Selling the software/hosting or getting a refund

[empsburna]

After a disagreement with the proprietor over a few issues I need to get back some of the money I have shelled out for them purchasing a copy of v8 and 12 months secure hosting - what are the legality's of this?

I'm pretty sure I paid too much for it too! ( I think that's one for the support guys!)

I've had no end of issues getting it setup and working correctly (I don't think it even is now!)

if it does have a resale value what is it likely to be (including domain name and everything associated with it)

[LooseDrumSticks]

Not sure, but we've all got a copy!

[jont]

After a disagreement with the proprietor over a few issues I need to get back some of the money I have shelled out for them purchasing a copy of v8 and 12 months secure hosting - what are the legality's of this?

This all depends on what is in the contract between you and the site owner?

The software is licensed to a specific domain - as such re-selling the copy on is often impossible. The cost issue is between you and whoever you bought it from - again recourse will depend on what terms & conditions you agreed to the time of purchase. As the software is quite readily available - even from the creator - I would be very surprised if you paid over the usual selling price for it. Again - you need to take this up with the vendor.

The cost of domains and content are notoriously difficult to value. By the sounds of it the site is very new and possibly not functioning correctly. There could also be trademark and content copyright issues with the current (previous) owners of the site. There has been a discussion about this previously (I think in the other business section) which outlines some of the guidelines towards valuing a site.

From the little info you have provided I think you are going to be stuck with the cost of the software and the hosting unless you have something in the contract which states they were to pay for the hosting and the software as part of the arrangement ... it is usual practice for the site owner to purchase the software and the hosting in their name ... if this is the case you can enforce they refund you the money in exchange for the software and hosting. This would be via the Small Claims Court if they did not settle ammicably.

[empsburna]

It has all become very messy - I'm trying to work out my options - it seems i'm stuck between a rock and a hard place!

[chris ashdown]

I would suggest the first thing is to get the software up and running as expected using the assistance of this forum, nobody is going to purchase something that does not work properly

Unless you have made dramatic alterations to the basic sites this should not be to hard to sort out

Then sort out where you stand with your purchaser in legall terms i.e. who owns what

Then again ask here or elsewhere for help

[empsburna]

There are issues getting the site up - since the upgrade the images don't display correctly when added to product listings (if they display at all)

Maybe I should set aside some more time to sit down and get it working.

[chris ashdown]

If you come back with the URL, History and specific problems and what you have done to try and solve them, I am sure someone will help

[Mike Hughes]

Talk to Actinic sales. If the site has never been live then you might find them sympathetic to your situation.

Mike

[pinbrook]

After a disagreement with the proprietor over a few issues I need to get back some of the money I have shelled out for them purchasing a copy of v8 and 12 months secure hosting - what are the legality's of this?

I'm pretty sure I paid too much for it too! ( I think that's one for the support guys!)

I've had no end of issues getting it setup and working correctly (I don't think it even is now!)

if it does have a resale value what is it likely to be (including domain name and everything associated with it)

I'm not sure what the real problem is here...

if you have fallen out with someone whom to were designing a site for - I don't blame your client for wanting to bail out if you can't get the promised job working properly - you really should try to finish the job and get paid for it. Ideally you should have a contract in place which outlines the job spec and expectations.

However if you are at a point of no return and there is no trust left between you, you could possibly get permission from actinic to re-sell the software - s long as it has never been used for a live site - you will have to phone actinic to discuss these options.

As for the domain name if it is particular to your client you will not be allowed to cybersquat it but if your client wants the domainname he has to buy it from you but at cost rather than any figure you make up - if it is generic you could possibly sell it on if you can find a buyer.

The only thing you can do with the hosting is find another client to sell it to assuming you have bought it in your name.

The moral of the story here is to get a contract in place before you start and job. I tend to build the cost of the software into an upfront fee, and tell the client this is what I am doing - thus the software is registered to them and its paid for before the job starts.

[empsburna]

Thanks for the advice all.

[RuralWeb]

The moral of the story here is to get a contract in place before you start

and get payment up front to at least cover any expediture. It may be easier to chalk it up to experience!

[empsburna]

and get payment up front to at least cover any expediture. It may be easier to chalk it up to experience!

I will be - it has been a very expensive learning curve!

Now, anyone want to buy a website

[RuralWeb]

If you bought the software in your business name ie as a designer then you should be ok to use it for another client as long as it has not been uploaded. I would give Actinic sales a call and have a chat - they are usually pretty good about things.