Attention all business owners! Do you know the answer to this question: Who gets to keep the website after you divorce your webmaster?

Just like in a marriage, it all depends on the pre-nuptial agreement (contract). Do you have one?

My personal disclaimer: Some of this information may be about legal issues; however this article is not intended as a substitute for legal advice. I am not an attorney nor do I play one on webTV therefore you should consult with an attorney familiar with the laws concerning internet and intellectual property.

Ok, now on with the story, the short version. . .

Here's the situation, for whatever reason the client decided not to pay their annual bill for web hosting services. Even though there were several attempts to reach the client the bill went unpaid for more than 90 days. As a result, the hosting was cancelled and the site was removed from the server.

Several months later the client sent this exact message: "you have my website and I need you to let me know how to get it back, like I said before I paid you money to build it so....? that money had nothing to do with hosting or anything".

Just because you paid for the development of your website does not mean you own it. There are Intellectual Property laws designed to protect the creator and to encourage the creator to create. If you hired a company they own the software development and website design produced by its employees. If you hired an independent contractor you must obtain a written "assignment" of the copyright in the commissioned work from them.

Most business owners unknowingly give their webmaster complete control over their business website. Even if you don't have a pre-nuptial agreement (contract) or own your website you can still maintain some control. While you and your webmaster are honeymooning be sure you can document the answer to these questions:

1. What software was used to develop the website?

• Exact name
• Version
• Software website

2. How to access the code?

3. Where is the code located on the server?

4. How to change the content?

• Graphics
• Text

5. How to create a weekly back up?

6. How to grant access to additional users?

7. How to obtain the master copies of your website design?

As a business owner, how many people realize their webmaster is like their spouse? Voluntarily joined for life (or until divorce), not many! Just like in marriage a prenuptial agreement (contract) is a practical solution to dealing with the risks and problematic topic of who gets to keep the website after your divorce.

This is a question you will have to address. Many folks just a build a website but do not think out why they are really doing it. As a result they don't take it seriously and therefore they do not get serious results. This makes logical sense right?

A website in and of itself means nothing unless it has visitors and achieves a certain objective. So you have to be clear what you want to achieve as this will help you focus on your research and build a site that can achieve your objective. Quality research will help you build a quality website.

To build a business online you are going to have to build a relationship with your site visitors. You will need to show them how to connect the dots and you can only do this by providing valuable content that is benefit driven.

Furthermore you are going to have to show them solid evidence of how your product or service can help them achieve results. Connecting the dots means moving them closer to their outcome. Once they can follow this and see how it will work for them you will naturally build credibility which will result in you having a profitable website.

As mentioned when you build your site you want to clearly have your visitor's objectives in mind so that you can address their concerns and overcome their objections. If you can help them achieve their goals it will be a win win situation for all parties concerned.

Web design for a competitive business isn't easy, especially when you add e-commerce (the buzzword for buying and selling online) to the mix. Thankfully, many service providers have basic web hosting templates available to their customers at little to no cost depending on your package. More complex templates can be quite expensive. Companies that provide hosting with templates make setting up and maintaining an e-commerce website possible for people without the expertise to do it themselves and without the money to hire a professional to design their site from the ground up.

When purchased separately from your web hosting package, a template can run anywhere from $20 for a basic, simple web template and well into the hundreds of dollars for a more complex, custom design. For the majority of small business owners, basic templates designed for businesses are usually a safe bet.

An e-commerce template may include basic pages, search and navigation tools such as a virtual shopping cart, but it will be up to you to find your own online payment processing - most often through a third party provider such as PayPal. A web search for "online payment processing" will provide you with several options.

As an alternative, you might want to consider a turnkey solution such as eBay Stores or Yahoo! The designs of sites like these make e-commerce solutions for small business accessible to everyone. Be sure to read the find print about transaction fees and other costs before you decide.

Questions to Ask about Functionality

1. Does the shopping cart accept debit cards and online checks?
2. Is there a limit to the number of products, services or categories you can set up?
3. Does the site offer automatic notification of orders and transactions?

Questions to Ask about Cost

1. What are the basic monthly fees?
2. Are fees charged on a per transaction basis?
3. Is there a setup fee? If so, what is it?
4. How are taxes handled?

Talk to other business owners about their choices and do your homework. The right solution is out there for you, you just have to be willing to do what it takes to find it!