3 and a half years ago I paid for a website to get built. It got finished in November 2007 and they hosted the website until Feb 2009. In March 2009 I asked to get the information so that I could change the files to new servers. Nothing came back from this.

Last month I asked again for the files as id found Free Hosting and they sent me some files. They used an old script called OSdate and they modified it so it was like my website. The files they sent were the original OSdate files and they are free open source software that is available on the net. No updated or nothing to do with my site.

The important files were removed so it was unable to be loaded to my server, but we got it working to find this out. I went back to the company, but they said that these were the only files that they have.

I paid £2.5k including VAT for this website, I know its taken a while to get the website set up on my own server but do I have a case to push legally to get them to send the work that I paid for or to get a refund.

I still have the tender document (None of which has been done as they used a free dating script) and also both invoices. I also have the recent files that they sent me.

The company is a limited company and they were using developers from Sri Lanka, he is now a one man band, but still a trading limited company.

Any advice on this matter would be much appreciated. I know its been a while since I commissioned the website, but ive never seen the files only a beta website that they ran from their own servers.

Is there anything in the contract that specifies who owns the code and how it would be delivered? I'm thinking of things like "build and host of site for two years" is different to "build site and provide backups" etc. Bad example but hopefully you see what I'm thinking.

Only seeing a beta.... is that what the dev called the site? So there was no sign-off on completion of work then? In which case I would imagine you'd have some weight to push for completion of work to satisfaction/refund or some compromise agreement (eg partial refund).

The thing is the time issue. It's only when you have come to move it that you have discovered these problems. Why didnt you ask for the files or acces to copy them, at the time?

There is an element of you being responsible for getting this from your provider, as not all web designers send you a full copy of your site once done, though they might give you FTP access and then its your responsibility to do a backup. There are some that don't even do that, you have to ask and even then, they begrudge letting you have any control and access when you have paid for an outright website design and development.

If you went from 2007 to 2009 quite happy with the site (you dont mention any problems in this time period) then a court would likely agree that you were happy with what was provided to you as you did not take up any issue with not receiving what you paid for and therefore it might be seen as out of reasonable time for a claim.

Let's just say for example a web designer failed to add a sitemap and you didnt notice for 2 yrs then you remembered and tried to get them to add it later, much much later, they could rightfully argue that your failure to notify them in a reasonable time frame of the completion date was your acceptance of the work provided. And you should never agree to go live/sign off, if you know the brief hasn't been met, in fact, at the first stage an element of te brief has been met, you shouldn't continue to the next stage until you are happy.

For example we do a mock design and we never move to development of that desgn until it is signed off as satisfied and approved by the client. That protects you both. Likewise it does not go live until all aspects of functional development is completed. I mean, would you drive off a forecourt with a car if it was missing the spare tyre, or had an oil leak or the boot wouldn't lock?

3 and a half years ago I paid for a website to get built. It got finished in November 2007 and they hosted the website until Feb 2009. In March 2009 I asked to get the information so that I could change the files to new servers. Nothing came back from this.

Last month I asked again for the files as id found Free Hosting and they sent me some files. They used an old script called OSdate and they modified it so it was like my website. The files they sent were the original OSdate files and they are free open source software that is available on the net. No updated or nothing to do with my site.

The important files were removed so it was unable to be loaded to my server, but we got it working to find this out. I went back to the company, but they said that these were the only files that they have.

I paid £2.5k including VAT for this website, I know its taken a while to get the website set up on my own server but do I have a case to push legally to get them to send the work that I paid for or to get a refund.

I still have the tender document (None of which has been done as they used a free dating script) and also both invoices. I also have the recent files that they sent me.

The company is a limited company and they were using developers from Sri Lanka, he is now a one man band, but still a trading limited company.

Any advice on this matter would be much appreciated. I know its been a while since I commissioned the website, but ive never seen the files only a beta website that they ran from their own servers.

I'd argue this is not something the forum can possibly answer as this is a contractual dispute based on a tender document, invoices issued and invoices paid; you need to speak to a solicitor.

Who can recommend anyone to help (the company we have used I will not recommend as one of their solicitors lied and cheated on her husband and I've taken a stand about this ;))?

I'd argue this is not something the forum can possibly answer as this is a contractual dispute based on a tender document, invoices issued and invoices paid; you need to speak to a solicitor.

Who can recommend anyone to help (the company we have used I will not recommend as one of their solicitors lied and cheated on her husband and I've taken a stand about this ;))?

almost any solicitor dealing with commercial law would be able to offer some advice most will give a free 30 min consultation

looking at the osdate website, i'd suggest what you need is the database backup and the config file(s) which holds database connectivity information and such like.

OSdate uses smarty template engine and you also need all the .TPL files too.

Thanks for the replies people.

I think the key will be the tender document. I'm not saying I wasnt happy with the site when they were designing it, it looked brilliant it just didnt do what was said.

Also alot of the stuff that was in the tender document was actually already in OSdate, so they never actually designed any of that part.

I'd be happy to get the work they have done, but at the moment it doesnt even look like I will get that. That is my main concern. The times that the site was on their servers was the time that they were working on the site.

The only thing that they built themselves (The forum) was the main thing that didnt work. It basically worked the wrong way round and it looked awful.

I think it definately looks like a matter of speaking to a contracts solicitor and taking advice from them.

Again, thank you all for your help and feedback.