Just to keep you informed this is what I have had from the new website designer......
Very many thanks for contacting me.
I am somewhat concerned that you are misinformed about your “exclusive copyright” with regards towww.*****.co.uk. So please let me verify a few details.
First of all no files were copied from your server. There’s no need for me to do this as installation of a Wordpress/Woocommerce website not only takes literally minutes to do, anyone has permission to do so. This is how the new website (www.*****.com) was put together. You have no copyright claim over any Wordpress or Woocommerce installation, and your website has not been plagiarised as a result of installing Wordpress and Woocommerce.
Secondly the template that you installed (Organica by Template Monster) is bound by various terms and conditions as part of the license that you paid for (be assured that I have a valid licence for the same template). I would direct you to their website for specific copyright clarification:https://www.template...-template-usage. The following two sections are especially relevant:
You will get exclusive ownership only in case purchasing the template by unique price, and you will get it on your customized website, as for original template files, copyright remains ours.
The initial design copyright remains with the original template designer. If royalty-free images are used within the template, the copyright for those images remains with the original photographer or illustrator. Any text and original images which you include on your pages belong exclusively to you and you hold the copyright on those items.
Thirdly you hold no copyright over the content of the website (pictures, text, product information etc). The pictures were taken by ****, and text on the product information and other pages was written by her, therefore you hold no legal claim over any of this as copyright remains with the photographer and text copyright is with the original author.
I therefore find that your claim to “exclusive copyright” of www.*****co.uk is misleading at best. In fact, the text “****… …is owned by ***** Web Design” at the footer of that website is wholly inappropriate and implies that ***** actually own the ***** business.
You have already been asked to take the www.******.co.uk down as it is no longer the official website of **** (Place name) and I see no reason why you shouldn’t comply. However, if you choose to keep the www.*****.co.uk site online I would recommend that you immediately remove all of the text and image content from the www.*****co.uk website to avoid copyright breach as outlined above. *** will formally request that you do so.
In summary you have no copyright claim over the new website, www.*****.com, your accusations of plagiarism and theft are baseless and it is you who is in breach of copyright by having ****** content on your website without permission.
On a personal note, common sense should prevail in this matter, and therefore you must accept that you **** is no longer your client, and as a result you do not have the authority to run their website and therefore you really ought to take it offline, chalk up the whole matter to experience and move on.
Wait so you didn't design the template? if that's so then that kinda changes things all together