Most business owners assume they own their website. Some find out otherwise when they try to leave their agency and discover the domain is registered to someone else. Here is what to check and what to insist on.
You should own your domain, your code, your design files, your hosting account and your content outright, with no dependency on staying with your agency. Ownership should be written into the contract. The most common trap is a domain registered in the agency's name, which effectively holds your entire online presence hostage.
The five things ownership covers
| Asset | You should own | Common trap |
|---|---|---|
| Domain name | Registered to your company, you have the login | Registered to the agency |
| Website code | Full rights, transferable | Licensed while you remain a client |
| Design files | Source files, not just exports | Only flattened images handed over |
| Hosting account | In your name, you can move | Agency reseller account you cannot access |
| Content | Copy, photography, with documented licences | Stock images licensed to the agency, not you |
How to check what you have right now
- Look up your domain in a public WHOIS lookup and see whose name is on it.
- Try logging in to your registrar directly. If you cannot, you do not control it.
- Ask who the hosting account belongs to and whether you can log in.
- Ask for a copy of the code and design files today, not at some future point.
- Read your contract for the words licence, perpetual, and termination.
A reasonable partner will answer all of these in a day. Hesitation is itself the answer.
Proprietary platforms
Some agencies build on their own platform, meaning you cannot take the site anywhere. This is not automatically wrong, and it must be disclosed clearly before you sign.
If you are on a proprietary system, understand that your exit involves a rebuild. Price that into the relationship rather than discovering it in year three.
What to put in the contract
- All deliverables transfer to you on final payment, unconditionally.
- The domain is registered in your company name from day one.
- Source files and code are handed over at project completion.
- Any third-party licences are listed, with who holds them.
- On termination, all access and assets are transferred within a stated number of days.
- Any proprietary component is named explicitly.
None of this is unreasonable to ask for, and any agency that resists all of it is telling you how the relationship ends.
Frequently asked questions
Who should own my domain name?
You, registered in your company's name with you holding the login. This is the single most important ownership question, because whoever controls the domain controls your website and your email. An agency managing it on your behalf is fine; an agency owning it is not.
Do I own the code my agency wrote?
You should, and only if the contract says so. Without an explicit transfer clause, copyright in commissioned work often remains with the creator by default. Get ownership stated in writing before work starts.
What if my agency will not hand over my website?
Check your contract first. If the domain is in your name you can move hosting and rebuild. If it is not, you may need to go through the registrar's dispute process. Prevention is far easier than recovery, which is why the domain question matters most.
Should I let my agency host my website?
It is convenient and common, and make sure the account is in your name or that you can migrate without their cooperation. Agency-owned reseller hosting is where many businesses discover they cannot leave.
Do I own stock photos used on my site?
You hold whatever licence was purchased, and licences are often bought in the agency's name. Ask for documentation of every licence and whose name it is under. This surfaces during rebrands, when images get reused in ways the licence does not permit.