Provide source code to a client? (Y/N)

Let's say I build a website for a client.

1. Do I HAVE to give him ftp access?

Let's say we agreed I didn't have to give him ftp access. The reason is there's some code there for which he paid a license fee but he did not pay to get the source code (just a license to use it). Since he has no ftp access, he will not see the site's source code (yep, it's PHP!)...

2. What happens in case my business goes bankrupt (ouch), I die (OUCH!!!) or I have to leave the country all of a sudden? You catch my drift: is my client entitled to the source code in case I or my company isn't there anymore?

R.

If you agreed with him (and had it signed) that FTP access isn't granted then you don't have to give it. Technically you don't even have to go this far, if your client signed something that says what is included then you don't have to say what is not.

If you die or your company ceases trading and you have a clause saying that contracts will be voided in such a circumstance then that's tough luck for the client. The service stops, the source code is not theirs so they can no longer use it.

It boils down to a rights issue, what did you sell the rights to in the contract? If you sold the rights for the client to make use of the service then that's solely what they get, no code. If you sold the rights to the service then they get to have the code also. It's a fine line where one word can trip you up.