarding theposition we will achieve for websites.
Theprocess of optimising websites itself will bring in more traffic andhits and you’ll see visits increase to your site naturally. Wecannot accept liability for any change in rankings, or drop off inthe position of your website due to changes in the algorithms of thesearch engines or the factors that they use to rank websites.
Weuse ‘white hat techniques’ when optimizing websites and alwaysaim to achieve a top ten ranking for your website within six monthsof undertaking the optimisation process. Due to the work involvedpayment is generally required in advance and we are unable to offer arefund of any monies to clients in relation to this type of work.
Xxxxxxreserve the right to refuse to handle in any way, material which maybe deemed offensive, illegal or in any way controversial.
Marketing

Byentering into this contract you are giving xxxxxx express andunconditional use of your websites images and screen grabs to be usedin any marketing material that xxxx UK choose to use.
Alink to xxxxx website/websites will be placed in the footer of eachwebsite we design. You agree to not amend or remove this footer linkfor the duration in which you use our design works.
YourPrivacy

Wedo not share or sell any of your details with third party companies,without your express permission and we will only email you or contactyou about work related matters. See ourPrivacyPolicy

[iqbal77]

Re: web designer refusing admin login Help

i have posted agreement above and thats what we agreed.
ebsite Design and Build

• Tailored Ecommerce Website design based on your preferred style or we can create brand new styling
• Transfer of current products or upload of product information (up to 20 products)
• Fully responsive website layout, so it works and looks its best on mobiles, tablets and desktops
• Built Using the latest in CMS editing and combined with market leading Ecommerce system
• Add/edit unlimited pages for your business like about us, contact us and other information pages
• Fully SEO optimised website with correct page formatting, XML sitemap submission and ability to edit metadata to improve ranking results
• Allow customers to create their own account or to checkout as guests
• Built in blog, keeping your customers and your website up to date
• Built in contact forms with optional/editable fields - create custom contact forms
• Integration of social media platforms like facebook, twitter and includes both ways
• Optional auto posting of blog entries to social platforms
• Full set up of hosting and database

Managing your Products

• Add unlimited products, category creation and product image uploads (you have the ability to then add as many products and categories as you need)
• Create Standard, variable (multiple option products) or even downloadable products
• Create variants to each product, colour, size etc, allows for individual images, product codes and pricing for each variant
• Complete Stock and inventory management, create email warnings on low stock and allow or disallow backorders
• Upload featured images, and additional gallery of product images
• Place products in one or more categories, and assign attributes like Brand or same type etc
• Control other related products or up-sell products
• Allow customer reviews and manage reviews
• Front page auto generation of most rated products and other product layout options

Managing your store

• Simple and intuitive order management, with auto emailing
• Full two way integration with payment processing, Paypal as standard other gateways available upon request
• Built in marketing option like coupons with the ability to add any type of % discount or product discount, set time limits
• Full sales reporting, find out sales total, best selling products and many other reports
• Manage shipping options and pricing
• Manage different settings for how products are displayed
• Manage TAX and VAT settings

[iqbal77]

Re: web designer refusing admin login Help

HI Amethyst
I have got website back from them but they make very difficult for migration.The file they send me the design file was missing .which they insist they have send after couple emails they send me css code for design.Now website is not performing at website suppose to mobile friendly but its not mobile friendly at all product pictures is not fitting in the frames which is was lay out issue whuch they will sort it but they didn`t .They are not responding to any email what so ever.I have had enought now.I have given them option to sort their mess out or refund the money.There answer is bascially no.
if you can help with that to take legal action against them .I am familiar with court procedure so I am not afraid to fight.Company name is finely design uk.
I need to build water tight case any help will be appreciated.
I have looked at their contract is their any unfair term of contract ?
I have paid money by credit card any se75 claim.But it was paid through paypal (I have paid through pay pal checkout from my credit card as a guest checkout and it was invoice payment to their company name)
thanks
iqbal