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jules69

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  1. Naive & need advice fast!

    I do understand - and no its not harsh advice at all.. its great advice. I never ever told the client I was experienced. She knew this was my first e-commerce website, and a new venture all together for me. I would love to learn how to build from scratch, I see other designers doing it and wish I could be one, but have no idea where to start. I dont see why I should take my website down though? I have removed all her images (well hours of work with photoshop correcting her ****e images) and taken her text off. Its my domain name - well my husbands actually. Surely she is a fool to get her new site built on the .com address of mine? Probably another naive question, but can I not sell my website on to someone else - or use it to sell online myself?
  2. Naive & need advice fast!

    Like I said.. naive.. now feeling stupid and gutted... I am learning from the bottom... this was my first website.
  3. Naive & need advice fast!

    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.templatemonster.com/help/copyright-template-usage. The following two sections are especially relevant: If I buy a template, do I have exclusive ownership of it? 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. Will I hold the copyright to a finished website? 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. Kind regards ******
  4. Naive & need advice fast!

    The site was down, which says to me she had the new designer working on his all the time she was arguing with me about payment, when it was live a few weeks ago. https://www.gov.uk/using-somebody-elses-intellectual-property this part is great! Thank you! I just cant believe some people... I wouldnt dream of doing what she has to anyone.
  5. Naive & need advice fast!

    Hi She has put on a facebook post who the website designer is, bought the domain name in her name and I know who is hosting the new site. I have contacted the hosting company - based in India via chat! They are looking into it and will get back to me... god knows when. Just a question though.. apart from the fact that the websites look identical, and mine has in the footer that it is copyrighted and owned by our business name, how do I prove all the work on it was mine in the first place, and show proof of ownership? I have back up files of the site, all the images used on it are royalty free ones, but edited and resized by me. The logo is a font that can be bought online by anyone. There is photoshop work that i have done on the site, that has clearly been copied, and all the text is the same as mine. I own the web domain, this was never transferred. I have written to the new designer asking him to take the site down as it is infringing on copyright laws, so will see what happens. Just want to get all my ducks in a row, and the advice on here has helped me so much - thank you!
  6. Naive & need advice fast!

    URGENT UPDATE!! Hi everyone... I know I have had such brilliant advice on here... but I need more as I am completely gob smacked at what has happened!! I have since agreed with this evil woman to pay her back £50 a month... it was her suggestion as she sent me an email saying Im a new business etc etc... as she said that she was going to get a new site built. I agreed. Ive taken my website down until Ive paid her back. The new site went live today. She has bought the .com version of the name I bought... and the new designer has copied to the exact same - my website!!! To the absolute of copying my logo.. my wording my edited (royalty free photos) the layout the shop the colours the total look and feel of my website.. they look near enough identical - everything.. What do I do? What do I say to this new designer and to her? . She has ripped my website off totally all my hard work for weeks out there copied everything... Im stunned that this can happen. I need advice on where I stand from you guys before I get legal advice.. This surely can not be right? This whole thing has left me feeling unwell and my work has been copied.. and ive lost money and business from all this... surely this isnt right?
  7. Naive & need advice fast!

    *UPDATE* Just thought Id share with you guys what the latest letter from her.. Ive ignored her for a couple days a) because I have been very poorly and sorting the cash for a full refund to her.. check out what she has put below! Still trying to call the shots on what is my work! Unbelievable! Be great to hear your thoughts.. and what you would put in response to this utter nonsense! :-) Thank you for taking the time to respond to the Chamber of Trade. I am not clear what you mean by ‘deregistering’ the domain name ..This implies that you will be releasing the domain name into the public realm. I would prefer for you to transfer the domain to my own hosting account, so that I may take ownership. I would not expect you to refund my registration fee in this regard. Therefore please could you let me know exactly what your plan is for the domain name. That leaves the question of the existing website, as I don’t understand what you intend to do with it. Are you going to take it down? If not then I really would need Wordpress admin access in order that I can ask the new web designer to implement some changes in order to allow me to run the site as I wish. If you wish to retain ownership of the website and are still unwilling to allow the new designer to have an admin account then I cannot implement the changes that I would like to make in order to trade online and therefore the website will be of little use to me and I would be forced to start again with a brand new website, which then means it is worthless to both of us. I understand that you have concerns with the ownership of the site and would like to assure you that I have no intention of removing your design credit from the site, nor ask the new web designer to take any credit for it. He is being asked purely to assist with configuring the site and provide ongoing training and will not be using the site in his portfolio. I would like to suggest that we can agree to keep your design credit and weblink at the foot of the website for a minimum period of 12 months. That should provide you with ample opportunity to use the site as part of your portfolio to help gain other business. It has been drawn to my attention that the text “owned by *your web design” at the foot of the site could imply that you are the owners of my business and run the shop yourselves. When we take ownership of the site I would remove this part of the text, keeping your credit as above, of course. If you are happy to release the site then you can transfer the hosting to my own hosting account. I would not expect to receive a refund for the web hosting costs I have paid. If you could tell me what your explicit plans are for both the domain name and website then I hope we can both draw line under recent events and move forward.
  8. Naive & need advice fast!

    The actual domain name is registered in my husbands name not mine.. so its up to him to decide if he wants to transfer it isn't it? I dont want her having the domain name either. We are going to try to get the money together... if she hadnt of gossiped about the price of the site, I would have had three local websites at least on the go now, and the funds to refund the witch.
  9. Best way to start a career

    Great advice! :-)
  10. Naive & need advice fast!

    If i had the money to refund her i would.. it was all used in the build :-( I want my company name restored & Yes you are right about her being vindictive.. I want to so desperately take the site down - Her comment of: "As a gesture of goodwill I am willing to forgo my full refund (offered by you on the 13th January 2017) “if anything you don’t like it, the full amount will be refunded, no problems” Gesture of goodwill!! This tells me she has actually realised to get a site like I have built with someone else, is going to cost her so much more. Awful woman.
  11. Naive & need advice fast!

    Hi This is what I acutally put into her first email: "In the excitement of talking about the design, I didn't really talk about the cost of setting up. Big apologies, my error! Most designers will be charging 50% of the total site upfront, which with the quality of what I will be doing will be over £1200+. But I need my portfolio up and running, and as long as you love the site once complete, all I ask is if you could recommend me to others, and not mention the price! The upfront costs are just what its going to cost me. If anything you don't like it, the full amount will be refunded, no problems. " She mentioned the price so broke this agreement. The site is running beautifully and i am very proud of it. Shes got the local Chamber of Trade involved now, a meeting infront of the whole town without me knowing happened a few days ago, slating my customer service and my work. They emailed me directly asking me to sort it out, and in my anger I sent this to them: "Could you please let her know that we will be refunding the cost of the site back to her, minus my extra hourly costs, which I will heavily discount for her, and also we will de-register the domain name, as she clearly is not happy. " Now I feel as if I should have waited until I saw your reply - bugger! I've hung myself out to dry now havent I? She is the most obnoxious person I have met. And it feels like I am being bullied into refunding or handing the site over or else her 'veiled threat' of 'I am sure you don’t want to be responsible for any negative feedback on social media'. feels like she will hound me. If i refund her minus my extra hours which are LOTS, and i can account for them all, then technically she wont be entitled to anything will she? This is what i thought in my hour of rage!
  12. Naive & need advice fast!

    Oh.. sounds complicated.. just still learning.. wouldnt know how to provide her with a copy minus the code.. that sounds like an excellent idea, and would give me complete closure. Being so new at designing - its hard to know who to ask for help :-(
  13. Naive & need advice fast!

    Hi Fisicx She did pay the £300 tho.. I dont have it to refund her as it was all used (and more of my own personal money) to build the site. Do you think its unreasonable to offer her a full refund (I did say this in my very first email to her if she wasnt happy) minus the extra hours I have put in on top of building the site? Which at £30 or £40 an hour - is only approx 7.5 hours of work.. and I did way more than that in time for her, for free.
  14. Naive & need advice fast!

    Please can you look at the post I just made.. she has sent me an email and Im unsure on how to respond :-(
  15. Naive & need advice fast!

    Hi Guys.. need advice again... is this woman for real?! I have tried to call this woman saying that I will refund her the cost of the website as and when I can afford it (she only paid me for the basic cost of the build) I made no money out of her and she cost me business locally. PLEASE let me know what you think of the below from her! Following your lack of response to the letter which you signed for on Monday 3rd April 2017. I have called once again, Trading Standards they are very aware of the situation. I have spoken with my solicitor, his best advice to you is to quite simply provide the requested information immediately to avoid yourself legal costs. As you are in breach of contact under the Supply of Goods and Services Act. As a gesture of goodwill I am willing to forgo my full refund (offered by you on the 13th January 2017) “if anything you don’t like it, the full amount will be refunded, no problems” for the information requested for a second time in my letter dated the 31st of March 2017. All I ask for are the log in details for the back end of the site so I can then forward on to Stuart for the professional completion. As you are aware, I have a competition running the entry form to which is downloadable from my website. I am sure you don’t want to be responsible for any negative feedback on social media. I trust you will be reasonable with the above and be at pains to remedy the situation. Any advice on how to shut this woman up I cant afford to pay her, and out of principle now, she is not having the website. Am I wrong?
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