Hi Julian,
I think you are right to some degree - NZ is a small place, and given
that this is in Wanaka then it's, well, really small. I'm not suggesting
I can't contact the guy - I haven't tried myself and aren't sure how
hard the client has tried. With online privacy being what it is I don't
imagine it will be hard to track someone down. It's highly possible he
would be ok about negotiating with me because he doesn't owe me any money.
I'm also not sure if the guy is dishonest or not. The client thinks he's
gone AWOL with her cash because his web design company website is gone
(domain expired) and won't respond to any communication - which is a
fair assumption I'd say. But there are always 2 sides to every story and
I only have one of them.
I do like your suggestion about reclaiming the registrant address via
the ISP or other domain - I don't think that will apply here (it's gmail
and the address doesn't bounce), but good to know for future reference.
Cheers,
Harvey.
On 1/12/2010 5:47 p.m., Julian Waters wrote:
Been there in various forms...
You're suggesting you can't find / contact the guy? Because that's a
different issue than 'not playing ball'. Anyone who was worked on the
web should be locatable via google etc?
If you can contact him & he's already been paid you should be able to
negotiate. Sort of an amnesty... 'keep the money, hand over the UDAI'.
If you can't, perhaps his contact email address is no longer active &
thus might become available again via an ISP, or (as I experienced)
you can register his old domain name and set-up the contact email
address again, then request UDAI reset.
The other option is to to wait until it expires & reclaim then.
Hope that provides some help, even in eliminating options... Julian
On 1/12/2010, at 2:51 PM, Harvey Kane wrote:
Thanks Bruce, that's exactly the sort of advice I was looking for,
and I probably should have emailed you directly.
I don't imagine $1800 + lawyer bills is what this client had in mind
(and who can blame her really) so we might have to plan around
registering a different name unless the developer does decide to come
to the party.
Thanks,
Harvey.
On 1/12/2010 2:42 p.m., Bruce Clement wrote:
Hi Harvey,
The following does not constiute legal advice.
If things are exactly as described here (customers sometimes warp
history a bit), she should be able to recover the domain name under
the DNC's DRS section related to people registering domain names under
circumstances where it's clear they were doing it on-behalf of the
complainant. If she has demonstratable rights to the name and the
developer doesn't, she will probably benefit from also claiming under
other sections.
Following this path will cost around $1800+GST for the DRS process + a
lawyer's fee for preparing the complaint ... you get one shot only at
a complaint, and it will be rejected if you fail to cover any of the
required points so please get an IP laywer to prepare the claim.
Cheaper alternative, phone the developer& see if it can be resolved
amicably. Depending on the facts, a small claims court might also be
an appropriate avenue for redress; but going that path may damage
other opportunities so consult a lawyer first.
I've informally advised in the past for a couple of people who managed
to resolve everything amicably with a bit of advice. If you've still
got my phone number and want to discuss give me a call this evening,
or drop me an email off-list.
regards
Bruce
On Wed, Dec 1, 2010 at 1:24 PM, Harvey Kane<[email protected]>
wrote:
Hi All,
This is a long shot, but here goes. I have just picked up a client
who has
had a bad experience with another developer - ie she paid for a
website and
that was the last she heard from him.
The developer registered her a domain name, (companyname).co.nz, but
unsurprisingly the registrant of the domain is the aforementioned web
developer. There is no mention of her on the whois at all. Pretty
raw deal
actually.
She's pretty upset about the whole thing, so if it's likely to be a
long
drawn-out drama to reclaim the domain then we will probably just
register
another (less ideal) domain name. Obviously she has tried emailing
/ calling
the old developer for the UDAI, but we're not really expecting
anything to
happen there.
I'd be open to any suggestions from people here who have been
through this
before - even if the suggestion is "too hard, don't bother".
Thanks,
Harvey.
--
Harvey Kane
Phone:
- Auckland: +64 9 950 4133
- Wanaka: +64 3 746 8133
- Mobile: +64 21 811 951
Email: [email protected]
If you need to contact me urgently, please read my email policy
www.ragepank.com/email/
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--
Harvey Kane
Phone:
- Auckland: +64 9 950 4133
- Wanaka: +64 3 746 8133
- Mobile: +64 21 811 951
Email: [email protected]
If you need to contact me urgently, please read my email policy
www.ragepank.com/email/
--
NZ PHP Users Group: http://groups.google.com/group/nzphpug
To post, send email to [email protected]
To unsubscribe, send email to
[email protected]
--
Harvey Kane
Phone:
- Auckland: +64 9 950 4133
- Wanaka: +64 3 746 8133
- Mobile: +64 21 811 951
Email: [email protected]
If you need to contact me urgently, please read my email policy
www.ragepank.com/email/
--
NZ PHP Users Group: http://groups.google.com/group/nzphpug
To post, send email to [email protected]
To unsubscribe, send email to
[email protected]
