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Software Strategy

Owning the Software You Paid to Have Built

Code ownership, accounts, hosting and documentation. What to establish contractually so that a custom build is genuinely yours.

Updated 2 min readBy SpiderHunts Technologies

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Quick answer — TL;DR

Ownership means the code, the accounts, the domain, the hosting and enough documentation for someone else to take over. Sort it in the contract, because negotiating it later happens at your weakest moment.

The short answer

Paying for a build does not automatically mean you can take it elsewhere. Ownership is a set of practical things, and each one needs establishing rather than assuming.

Do it in the contract, because the moment you need it is the moment you have least leverage.

What ownership actually covers

ItemWhat to establish
Source codeAssigned to you, in your repository
DomainRegistered to you, not the supplier
Hosting accountsIn your name, you hold billing
Third party servicesYour accounts, supplier invited
DocumentationEnough for another team to continue

The domain row is the one that causes the worst situations. A domain registered to a supplier is leverage over your whole business, not just the project.

Check it during the build

  1. Confirm you can log in to every account yourself.
  2. Confirm you can clone the repository without asking.
  3. Confirm you can see the hosting bill.
  4. Confirm someone other than the supplier can deploy.
  5. Do these before the final payment, not after.

Point five is the practical lever. Making the final payment conditional on a verified handover is entirely reasonable and rarely objected to by good suppliers.

Documentation that is worth something

  • How to run it locally, tested by someone who did not build it
  • How it is deployed and where
  • What external services it depends on
  • Which decisions were made and why
  • Known problems and anything fragile

The first point is the test. Documentation that has never been followed by anyone else is usually incomplete in ways the author cannot see.

Licensed components are normal

Most builds include open source and third party components you do not own outright, and that is fine. What matters is knowing what they are and under what terms.

Ask for a list. A supplier who cannot produce one does not know what is in the software they built for you.

FAQ

Frequently asked questions

The questions readers ask us after this guide.

Still have a question?

Ask us directly — a senior engineer will get back to you.

Ask about your project

Do we automatically own custom software we paid for?

Not necessarily. Ownership of code, accounts, domain and documentation each needs establishing in the contract.

What is the most dangerous thing to leave with a supplier?

The domain. Registered in their name it is leverage over your whole business.

When should we verify the handover?

Before the final payment. Making it conditional on a verified handover is reasonable and rarely resisted.

What makes documentation adequate?

Someone who did not build it can follow it to run the system. Untested documentation is usually incomplete.

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