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kingalan1
Community Member

Upwork Developer Claiming Ownership of Website I Paid More Than $50,000 to develope

My Upwork  developer added Schema attribution to their website pointing there website. I never approved the attribution. I asked them to remove it. They are refusing. 

I also asked them to remove all mentions of their website in my code. I own my website, and in my opinion it is not for the developer to decide what code will display on my website. Can I get Upwork to intervene in my favor? 

THIS WAS MY DEVELOPERS RESPONSE TO MY REQUEST

 

 I did not agree to this, that's why it was not removed. I explained that it's a normal practice, and it's not a lie that I developed this site from scratch, Moreover, I used my custom solution that was also invented and built by me, my intellectual property. We did not sign any contract before the contract started that said I should not put any relevant mentions, I am not a third-party supplier either. Where does the problem lie?

11 REPLIES 11
abhi_gyan
Community Member

You have the website, you have the code. Get it removed yourself or hire a developer who will do that for you.

Typically it is a standard practice for development company to add it's website link. However usually that happens for smaller companies, small websites only.

But still it is pretty easy to remove the reference yourself.

It would be more beneficial if you can provide more details about your website like the technology it is built on, who is hosting it, who owns the domain etc.

Thanks so much for your response!!! 

I own the domain. The site is hosted on WordPress. The domain is www.metro-manhattan.com

My website receives more than 30,000 organic visits on Google. You will see the code mentions metro.profi.dev over and over again:

So leaving this reference would give potential competitors information about vendors I am using. Furthermore the developer is essentially claiming ownership of an asset I have paid more than $50,000 to develope? To add insult to injury, if I don't own the website, and I cannot sell. Selling the website was a key to my retirement planning. 

The developer also provides support and transferring the site to another developer has its own set of risks. 




Also metro.profi.dev is probably the dev version of your website and your developers used it for development purposes and for showing you demos. Ideally they should take it down after the project has closed but they might keep it to show case to their other potential clients. You can request them to take it down. In any case it will be soon showing outdated info. As long as it is not indexed by google, you should not have any penalty from them.

kingalan1
Community Member

Also, I forgot to mention we host the site on Amazon AWS. 

As long as you are hosting it, you paid the domain registrar for the domain and you alone have control panel access to AWS account as well as word press control panel access, you are safe.

abhi_gyan
Community Member

If you own the domain, and you paid via Upwork, the developer cannot claim any IP on it. Also it is in Word Press. Developer doesn't have an IP to that. Besides I am sure I have read somewhere in Upwork T&C that the IP always resides with the client who is paying for the work unless specifically mentioned and agreed upon.

Having said that, I did validate your website home page and a random listing page and saw the author information as profit.dev
They probably are using some kind of schema tool and you should be able to edit that information from your control panel yourself.
While technically they did nothing wrong, they did create the page or write the content so they are the author but they cannot claim IP on it and you can edit / remove that information easily from the wordpress control panel.

kingalan1
Community Member

The developer refuses to remove the schema code, and there are links to a style sheet. They are getting hostile when I make the request to remove this information. 

I have invested more than $58,000 and I am getting very nervous about this. Do you know if it is possible to reach out to Upwork and actually speak with someone? 

I have been trying for hours to talk to someone and I just get recorded music. 

 

RESPONSE FROM DEVELOPER TO MY REMOVAL REQUEST:

I did not agree to this, that's why it was not removed. I explained that it's a normal practice, and it's not a lie that I developed this site from scratch, Moreover, I used my custom solution that was also invented and built by me, my intellectual property. We did not sign any contract before the contract started that said I should not put any relevant mentions, I am not a third-party supplier either. Where does the problem lie?

 

 

 

Hi Alan,

 

I'm sorry to hear about your experience with this freelancer. We saw your post in the community and converted it into a support ticket to give it the attention it deserves. Rest assured that one of our agents will be reaching out to you.

 

~Andrea
Upwork
marc_compte
Community Member

Maybe there is reason to be worried, but I wouldn't be so concerned.

 

From the response you showed us I don't necessarily see they claiming ownership over your site. They mention IP, but developers normally mean they want to be given credit for their work, not necessarily that they claim your site is theirs. Your site is yours, you pay the hosting and that counts for something. They own the IP of the work, meaning they claim the right to reuse that code in other projects and sell that to someone else. That still could be a risk for you, I get it. But your business seems pretty local, the chances of them doing the same project for a competitor of yours look slim.

 

And by looking at their own website, I see a small team of mostly young computer geeks. It doesn't look like they would spend much time tracking all the past clients to see if they are still behind the business or just retired and sold it to someone else, and then spend time and money pursuing those clients on the other side of the globe. Big corporations with big law departments may do that, but often not even them.

 

When someone buys someone else's business they normally buy it with everything in it, including the website and all the software and hardware used in the company. I'm not sure there's an issue with this.

 

Besides this, your initial complaint comes from the fact that they decided without you to put something in the code you do not approve. I agree with you, but it is a matter of principles more than law and this is a fuzzy area.

 

When you hire a developer or agency you hire them to develop features, not to tell them which code to use. This code (the author Schema.org) does not add any feature to the website nor it is necessary for it to work. But unless you told them at the start that you did not want any code that wasn't necessary for the features you asked, they did do what you asked of them. They did also something you didn't ask for, true. But you did not ask them not to. And what they did does not show for regular users and does not prevent you from doing business.

 

Without an NDA signed by both sides, finding a solution to your concerns may be difficult. Maybe a possible way would be to give them some more work on a new contract, and then ask them to sign an NDA that does not allow them to reuse the code for a competitor or keep a live copy of your site on the Internet after the project is done. If you let them keep the author Schema.org and reuse parts of the code on projects not related to your business, they are likely to sign it and you'll feel safer. Or they won't sign it if you parted ways in an unfriendly manner. You never know.

 

This is just my opinion. It's not worth much, and if you want a clearer answer, my advise is to consult a lawyer specialized in software licensing and rights. Search for one locally, don't wait for Upwork users or staff to fix it.

spectralua
Community Member

Within default Upwork agreement you have all rights for code you paid. If other not agreed additionaly.

You are AWS account owner? Hire someone to create full backup to avoid site damage. (I can help if needed). Then remove current developer rights and hire other developer to cleanup\edit things you need.

You cannot involve Upwork because no problem here: developer did job as needed, you paid it. You can, but it is useless: Deal closed.

8d1359cb
Community Member

Why on earth would a developer bother adding extra info if the owner won't allow it? Marketing aside, the site belongs solely to the owner, period. We freelancers end up getting screwed over by these manipulative tactics, and it's sad that Upwork leaves clients hanging in the dark.

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