The five things that make up ownership
- The domain. Registered in your own registrar account, with your email as the contact. This one matters most; whoever controls the domain controls the website and your email.
- The hosting account. In your name, on your card, with the developer added as a user. If it is in the agency's name, you are renting space from them.
- Administrator access to the website itself (WordPress admin, Shopify owner account) and to analytics, Search Console and any other connected tools.
- The code and design. The contract should state that the deliverables are yours on final payment. On WordPress the software is open source anyway; a custom React or software build needs the clause in writing.
- The content. Text, photos and video you supplied or paid for. Check who owns photos the agency took.
Common ways ownership goes wrong
The developer registers the domain 'to make it easy', so it is in their account. The site is on a website builder under the agency's reseller account, so it cannot be moved. A monthly 'website plan' turns out to be a rental: stop paying and the site is deleted. A custom theme is licensed, not sold, so you cannot take it to another developer. None of these is necessarily dishonest, but all of them leave you unable to leave. The guide on staying protected when working with freelancers covers how to set things up so this cannot happen.
What to ask before you sign
Who will the domain be registered to? Whose name is the hosting in? Will I have the top-level admin login? If we part ways, what do I walk away with and what will it cost me? A good agency has clear answers and will set the accounts up in your name from day one. PrimaryDM's clients own their domain, hosting and code; it is written into how we work, and moving your site to another developer is always possible.
