Why ownership matters more than most people think

When you commission a website, you're usually thinking about how it looks, how fast it is, and whether it'll rank on Google. Ownership is the last thing on your mind — you paid for it, so it's yours. Right?

Not necessarily. There are two separate things at play:

  • Who owns the website files — the HTML, CSS, images, and code that make up the site
  • Who controls the hosting — where the files live and what keeps the site online

Many agencies retain either ownership of the code, control of the hosting, or both. Which means if you leave them — or stop paying a monthly subscription — you lose the site.

The three checks

Check 1: Look at the footer of your website

Scroll to the bottom of your website and look at the copyright notice. It should say something like "© 2026 [Your Business Name]." If instead it says "© [Agency Name]" or "Website by [Agency Name]" — that's a red flag. The agency is claiming copyright on your site.

Copyright in a website belongs to whoever created it unless it's explicitly transferred. Many agencies' standard terms keep copyright with them. That means even if you download the files, they legally still own them.

Some agencies are upfront about this. Others bury it in terms and conditions. Either way, a copyright footer in someone else's name is the clearest signal that you don't own what you're paying for.

Common agency names that retain copyright: If your footer says Wilmington Services Ltd, Social Link Up Ltd, or any other company that isn't your own business name — your site does not belong to you.

Check 2: Ask who controls the hosting account

Ask your current agency: "If I wanted to move my website to a different host, what would that process look like? Who has the login to the hosting account?"

The answers tell you a lot:

  • If they say "the account is in your name and we can give you the login at any time" — good sign
  • If they say "the site is hosted on our servers and we'd need to export it for you" — you're dependent on them
  • If they say "that's not something we support" or get evasive — that's a serious problem

The hosting account being in your name means you could theoretically change agencies and take your site with you without the current agency's cooperation. The hosting account being in their name means they hold all the power.

Check 3: Read your contract's intellectual property clause

Find the agreement you signed when you commissioned the website — email, contract, terms and conditions, whatever you received. Search for the words "intellectual property," "copyright," or "ownership."

What you're looking for is a clause that says something like: "On receipt of final payment, all intellectual property rights in the website transfer to the client." That's what a client-friendly contract looks like.

What you might find instead is something like: "The agency retains all intellectual property rights in the website. The client is granted a licence to use the website for the duration of the service agreement." That means if the service agreement ends — if you stop paying — the licence ends and the site goes away.

If you can't find any such clause, or if you never received any written agreement, the default position under UK copyright law is that the agency owns what they created.

What to do if you don't own it

First, don't panic and don't stop paying anything suddenly — if the site is on a monthly subscription, stopping payment might take it offline immediately.

Your options depend on what you find:

  • If you're on a monthly subscription with no exit rights — the cleanest option is usually to have a new site built that you own outright, then switch over when it's ready. You control the timing, the old site stays live until you're ready to switch, and you walk away owning something.
  • If the copyright is with the agency but you want to negotiate — some agencies will transfer copyright for a one-off fee. Worth asking, but don't expect it to be cheap.
  • If your domain is also controlled by them — this is the most serious situation. Your domain name is your address on the internet. If they control it and you fall out, they can redirect it. Check who the domain registrant is at Nominet (for .co.uk domains) or WHOIS (for .com). It should be registered in your name.

What ownership should look like

When FSG builds a website, the ownership position is simple: on receipt of final payment, everything transfers to you. The Netlify hosting account is in your name. The code belongs to you. The copyright is yours. You have the login to everything.

If you wanted to never speak to us again and manage the site yourself, or hand it to a different developer, you could. We have no ongoing claim on it. That's how it should work.

If you're not sure about your current situation and want a second pair of eyes, get in touch. We'll take a look at what you've got and tell you honestly what your options are.

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