The excitement that comes with discovering an idea, starting a business and a matching domain name can never be described. What happens when it is time to grit? What happens when it is time to put in the effort, hire a competent developer or outsource the entire web development project for your company? You tend to hire a web designer who registers your domain name and builds the website.
If the client isn`t satisfied with the website development services he can claim the ownership of the domain name even if he doesn`t settle the dues of the web designer. Registration of the domain name by web designer doesn`t make him the owner of the domain name in anyway. Domain is considered to be the property of the client. It is also attributed as part of the client's trademark.
What happens when you hire a bad one?
There is always the possibility of hiring a bad web developer. If that is the case, ensure that the developer is open to communication as that is the key to recovering your website and money.
If the developer is in communication with you, politely ask for the login details to your domain, hosting, and the webserver. Having this information is the key to canceling the project and finding another developer. If you do not have this, you will be left with three (3) upheaval tasks.
1) filing a claim with the domain name registrar. The claim can either be filed with the UDRP or with the TDRP. The UDRP will investigate if there is cyber squatting or abusive registration and fine the developer approximately USD $2000 if found guilty. This process usually takes two (2) months or more. To file with the TDRP, a transfer must have occurred. That is, you must have transferred the domain name from yourself to the developer and in this case, the TDRP will provide an impartial assessment to the situation. This assessment is to help them understand if there is a case of hijacking or interrupted service.
2) involve a Lawyer. A case of domain infringement falls under technology law. You can easily hire a Lawyer to draft a Notice of Infringement and possibly file a claim at the court. But, this comes with time and money.
3) buy a new domain name. Domains come with several extensions. You may opt-out for one or find a free partially identical name. Doing so may affect your business as your customers may be confused. In this case, the only option left is to hire a Lawyer!
So, to avoid these upheaval processes, all you need to do are:
1. Register a domain name yourself.
2. Do not share the login details at the domain name registrar with anyone.
If you do these simple steps, there will be no issue of domain name hostage by the web designer.