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My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.
Do you have a copy of the agreement you entered with them when you started using them?
They cannot refuse to allow you to take your website. All they can do is enforce the agreement.
If you know who they are you may be able to find terms and conditions on their website. If not ask them for a copy. This will tell you the notice you have to give them and what else is required for your to change hosting.
There would be a notice period that you have to give.
If you pay monthly I would assume you would have to give them one months notice.
If they refuse to assist you can then lodge a complaint about them to the telecommunications ombudsman.
It is your website and you can move it and do with it as you wish subject to the terms and conditions.
I hope this makes sense and is of assistance.
You are the one that has to deal with it as you are the owner.
Notice has to be in writing and the terms and conditions will explain what you have to do
When I say website I mean the website of the hosting company.
The people that are maintaining and hosting your website. This is with whom your husband entered the agreement.
Where is your website at the moment?
Is it still with Shop Factory or somewhere else?
Does shop factory and can you still use them to host?
The law is straight forward. You have a right to move your website subject to the terms and conditions of the current hosting company.
If you website is with another company you need to see what their terms and conditions are.
The mistake on their part is their issue and any losses you suffer because of it you can sue them for.
It appears you agreed to a new website which is an issue because this changes things.
Ask them for a copy
Make sure everything is in writing and keep copies.
Have you spoken with Shop Factory?
Usually they can arrange the change over.
Ok well if it does not happen
get the the terms and conditions and any losses you suffer as a result of their failure to give the passwords you can sue for.
I am just following up my last post. Are you still in need of assistance?
All the best and good luck
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