Terms & Conditions

Communication is at the heart of how we work, and if you ever have any concerns about how we do business, please reach out to us at hello@sammerrigandesign.com and we'll get back to you as soon as possible.

That said, we're legally required to set out formal Terms and Conditions. Please read on.

This website, accessible at sammerrigandesign.com, is published by Sam Merrigan design ABN 66 188 634 374.

Please take the time to read through these Terms and Conditions carefully before commencing any project with Sam Merrigan Design (referred to throughout as "SM"). We may update these Terms and Conditions from time to time without notice, so please check this page periodically. Contact us if anything here is unclear.

Commencement of work

Agreement to work with SM, along with submission of a creative brief and payment of a deposit, constitutes acceptance of these Terms and Conditions.

Payment terms

The Client agrees to pay a 50% deposit of the quoted amount to commence any project, with the balance payable prior to final delivery. Once research, resource allocation, or design work has commenced, this deposit is non-refundable — including in the event of a change of mind by the Client after work has begun. In such cases, the deposit is forfeited, plus a pro-rata payment based on time already spent, calculated using our standard hourly rate of $120 for the relevant specialism.

If a project runs longer than 4 calendar weeks, the Client agrees to a progress payment of 50% of the remaining balance per month until completion, with any outstanding amount payable in full upon delivery.

Invoices not paid on receipt incur a late administration fee of $100. Accounts outstanding for 14 days after the invoice date incur an additional late fee of 5% of the project cost per week overdue. If you're having difficulty paying an invoice, please contact us as soon as possible so we can find a solution together.

Creative work samples

The Client agrees to allow SM to showcase work created during a project as part of our portfolio. We will only display project work once it has been publicly launched or released, respecting the confidential nature of work-in-progress.

Force majeure

Sam Merrigan Design is not liable for any failure or delay in delivery caused by circumstances outside our reasonable control, including but not limited to natural disasters, industrial disputes, government restrictions, power outages, supplier failures, or acts of terrorism.

Fees for service

The agreed fee for services is the cost estimate provided in writing (e.g. via email or proposal), unless the work undertaken exceeds what was originally outlined. Where possible, the Client will be notified in advance of any increase in project scope, and additional fees will apply for work beyond the original agreement.

Excess work ("out of scope")

This refers to any additions to the items defined in the original estimate, or changes to finished artwork after sign-off. Sam Merrigan Design includes two rounds of minor changes per project at no extra cost, provided they're requested within 10 days of delivery (the "review period"). Minor changes are defined as small adjustments to text, colour, or layout that take no longer than 3 hours of studio time.

Requests beyond this scope will be flagged to the Client as out-of-scope, and if the Client wishes to proceed, written agreement plus a fee of $120 per hour will apply. Where additional work wasn't part of the original quote, a progress payment may be required before further work begins; otherwise, additional costs will be added to the final invoice.

Work will not be published or released before full payment has been received.

Liability & litigation

All work and materials provided to the Client will be free of liens or encumbrances and may be lawfully used without infringing on the rights of any third party (including copyright, trade secret, patent, or trademark rights).

Sam Merrigan Design agrees to indemnify the Client against claims for injury, death, or property damage directly caused by our performance of the agreed work, except where such claims arise from the Client's own negligence.

Sam Merrigan Design is not liable for indirect or consequential loss (including loss of profit or loss of contracts) arising from reliance on materials we provide. Any liability is strictly limited to the direct cost of remedying the specific deliverable in question, and does not extend to delays, non-productive overtime, or related costs. Liability to any third party is excluded unless separately agreed in writing.

Approval of final artwork

While we take all reasonable care to avoid errors, Sam Merrigan Design is not responsible for typographical errors, spelling mistakes, or incorrect information in any project once it has been approved and sent to print or production. It is the Client's responsibility to proofread and approve all final copy. Written (including email) approval from the Client's representative is considered final sign-off. No refunds or reprints will be provided for errors that were present in the approved files.

Print returns and refunds

Once a final product has been approved (in writing or verbally) and sent to print or made public, Sam Merrigan Design is not liable for errors in the final product. It is the Client's responsibility to flag any errors during the review period, before final files are generated.

If a reprint is required due to a content error, the Client must notify us within 3 days of receiving the product, and return it (at the Client's cost) within 10 days for assessment. Payment for reprinted projects must be made in advance.

Print — colour variations

Some colour variation between on-screen designs and final printed materials is normal, due to the nature of CMYK and bulk printing processes. Sam Merrigan Design does not provide reprints at its own expense for this reason.

Copyright

Sam Merrigan Design retains ownership of design concepts and materials until a project is delivered and paid for in full, at which point ownership of the final approved concept transfers to the Client. Unused concepts remain the property of Sam Merrigan Design, and we retain the right to use them (along with paid concepts) in our portfolio and promotional materials, unless the Client requests otherwise in writing. Unless requested otherwise, we retain the right to include a small design credit on completed work (excluding corporate stationery).

This does not extend to concepts or proposals that were submitted but not approved for use. Until final payment is made, Sam Merrigan Design retains ownership of all artwork and any related architecture (e.g. website structure). We also retain rights to non-exclusive elements used in the creation of your project, such as stock images, fonts, patterns, textures, or source files, unless otherwise agreed.

Copyright licensing is subject to mutual written agreement between Client and Sam Merrigan Design, and in accordance with applicable copyright law. The copyright licence is automatically released to the Client upon receipt of final payment for the work.

Goodwill

This agreement assumes goodwill from both Sam Merrigan Design and the Client regarding what can reasonably be achieved within the agreed timeframe, and the best use of available resources to reach an effective outcome.

Resending / re-uploading files

If a Client loses or deletes delivered files, Sam Merrigan Design can re-send them for a fee of $50 per request, provided the request is made within 2 years of project completion.

Website / design credit

The Client agrees to allow Sam Merrigan Design to feature completed websites or designs, along with a link to the Client's site, on our own website for self-promotional purposes.

Termination policy

If a Client cancels a project after work has commenced, the deposit is forfeited to cover time, resources, and administration already committed. If the project is more than 50% complete (as determined jointly by Sam Merrigan Design and the Client), a pro-rata payment is due for time spent, at a rate of $120 per hour.

If Sam Merrigan Design cancels a project due to unforeseen circumstances, the deposit will be refunded to the Client in a timely manner.

In the event of Client-initiated cancellation, ownership of copyright and original artwork/files remains with Sam Merrigan Design.

Content submission

If you submit or share content with us — including feedback, testimonials, or social posts — you confirm you own the content or have permission to share it. By submitting it, you grant us a perpetual, royalty-free licence to use, edit, and share that content (e.g. as testimonials on our site or marketing materials), including with your name or handle where applicable. We won't claim ownership of your content beyond this use.

Post-completion alterations

Once a project is complete, we'll provide an opportunity to review the final work. Two rounds of minor changes are included at no extra cost within 10 days of delivery (the review period). Minor changes are small textual or layout adjustments taking no more than 3 hours of studio time; this does not include changes to imagery, colour palettes, or structural/navigation elements. If no changes are requested in writing within the review period, the work is considered accepted. Payment of the final invoice is also considered acceptance. Amendments requested after this period are billed at $120 per hour.

Confidentiality

Sam Merrigan Design and any team members or contractors will not, at any time, disclose confidential information belonging to the Client without prior written consent, except as required in the course of delivering the agreed work.

Late payments & default

Accounts unpaid within 15 days incur a late administration fee of $120. Accounts outstanding for 30 days incur an additional 5% late fee per week overdue.

An account is considered in default if unpaid after 30 days, or if the Client indicates they do not intend to pay. In this case, Sam Merrigan Design may suspend services (including access to files, hosting, or ongoing work) until the balance is paid, and may pursue debt recovery. Suspension of services does not remove the obligation to pay. Sam Merrigan Design is not liable for loss or damage resulting from suspended services due to non-payment.

Amendments to these terms

Any changes to these Terms and Conditions must be made in writing and agreed by an authorised representative of Sam Merrigan Design prior to commencement of the relevant work.

Contractors and confidentiality

Any contractors engaged by Sam Merrigan Design are bound by confidentiality and non-solicitation obligations for the duration of, and a period following, their engagement with us.

Disclaimer

Design, strategy, and creative work are inherently subjective. While we take great care with the advice, concepts, and creative direction we provide, Sam Merrigan Design cannot be held responsible for differences between expectation and final outcome.

Information on this website is provided for general informational purposes only. While we aim to keep it accurate and current, we make no warranties as to its accuracy, completeness, or reliability, and use of this information is at your own risk. Sam Merrigan Design is not liable for any loss or damage arising from use of this website, and has no control over external websites linked to from this site.

Thank you for considering Sam Merrigan Design as your creative partner.