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ververy2014-05-11 09:52:33
Copyright
ververy, 2014-05-11 09:52:33

Customers keep the site on their hosting, do not want to pay

So, the situation is as follows: I (IP) entered into an author's agreement with another IP, according to which I had to create a website and set up advertising on it. The site came out chic, but there were few visitors, which did not satisfy the customer. Instead of buying a site at a discount or simply refusing to buy it (according to the contract, he has the right to terminate the contract unilaterally), the customer simply changed the FTP passwords and there is no way to delete the site. However, the transfer of copyright occurs only after the signing of the act on the execution of the contract. But there is the wording "this contract is valid until the full fulfillment of obligations by both parties," which imposes additional difficulties.
Question 1: Do I have the right to demand that the customer remove the site from the hosting?
Question 2: if he refuses, what are my chances of getting full compensation in court?
I would be especially grateful to those who read the attached contract and tell me where I have problems and what I can put pressure on.

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3 answer(s)
A
asd111, 2014-05-14
@ververy

1. Write a demand for payment of the debt under the contract of the author's order in two copies. Something like this: www.logos-pravo.ru/page.php?id=1554
With this requirement, come to the customer and ask to sign both copies. One for you, as evidence of pre-trial compliance. If the customer refuses to sign, then send it by registered mail, then you will receive a notification of delivery or that the customer did not receive the letter, but if he does not receive the letter, then this is his problem, it will already be possible to go to court.
2. You draw up a lawsuit to pay the debt under the copyright order agreement, attach evidence that the site is already hosted for you is an excellent proof of the fulfillment of your obligations under the agreement. You will need to notarize the screenshots of the working site. You will also need to attach a copy of the contract, a copy of the demand for payment of the debt or the stub from the post office about the delivery of the letter. There are still small nuances that need to be attached, basically there are copies of all documents according to the number of sides.
I am not a lawyer (a former bailiff), but usually the sequence is like this. If you go to court, it is better, of course, to use the help of lawyers for the correct preparation of documents.

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Maxim Shishkin, 2014-05-11
@lsoul

1. Yes.
2. Great.

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Vlad Zhivotnev, 2014-05-11
@inkvizitor68sl

It doesn't seem to say anything in the contract about attendance.
So great.
Here about the requirement to remove there is nothing indicated, it seems. So to demand to remove - hardly.

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