The supplier behind your software has stopped supporting it

When the company that built or supports your system closes, is bought, raises its prices sharply or stops answering, you need the code, the data and the access in your own hands. We help you get them and then keep the system running.

How it tends to happen

Suppliers rarely announce that they have stopped supporting a system. A small software company is bought by a larger one, and the people who knew your system move on. A product is quietly retired and customers are told to move to its successor at a much higher price. A two-person firm stops answering emails. Sometimes the first sign is a renewal quote several times the size of the last one.

In each case the system itself still works. What has changed is that nobody stands behind it, and you may not hold what you would need to take it elsewhere.

What to check before anything else

Start with the paperwork. Find the original contract and any later support agreement, and read what they say about ownership of the source code, your licence to use it, and whether a copy was placed in escrow. Escrow means the code was deposited with an independent agent, who releases it to you if events named in the agreement occur. Do not assume that having paid for the software means you own it. If the contract is unclear, take legal advice.

Then look at what you hold in practice:

  • Do you have the current source code, or only the running system?
  • Do you have your own backup of the data?
  • Whose name are the hosting, the domain and the certificates in?

If the supplier hosts the system, the third question matters most. A supplier in difficulty may stop paying its own hosting bill, and a server switched off for non-payment can be hard to get back. While the supplier still exists and still answers, ask for a database backup, a copy of the code and administrator access. A request that takes a day now may be impossible later.

Your options

Negotiate. If the supplier is still trading, an agreed handover is the cheapest route: the code, a licence to keep using and changing it, and some of their developers’ time to explain it. A supplier retiring a product will sometimes agree to this as a way of ending its own obligations. Get the terms in writing.

Move to a new maintainer. If you hold the code and the access, another team can take the system on. The software stays as it is and your staff carry on using it. This depends on the code being complete enough to build, which should be checked early. Our takeover process is built around that check.

Replace it. If the code cannot be obtained, or the system was already near the end of its useful life, replacement may be the right answer. It is the slowest and most expensive route, and it still needs your data, so secure the backup whichever way you go. If your needs are standard, a packaged product may suit you better than a rebuild.

Stay and pay. Where the price has risen but support continues, paying for another year while you plan can be reasonable. Use the year to obtain the code and the data.

Where we would start

We would begin by finding out exactly what you hold and what the contract entitles you to ask for. Then we would help you ask for it, check what arrives, and prove that the application can be built from the code supplied.

If you want an independent view of the system’s condition before deciding, a code audit provides one at a fixed price. Once the system is under your control, it can move onto a maintenance arrangement like any other.

Recommended next step

Software takeover checklist

Ten checks, with the evidence to ask for at each, covering what to secure from the supplier now and what any new team must prove before it changes anything.

What to check and secure

What the contract says about the code
Whether your organisation owns the source code, holds a licence to use it, or has a right to receive a copy. If the wording is unclear, take legal advice.
Escrow
Whether the source code was deposited with an escrow agent, and which events entitle you to have it released.
A current copy of the source code
The code that matches what is running today, with everything needed to build it, held in a repository your organisation controls.
Your data
A full, recent backup of the database and any uploaded files, stored somewhere the supplier does not control.
Hosting and domains
Who holds the hosting account, the domain name and the security certificates, and who pays for them.
Third-party accounts
Payment, email, mapping and other services the system calls, and whose name each account is in.

What we do

  1. Establish your position

    We go through what you hold and what the supplier holds: code, data, hosting, domains and accounts, and what the contract entitles you to ask for.

  2. Get copies while you can

    While the supplier still answers, we help you request the source code, a database backup and administrator access, and check each one as it arrives.

  3. Prove the code is usable

    We build the application from the source you were given and compare the result with the running system.

  4. Move it under your control

    Hosting, domains and accounts are transferred to your organisation, with a planned switch if the system has to move to a new server.

  5. Support it

    The system goes onto a maintenance arrangement, or we set out the case for replacing it.

A good fit when

  • The supplier has closed, become insolvent or been bought by a company with no interest in your system.
  • The product has been retired and you have been told to migrate or leave.
  • Support prices have risen sharply and you want to know your alternatives.
  • Emails and calls go unanswered and the changes you need are not being made.

Probably not for you if

  • The system is the supplier's own packaged product, sold to many customers. You will not be given the code; the practical route is to export your data and move to another product.
  • The supplier owns the code and will not release or license it. That is a contractual matter to settle first, with legal advice.

Questions we are asked

Do we own the source code?

It depends on the contract. Having paid for software to be written does not by itself settle who owns it, so look for the clauses on intellectual property, licence and source code. If the wording is unclear or missing, take legal advice before relying on either answer.

The supplier has gone into liquidation. Can we still get the code?

Sometimes. If there is an escrow agreement, check whether insolvency is one of the events that releases the code to you. If there is not, the insolvency practitioner handling the company is the person to approach, and it is worth doing quickly. A copy may also be recoverable from the server the system runs on, if you have access to it.

The supplier hosts the system. What happens if they switch it off?

You lose the service and possibly the data, which is why a backup held by you matters more than anything else on this page. Ask now for regular database backups, and for the hosting account to be transferred to you or a copy of the server to be provided.

Is it worth negotiating with the supplier?

Often, yes. A supplier that is retiring a product or raising prices may still agree to hand over the code, grant a licence or support a planned handover for a fee. That usually costs less than rebuilding. Get what is agreed in writing.

Can another company support software it did not write?

Yes, provided you hold the source code and access to where it runs. The new maintainer needs to be able to build the application, release a change and restore a backup. We check those three things before taking a system on.

Tell us about your system

Say what it does, what it is built on and what is worrying you. We will reply with what we would look at first and whether we are the right people to help.

Discuss a software handover 0800 433 7990 Monday to Friday, 9am to 5pm. A first 20-minute call is free, and we reply to every enquiry within one working day. What happens after you get in touch