For a business owner who is not a computer software expert, and doesn't have an IT or System Administration group, hiring a consultant to develop a website can be somewhat confusing, and can occasionally result in significant problems for the client if they find that their website developer can no longer be located or becomes unresponsive or uncooperative. There are also many technical and creative issues the client should consider when starting or enhancing a website, but they are outside the scope of this article.

This article focuses on those things a Client can/should do when initiating a website project, to protect their interests. These recommendations can help a client retain the control needed should it become necessary to transfer website development responsibilities to another consultant, or to switch to a different web hosting company. This article is for the client who is not particularly knowledgeable about what is involved in making a website available to the public; if any terms are not familiar, see the Glossary below.

In the Client's agreement with the Developer, whether the project is initiated by a formal contract or just by "a handshake", the Client should insist on the following before starting the project:

1. The client must own the domain name (eg, microsoft.com), and should register it as well. If you don't feel comfortable registering the domain name yourself, a cooperative web developer should be willing to help you register the domain name; if he won't do this, find another developer.
   You should be periodically billed for your domain name. Getting the bill (from other than the developer) is a good indication that you own the domain name.
2. Client must have the contract with the web Host. Client should arrange for web hosting, and the client should be the one that gets the annual bill for the hosting service. The client will also get an account with the hosting company which allows the client or his web developer to set up the website on the Hosting company's web servers. The client should own the master account/password, and either let the developer use that account, or register a subordinate account for the developer. If you don't feel comfortable initiating this yourself, a cooperative web developer should be willing to walk you through it; if he won't do this, find another developer.
   Developers often recommend a hosting company that they are familiar with. There's nothing wrong with this, but you might want to look for user feedback online, yourself, to see what others have to say about the Hosting company.
   Be wary of a developer hosting the site on his own server, or his buddy's server. Although reliability is an obvious risk in this scenario, the biggest risk is that you may have no where to turn if you have problems with the development OR the hosting. The main advantage of separating Developer and Host is that they will each have a separate customer relationship with you. If you have problems with the host, the developer can help move your site to a new host. If you have problems with the developer, the Host can help you change the passwords on your account, facilitating your transition to a new developer.
3. Often, steps 1 and 2 are combined, letting you register your domain name at the same time that you initiate an agreement with a Hosting company. This is convenient and commonly done; just make sure that YOU own the domain name, rather than the hosting company owning it. That gives you the freedom to switch to a new hosting company, should the need arise.
4. Optional: You may want to consider getting "domain privacy". See definition in the Glossary.
5. Client has rights to all the original code developed for the site. The client should have the right to give the code to a new developer, should the relationship with the original developer terminate. The client should understand that the developer may also retain rights to reuse common code for other clients' websites.
   If the developer puts copyright notices in the code, the Client should get permission in writing to retain, use, and change the code if the agreement with the developer should terminate.
6. Client has sole rights to all Content.

An experienced, conscientious developer should suggest some of these points, and not reject any of them out-of-hand. For a website that has already been developed, the Client should work with the developer to resolve these issues. The developer may understandably charge a fee for this if the project has already been completed.

A client who hires a developer to develop a website should get the following information and save it in a safe place:

• Name of the hosting company, accounts, and passwords, and a description of how to access the account.
• Name of the domain registrar, if domain was not registered with the hosting company.
• Contact information about the developer, so he can be found if/when future needs arise.
• A copy of all original code.

You can find more information about hiring a website developer online. For example, see
How to Rescue Your Website from a Bad Web Designer and go to "Preventive Measures to Take When Creating a Website" a little over halfway down the page.

GLOSSARY

CLIENT:
A business or other entity who desires that a website be created and be accessible to the public.

CODE:
The web code (eg, HTML, Javascript, and a gaggle of other technologies) is the raw material, created by the DEVELOPER, that is used to make the pages of the website accessible to the public.

DEVELOPER:
The consultant who captures the requirements for the website from the CLIENT, creates the CODE, and installs it on the HOSTING COMPANY web server.

DOMAIN NAME:
The web address (eg, thesoftwareworks.net) that the public uses to reach your website.

DOMAIN PRIVACY:
Limits public access to information about the owner of the website (the Client). There are public websites (eg, Network Solutions, WHOis.net) that can find out who owns a website, and the information presented may include the owner's name, phone number, email, and address (possibly a home address). An individual or a small business owner may not want all of this information made available to the public. With a "domain privacy" agreement, the Hosting company only lists itself as the owner of the site. Then the only personal or organizational information that is available to the public is that which the CLIENT chooses to make available on the pages of the site.

HOST, HOSTING COMPANY:
A HOSTING COMPANY or WEBSITE HOST provides, for an annual fee, the computer hardware (servers) that will host the website CODE and make the website available to the public.