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We're having issues with the agency — what happens if we cancel the contract? Can we get our data, do they charge a penalty?

MMerve T***ExpertCommunity member
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Feb 2024
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13
#1

We said the agency provided poor service. We want to terminate the contract. The contract says: 'In case of early termination, the customer bears additional costs.' What does 'additional costs' mean? Can we access the data? Do we own the code implemented on the site, or does the agency?

Can we move to another agency? Or do we need to get all the files?

YYavuzExpert
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Information Security Manager
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Most Helpful#2

Contract termination is the customer's right. However, whether the agency's 'additional cost' claims are justified depends on the contract. Legally speaking:

1) Early termination by the customer — the agency cancels the service for the remaining period, and they can only charge a penalty if it's written in the contract. 2) Data and IP — all software, code, and designs paid for by the customer are the customer's property. 3) Hosting and domain — if opened in the customer's name, the customer owns it; if in the agency's name, a transfer is required.

Important: take a backup of all files (source code, database, images, design files). Make a written request to the agency: 'transfer all project files'. The site can be migrated to another hoster from the backup.

HHüsniye K***ExpertCommunity member
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Jul 2025
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#3

I got mad at my agency too and said I'd cancel the contract. The agency said '5000 TL penalty'. I consulted a lawyer he said it's valid if written in the contract, but I insisted the data was ours, and they handed it over.

SSenaMember
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two-branch business
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#4

read the contract is there a penalty clause? if its written there, youre stuck but the data must definitely be yours — get a written delivery receipt.

BBora A***MemberCommunity member
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#5

Contract Termination Checklist: - Early termination penalty amount? (Is it written in the contract?) - Delivery of all data/files is required (source code, DB, images) - Who owns the hosting/domain? (Transfer might be needed) - End date of support period? (Refund for unpaid days?) - Intellectual property (IP) — who owns the designs? - Will data outputs (backups) be delivered?

KKübra Ö***VeteranCommunity member
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Apr 2024
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317
#6

Did you read the 'Termination' clause when you signed the contract? Most people don't read the final clauses. Is it too late now, do you recommend consulting a lawyer?

ÜÜlkü Ş***MemberCommunity member
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#7

Defending the right to terminate the contract: 1) Show the contract to a lawyer (100-300 TL consultation fee). 2) Send a written request to the agency: 'I want to terminate the contract + deliver all data'. 3) Get backups (request FTP, cPanel access). 4) Set up the site at a new address. 5) Change the domain nameservers. 6) If there is a legal penalty, pay it.

FFatih B***Member
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#8

The opposite happened to me, that's why I'm writing. The biggest time-waster for us was not knowing who had the final say.

Just leaving this note, it might be useful.

YYasemin K***Member
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#9

Following. Don't hesitate to ask; those who don't ask always pay more.

Hope this helps.

PPolat M***Expert
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Doki · Interface design · 2024

#10

This is exactly what we experienced. Processes without records never improve because you don't know what to fix.

I'm also curious if anyone does it differently.

GGürkan Y***MemberCommunity member
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#11

Good call starting this thread.

HHalil K***Member
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Doki · Interface design · 2026

#12

Three different views emerged, they all complement each other. People defend habits, not processes. Resistance comes from there.

Proven by experience.

ZZafer K***Member
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#13

I felt relieved reading this answer, so it's not just me. Taking notes for two weeks yields better results than a six-month estimate.

Just leaving this note, it might be useful.

OOnur A***Veteran
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#14

The cheap-looking path usually ends up costing more later. When you try to change everything at once nothing settles.

Most time waste accumulates in tasks waiting for approval. Just leaving this note it might be useful.

ZZübeyde E***Member
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#15

There's one point I'm curious about. Taking notes for two weeks yields better results than a six-month estimate.

FFiliz K***Member
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#16

i didn't know that.

KKazımNew member
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#17

Great work.

EEsra D***MemberCommunity member
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#18

Thanks for writing this that's the right way. btw hasty decisions become decisions you have to fix six months later.

Mistakes made on the how to cancel a contract side are usually reversible but expensive.

KKübra M***Member
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#19

There's a common mistake people make when doing this. Weekly written progress reports are much more useful than asking for dates.

Hope this helps.

IIrmak T***Veteran
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#20

Noted, thanks.

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