I developed a website for the customer using my test hosting platform. However, after completing the work, the customer failed to transfer the site to their own domain for a period of 8 months. Unfortunately, during this time, the site was hacked and the backups were all corrupted. It is unclear who should take responsibility in this situation.



Should the customer be held accountable for unpaid hosting fees over the 8-month period, as well as the cost of restoring the site? Or, on the other hand, am I responsible for the security breach that occurred while the site was not under the customer's domain and hosting? It seems that we did not establish any agreements or protocols for such cases beforehand.

Determining responsibility in this situation can be challenging without clear agreements or protocols in place. However, it is important to consider certain factors.

As the developer, you have a responsibility to ensure the security of the website while it is under your care. This includes regularly updating software, implementing security measures, and monitoring for potential breaches. If the security breach occurred due to negligence on your part, you may bear some responsibility.

On the other hand, the customer had a duty to transfer the site to their own domain and hosting in a timely manner. Failing to do so for 8 months leaves the site more susceptible to hacks and compromises its security. Without mitigating actions taken by the customer, they might bear some responsibility for the breach.

To resolve the issue, it is recommended to discuss the situation with the customer and work towards a mutual agreement. This could involve sharing the costs of restoring the site and implementing additional security measures. It is also crucial to establish clear agreements and protocols for similar cases in the future, ensuring both parties understand their responsibilities and liabilities.

In situations where there is a lack of clear agreements or protocols, it becomes even more important to engage in open and honest communication with the customer. Here are a few additional points to consider:

1. dоcumenting the timeline: Keep track of all communication and relevant actions taken during the development process, including reminders to the customer about transferring the website to their own domain and hosting. This dоcumentation can help clarify responsibilities and obligations.

2. Assessing negligence: Determine if either party failed to fulfill their duty. Did you take reasonable precautions to secure the website? Did the customer delay the transfer without justifiable reasons? Understanding where the negligence lies will help allocate responsibility.

3. Sharing costs: Consider whether a shared responsibility for costs could be a fair solution. Splitting the expenses for restoring the site and implementing additional security measures may help resolve the issue amicably.

4. Learning from the experience: Regardless of who is ultimately responsible, it's important to learn from this situation and establish clear protocols going forward. Create agreements that outline the responsibilities and expectations of both parties to prevent similar incidents in the future.

The customer is expected to pay for hosting services, unless they were aware of the need to transfer and it is unclear why the project was hosted in the first place. Did they agree to it?

The responsibility for hacking lies with the burglar, or perhaps someone else who was responsible for maintaining the system's security.

Regarding the maintenance of working capacity, it is the responsibility of the person in charge of ensuring that everything is in good working order.

By the way, if there were no agreements in place, it is unclear how negotiations can take place. Were there any agreements? And if so, where and how were they recorded?

As for restoration work, that remains an open question.

Your mistake was the lack of clear agreements regarding website support.

However, if there was no agreement established with the customer to provide regular backups and set up the site, then you are not accountable for any responsibility; it becomes the customer's fault. Regrettably, many customers are unaware of these necessary requirements. Hence, it is crucial to immediately initiate a discussion on the allocation of responsibilities. One possible argument is that the contract solely pertained to website creation and delivery, not ongoing support.