Johannesburg - A local web developer has set the cat among the pigeons after taking unusual steps to extract payment from a client.
The web developer - who prefer to remain anonymous - took down a client's website and replaced it with a one-page letter, slamming the client for failure to pay the bill for a website commissioned in February 2010. The author went on to slate the client for being "rumoured" to drive around in a "beautiful big 4×4 vehicle".
While the letter spread like wildfire on Twitter and other social media networks, it was met with some criticism from industry experts who felt it did more harm than good.
At the core of it, three key issues were raised.
Firstly, the anonymity of the developer riled a few who argue that if you are going to put a letter into cyberspace, you should at least put a name to it if you expect any sympathy.
Secondly, the website domain had been registered in the name of the internet service provider rather the end-user. (A handy tip for Fin24.com readers is to visit the whois.co.za website if you want to find out who really owns a .co.za internet domain.)
The third issue raised was the issue of trust and sustainable commercial relationships.
"I think this is shameful and disgraceful for a number of reasons, the most important one of which is that it does nothing to build the designer-client trust," said leading South African web industry expert Eve Dmochowska from Two Jumps Ahead and the CrowdFund.
A clear agreement can avoid conflict "As things stand, South African businesses are scared of going online, or at least investing a substantial amount of money into it, because it is mostly a medium they do not understand. Their only option is to outsource the work necessary, as well as the strategy behind it, and hope for the best.
"Knowing that a designer can 'hijack' a website like this at any time and put up negative information isn't going to get businesses beating down anyone's door."
Ferdie Bester from web and search marketing firm ClickMaven argued there should be a close and ongoing working relationship between those involved in the web industry and their clients. One issue he sees with some local practitioners is a focus on selling once-off systems rather than building sustainable relationships.
He points out that online tools like search marketing and websites are very "immediate" and if they go offline, can negatively impact the ability of the small business to keep itself visible.
Technology law expert Paul Jacobson from Jacobson Attorneys believes there are two aspects to consider in this instance, and that both could have been resolved by having a clear agreement drawn up between the developer and the client before work began.
On the issue of domain registration, he said this should be clarified upfront and it should be decided whether the developer is acting as an agent for the client or not.
With regards to the legality of hijacking a client site, he cautioned that this could open the developer to a variety of issues including defamation, copyright infringement and even theft.
"A properly drawn-up agreement will cater for non-performance by the client and may entitle the developer to take a site down. It depends on what they have in place and what the specific circumstances are," Jacobson said.
- Fin24.com