Website Designer Took Down My Website

[Staci2455]

What is the name of your state? Florida

I own a small internet based business and have purchased a domain name through NSI. I hired a website designer and asked for a contract to keep us both honest, but he said that he didn't require one. Also, the designer did not require a downpayment, nor did he inform me of payment terms at the onset of our business relationship. He simply stated that he expected the site to cost not more than $1,400.00.

After much delay, about two months, he finally got the site up and running the Friday before Memorial Day. During that two plus months it took him to design my very basic site, I paid him two payments totalling $750.00, through Pay Pal. The same day the site went live (May 23), the designer sent me a PayPal invoice (not a detailed invoice) for $650.00. He has never sent a formal detailed invoice. During the Memorial Day weekend, I received a total of 5 Pay Pal invoices from the website designer. I contacted him on 5/27 and informed him that his bill was in line for payment and that, as with my other vendors, the turnaround time for payment is 30 days. I had previously informed him of this, and he said he did not have a problem with it. The invoice is slated to be paid on the 20th.

Today I received an e-mail stating that he has taken down my website for non-payment. After attempting to reason with him, his "bottom line" was to re-send the Pay Pal invoice and state that he will "upload the files" as soon as the invoice is paid.

Is it lawful for him to hold my website hostage in this manner? Is there any written references where I can find this information, maybe the Florida Statutes? I do have some legal background, but definitely none in this type of law.

Thank you so much to anyone who can help me out with this.
Staci

 

[Zigner]

Lawful or not, wouldn't it just make sense to pay him what you owe him now?

 

[Staci2455]

I understand that; however, as a small start up company, money is very tight. He was informed when he would be paid (30 days) and did not object or give me a deadline for payment, nor did he give me final notice prior to taking the action. The date I was going to pay him is actually 21 days from the invoice date, not 30. However, no money coming in means no money being paid out.

The loss of exposure and revenue from the site being down is damaging to my company. I consider this theft of my property and interference in my business.

His remedy should have been to file a lawsuit in small claims court - if he were to prevail, then I would be responsible for his court costs and attorney's fees. Instead, he opted to take action which can only be described as an attempt to hold me hostage.

Now I am on the verge of filing a circuit court lawsuit for breach of contract (even though there wasn't a written contract - in the absence of that verbal must be considered, and I have all e-mail communications between us), civil theft, and tortuous interference with business relations resulting in loss of revenue.

I also need to include a count for cyber theft and this is there area where I need information. There isn't a lot of information out there on internet law ... yet.

 

[Zigner]

Seems to me that, until you pay him, it's HIS information

 

[Staci2455]

Well Zinger, we will have to agree to disagree on this one. I'll let you know how my court case turns out (if it comes to that).

Found some great Intellectual Property information, so I have my cyber theft count.

But as an update: His attorney must get up pretty early in the morning. My site is back up and functional.

 

[Zigner]

Well Zinger, we will have to agree to disagree on this one. I'll let you know how my court case turns out (if it comes to that).

Found some great Intellectual Property information, so I have my cyber theft count.

But as an update: His attorney must get up pretty early in the morning. My site is back up and functional.

Yeah - I'm sure it is.
Look, he did not steal your property - you attempted to steal his services.