The verdict in three sentences
On a London website project worth 15,000 to 40,000 GBP, the contract decides whether you own what you paid for: under English law, copyright in commissioned code and design stays with the developer unless there is a written assignment signed by them. Add domain registration in your company's name, admin access from day one and a priced exit clause, and you can switch suppliers without rebuilding. A badly prepared exit typically costs a 2026 estimate of 5,000 to 15,000 GBP in rebuild work, lost leads and legal time.
The checklist: clauses to insist on
The Copyright, Designs and Patents Act 1988 gives first ownership of copyright to the author, and section 90 requires an assignment to be in writing and signed by the assignor. Paying the invoice is not enough on its own. Here are the clauses that protect your freedom to move.
| # | Clause | What it should say | Risk if missing |
|---|---|---|---|
| 1 | Assignment of IP | Written assignment of bespoke code, designs and copy on full payment, plus waiver of moral rights | Agency can object to changes or reuse |
| 2 | Domain name | Registered to your company, your email as registrant contact | Domain lapses or is held hostage |
| 3 | Admin access | Admin credentials for CMS, hosting, DNS handed over at launch | You cannot move without agency sign-off |
| 4 | Source code repository | Code in a Git repository owned by you, updated at every release | Rebuild from scratch |
| 5 | Third-party components | List of themes, plugins, fonts, licences and licence holder | Licences cancelled when you leave |
| 6 | Hosting | Hosting account in your name or a defined migration | Site taken offline |
| 7 | Data and accounts | Analytics, Search Console, email and CRM owned by you | Loss of traffic history and leads |
| 8 | Exit assistance | Defined handover days and day rate, fixed in advance | Exit billed at a premium |
| 9 | Escrow for complex builds | Third-party escrow with release triggers (insolvency, breach) | Bespoke platform unusable if agency fails |
For agency-owned frameworks reused across clients, accept a perpetual, irrevocable licence instead of an assignment. That is standard and reasonable, as long as the licence survives termination and allows another supplier to maintain the site. Have your solicitor review the final wording.
What a badly prepared exit costs in London
The figures below are 2026 estimates for a professional services firm with a 25,000 GBP site.
| Cost item | Typical situation | Range (2026 estimate, GBP) |
|---|---|---|
| Rebuilding pages | Code not handed over, rebuild on a new stack | 3,000 to 9,000 |
| Recovering the domain | Domain registered to the agency | 300 to 2,000 including legal letters |
| Recreating copy and images | No clear assignment of content | 800 to 2,500 |
| Lost search traffic | URL changes without redirects | 500 to 2,000 of lost pipeline |
| Management and legal time | Meetings, chasers, solicitor review | 500 to 1,500 |
| Total | Depending on agency cooperation | 5,000 to 15,000 |
On a 25,000 GBP project, a hostile exit can therefore eat 20 to 60 % of the original budget. Negotiating the clauses up front costs an hour of a solicitor's time.
Escrow: when it is worth paying for
Software escrow means a neutral third party holds a copy of the source code and releases it to you if trigger events happen, typically supplier insolvency or a material breach. For a marketing site with your own Git repository, escrow is overkill. For a bespoke portal, booking engine or client platform above roughly 40,000 GBP, an escrow agreement with annual verification is worth considering; fees vary by provider and verification level, so ask for quotes.
As a nearshore reference point, Kolonell's prices for a Premium site with e-commerce or booking run from 3,050 to 5,340 EUR (2,000,000 to 3,500,000 FCFA), delivered in 21 to 30 business days, with the domain, admin access and code handed over in the client's name. Those are Kolonell's prices, not London market averages.
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Illustrative example: James, managing partner of a 20-person consultancy in London, signs a 28,000 GBP website project. He negotiates the full checklist, with exit assistance fixed at 3 days at 650 GBP a day.
Two years later he moves to a new agency to add a client portal. His estimated exit cost without the clauses: 11,000 GBP (rebuild, domain recovery, lost leads). With the clauses: 1,950 GBP and a one-week handover. Saving: 9,050 GBP, about 32 % of the original project.
FAQ
Who owns the code of my website under English law?
Without a written, signed assignment, the developer usually remains copyright owner, even on a 30,000 GBP project you paid in full. You would at best rely on an implied licence, which is uncertain.
Should the domain be registered to my company?
Always, with your own email as registrant contact. Recovering a domain held by an agency can cost 300 to 2,000 GBP including legal letters.
Do we need software escrow?
Not for a marketing site with a client-owned Git repository. Consider it for bespoke platforms above roughly 40,000 GBP where supplier failure would stop your business.
What does a bad exit cost?
A 2026 estimate of 5,000 to 15,000 GBP for a professional services site, mostly rebuild work. Clear clauses can cut that to a few days of paid handover.
Can we terminate the maintenance contract?
Make sure you can, with notice of 1 to 3 months. Avoid 24 or 36 month lock-ins without a termination right.
Let's scope your project. Send us your brief or the contract you have been offered, and we will price the build with assignment, access and exit terms included. Detailed quote within 48 h. WhatsApp +221 77 596 93 33.
Mohamed Bah
Fondateur, Kolonell
Passionate about digital and entrepreneurship in Africa, Mohamed has been helping Sénégalese businesses with their digital transformation since 2020. Founder of Kolonell, he believes every SME deserves a professional and accessible online présence.
