Help on SEO & Hosting - Legal Matter

RayB · #11 (**permalink**) 12-04-2008, 09:50

I've moved this thread to the legal Section as requested

pvcprinting · #12 (**permalink**) 12-04-2008, 10:30

Mills,

Did you enter into a contract for the SEO?
If you have anything in writing outlining what services they were going to perform for you for the price agreed then I dont think it is unreasonable to ask them to put in writing exactly what they have done and to back that up with tangible evidence of such undertakings

This may well put them on the back foot....if they have not done it or cannot prove they have done it then I think it would be accepted that you owe them no money

I would speak to a solicitor quite early on (you get your 1st 30 or 60 mins free) Can give you a name and contact of an excellent chap that has helped us in several situations should you wish

I really really hope this sorts itself....please do not allow this to get you down or indeed eat away at you....that said dont allow yourself to be bullied

Like already stated....everybody here on A1 is behind you....I have no expert knowledge of the services you require...but those that have will sort you out

Regards

Pete

mills382 · #13 (**permalink**) 12-04-2008, 11:42

Hi there

the company sent me a standard proposal which is the same posted on their website, and then I signed a 3 month sales order which stated I would agree to a further 6 months I was happy with the results after the 3 months. they did an extra month after which I cancelled. At which point the SEO consultant in question sent me a private email saying that I had made the right descision and wondered how I would ever pay for the work based on the company's fees.

I think the only reason why they are insisting on the personal guarantee is because they know he work they have done so far has not produced results and neither will i ever see any results from it.

sally · #14 (**permalink**) 12-04-2008, 12:40

Mills can you post a link for your site.

I am so sorry this is happening to you, I was ripped off twice by web designers and it cost me all of my entire marketing budget so I know how you feel. Try not to let it get you down and we will all try to help you sort this mess out.

Indizine · #15 (**permalink**) 12-04-2008, 14:35

Why dont you have FTP access? Cant you ask them for the details? You pay for hosting and normally would have FTP access - or dont you have your own account to control it?

You should also request the files for your website as you have already paid for the design/development as a separate service I presume?

If you are paying for hosting as a separate service, then I would suggest you continue to pay for this as you have no dispute with the hosting, meaning they have no legal reason to stop hosting your site thus taking it down and leaving you in the lurch.

mills382 · #16 (**permalink**) 12-04-2008, 14:43

Although i have access to the CMS, I don't know what the FTP details are, they are hosting the site on their own server and I have paid upfront for this.

As far as I understand the hosting is a separate matter to the SEO arrangement and should i wish to transfer the hosting it should not be affected....but I need to be absolutely clear on this.

I have stopped communication with them now, the way I left it was I was going to pay a small amount towards clearing the debt and continue to pay but then they insisted on the personal guarantee....which I can not sign as I am a limited company. The agreement was defective as I referred to invoices up until 2009 which mean they could bill any amount and hold me to it.

icequeen · #17 (**permalink**) 12-04-2008, 14:50

Are you a member of the FSB? They have a fabulous legal helpline and I would suggest you call them. Alternatively your business or even home insurance (if you are home based) may give you access to a legal helpline.

I'd seek professional advice before proceeding further.

What a rotten thing to happen, I hope you are able to find a satisfactory resolution.

mills382 · #18 (**permalink**) 14-04-2008, 11:52

I have spoken to the company director about the personal guarantee and told them I will not sign a personal guarantee and that I still want them to report back to me as to exactly what work they have done in connection wth SEO they claim to have done on my site.

His reply was basically If I don't sign the agreement he will switch off the site.

Some you who reply may want to know the following:

1. I don't have FTP access
2. I own the domain name
3. The company are sub hosting the site for which I have paid an annual fee upfront

I will be grateful for any advice

sally · #19 (**permalink**) 14-04-2008, 12:06

Mills I would send a nice email to the boss saying that you 'have taken advice' (don't say from where and they may assume a solicitor) and before you will agree to sign a personal agreement you need a detailed report on what work they have carried out and the ftp details in order for a third party expert to assess whether that work has indeed been carried out. Once you have all of that information you will in a position to accept or dispute the costs and will then re-address the issue.

I doubt they will fall for it but if they do send you the ftp details get your site moved bloody quickly. Worth a try though.

Alvin · #20 (**permalink**) 14-04-2008, 12:26

Quote:

Originally Posted by mills382

I have spoken to the company director about the personal guarantee and told them I will not sign a personal guarantee and that I still want them to report back to me as to exactly what work they have done in connection wth SEO they claim to have done on my site.

His reply was basically If I don't sign the agreement he will switch off the site.

Some you who reply may want to know the following:

1. I don't have FTP access
2. I own the domain name
3. The company are sub hosting the site for which I have paid an annual fee upfront

I will be grateful for any advice

Mills I have a copy of your site pages and images on my hard drive .But would need a wizz kid developer to make it all work.

Alvin