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Who Owns the Source Code? Read This Before You Sign

11 Feb 2026 6 min read

A client came to us with a working POS system and one problem: the previous developer held the code, the server login and the domain. Moving away meant rebuilding from zero. They had paid in full for three years and owned none of it.

The three things you must own

  • The source code, delivered to a repository in your name
  • The domain, registered under your account, not the agency's
  • The server and database, with admin access you actually hold

"We'll give it after final payment" is fine — get it in writing

It's reasonable for a developer to hand over code at final payment. What isn't reasonable is leaving it vague. The contract should name the handover moment and what exactly gets handed over: code, database dump, deployment steps and any third-party account details.

Licensed product vs custom build

If you buy a ready-made product, you're licensing it — you won't get the source, and that's normal. Just know which one you're buying. Problems start when a licensed product is sold as "custom software" at custom prices.

How we do it

Custom work we build belongs to the client. Code, documentation and deployment steps are handed over in full, and we're happy for another team to take it forward. Software you can't leave isn't software you own.

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