Who Owns Website Code When Outsourcing to India

This guide was updated in November 2026. It covers the ownership trap many buyers only find out about later, a handover checklist you can send to any developer, and the contract wording to ask for before you pay a deposit.

The trap: a licence to use is not ownership

Some outsourcing contracts never mention who owns the work. Others say the client gets a "licence to use" the website. That sounds fine until you want to move to another developer, change hosting or sell the business. A licence lets you use the site on the developer's terms. It does not let you take the code elsewhere, and it may end if the developer closes, raises its fees or stops answering.

The same thing happens without any contract at all. The developer registers the domain in its own account "to save you the trouble", hosts the site on its own server and keeps the admin password. Years later the business owns a brand but not the address it trades under.

The fix is simple, and it is cheaper to agree before the project than to argue about after it.

The handover checklist

Ask for each of these in your name, or with your own login, before the final payment:

1. Domain name. You, or your company, must be the registrant, not the developer. Ask for the registrar login and check the registrant name yourself.
2. Hosting account. The account should be opened in your name with your billing details. The developer can work in it as an added user.
3. Code repository. Owner or admin access to the repository (GitHub, GitLab, Bitbucket or similar) that holds the full source code, plus a downloadable copy at handover.
4. CMS admin. An administrator account in WordPress, Shopify or whatever runs the site, so you can add and remove other users.
5. Analytics and Search Console. Google Analytics and Google Search Console set up under your own Google account, with the developer added as a user.
6. Third-party accounts. Payment gateway, email delivery, maps, booking or chat tools, and any paid plugins or themes registered to your business, not to the developer.
7. Design source files. The original design files (Figma or similar), logo files and any photos bought for the site, with their licences.
8. A handover note. A short document listing every account, where it lives and who has access, so the next person can pick it up in a day.

If a developer resists any item on this list, ask why. A good team has no reason to keep your accounts.

What to put in the contract

Three short clauses do most of the work:

• Copyright transfer on full payment. The contract should say that on full payment, the developer assigns to you all copyright in the code, design and content written for your project. Ask for it to be signed by both sides.
• Accounts in the client's name. The contract should say that the domain, hosting and third-party accounts are registered to the client from the start.
• Handover at the end. A list of what is handed over (the checklist above) and when.

Most developers also use ready-made parts: open-source libraries, a WordPress theme or their own reusable code. That is normal. The contract should give you the right to keep using those parts inside your website for good, even if they are not assigned to you.

For US readers. Many US contracts use the phrase "work made for hire". The US Copyright Office explains in Circular 30 that a commissioned work counts as made for hire only if it falls into one of nine listed categories and both sides sign a written agreement saying so. Software and websites are not on that list. So for a site built by an outside team, the safe route is a written assignment of copyright, signed by the developer. US law requires a transfer of copyright to be in writing and signed by the owner.

For Dubai and UAE readers. A plain .ae domain can be registered by anyone, but a .co.ae domain is for businesses trading in the UAE. The .aeDA domain name policy asks the registrant to hold a UAE trade licence (free zone licences included) or a UAE trade mark, and the name must match a company the registrant controls. In other words, a .co.ae should be registered by your own company, never by your developer.

How White Gold Technologies handles ownership

We are a web and software company in Alwar, Rajasthan, building websites, online stores and business software since 2013 for more than 1,200 clients. Our rule is simple: you own the domain, the code and the logins from day one.

• The domain and hosting are registered in your name. If you already have them, we work inside your accounts.
• Analytics, Search Console, payment gateway and other accounts are opened under your business.
• Each project is quoted at a fixed price per milestone, in your currency, so you always know what the next payment buys.
• At the end you get a handover: every login, the full code, the design files and a short note of where everything lives.

We also take over websites that another developer left behind. The first step is the same checklist: we help you recover the domain, the hosting and the admin access, then fix or rebuild the site.

We work on WhatsApp and video calls, and the studio is open 09:00 to 21:00 IST, Monday to Saturday, with WhatsApp after hours. You can read how we work with clients abroad on our global page, or go straight to your country: Dubai, UK, USA, Canada and Australia.

Frequently asked questions

If I outsource my website to India, do I own the code?

You own it if the contract assigns the copyright to you in writing and the accounts are in your name. Without a written transfer, the developer may still hold the copyright and you may only have a licence to use the site. Ask for the transfer clause before you pay a deposit.

What should I receive when my website is handed over?

The registrar login for a domain registered in your name, the hosting account, admin access to the code repository and the CMS, Analytics and Search Console under your Google account, third-party accounts in your business name, the design source files and a handover note listing all of it.

Can I move my website to another developer later?

Yes, if you hold the domain, hosting and code. Moving is then a matter of giving the new team access. If the old developer holds those accounts, recover them first, starting with the domain, because the domain is what your customers and email depend on.

Why does an invoice from an Indian web company show 0% GST?

Under section 16 of India's IGST Act, an export of services is a "zero rated supply". An Indian company that has filed a Letter of Undertaking can invoice a client abroad without charging Indian GST, so the invoice shows no Indian tax. Any tax in your own country is handled under your country's rules.

Talk to White Gold Technologies

Planning a new website, or want your current one back in your own name? Call or WhatsApp us on (+91) 9414-909092, email contact@wgtechsoft.com or send your brief through the contact page. See how we work with businesses abroad on the global page, or pick your country page above.