Legal Question in Technology Law in Florida
Web Site & Programming
I have recently been engaged to develop a website for a client whose entire business is the website with only a one paragraph, informal contract indicating that the client owns all property. The website required considerable development and the client had agreed to pay us a stipulated monthly fee for continual service.
Later, the client requested we develop an automated accounting software program. I have no formal written agreement.
The company has stopped paying for the hosting and development and maintenance of the site a few months ago as their income dwindled. I have left the website �up & running� in hopes that the company would eventually earn enough funds to continue to pay us.
One of the key employees of the company has since left the organization and determined to build her own website and would like us to build an automated accounting software program with different terms and is willing to develop a formal contract and pay us regularly.
My question is:
1. Should I immediately, without notice, �turn off� the original client?
2. Do I have any liability in working with the ex-employee?
3. Do I have any liability in customizing the programming for the new client?
1 Answer from Attorneys
Re: Web Site & Programming
Your question are:
1. Should I immediately, without notice:
A. That is a personal business decesion. I would recommend that you give notice
2. Do I have any liability in working with the ex-employee?
A. Normally not, unsure of what state you are in and state law would control;
3. Do I have any liability in customizing the programming for the new client?
A. That is why your agreements should specifiy that all work and code you create is yours and that you only license it for use to the company. They could claim ownership in a work for hire situation....highly unlikely though.
A.J. Comparetto, Esq.
727-328-7900
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