Marketing Terms & Conditions


terms-et-imgAll work performed by The YBS Marketing Department Agency, The YBS Marketing Department, Inc. (hereafter referred to as “The YBS Marketing Department” or “TMD”), freelancers and/or subcontractors working on behalf of or for The YBS Marketing Department is subject to the following Terms & Conditions.  By accepting a Quote and/or Invoice, in writing or verbally, the customer agrees to be bound by these terms and conditions.

  • The YBS Marketing Department reserves the right to refuse business to anyone for any reason.
  • The YBS Marketing Department reserves the right to cancel any contract at any time for any reason.
  • Due to the custom nature of the work done by The YBS Marketing Department, all prepayments and deposits are non-refundable and all jobs are non-cancelable. All costs for a project are due 100% in advance by certified funds only unless other terms and/or payment schedule has been specifically outlined and agreed to by all parties involved. No work will begin on the project until The YBS Marketing Department has received full payment.
  • Final payments for work done on a deposit or other terms agreement will be due upon receipt of the first drafts or proofs. The YBS Marketing Department reserves the right to request the final project payment at any time.
  • In order to qualify for any terms, to start work with a deposit on the initial Invoice or to qualify for a retainer and/or monthly contract agreement, the client must provide The YBS Marketing Department with a valid Visa or MasterCard using the standard Credit Card payment form from The YBS Marketing Department unless prior arrangements have been made.
  • If customer and The YBS Marketing Department have entered into a retainer and/or monthly contract agreement, both parties agree to be bound by the terms of the contract as outlined in the signed agreement.  Any cancellations of the agreement by the client must be submitted in writing at least thirty (30) days in advance of termination date and client will be responsible for any outstanding fees that remain.  Payment for any and all outstanding fees must be made prior to termination date.  If payment is not made by termination date, The YBS Marketing Department reserves the right to charge any outstanding balances to the credit card on file.
  • If additional costs are incurred during the project, Invoices may be submitted as costs are incurred and/or a final Invoice will be presented to the client at the end of the project with the remaining amount due.  If payment is not made on the Invoice(s) within 10 calendar days from the Invoice Due Date, The YBS Marketing Department reserves the right to charge any outstanding balances to the credit card on file.
  • If, for any reason, the client does not contact The YBS Marketing Department within 5 business days of receiving an Invoice to make payment arrangements or does not pay any Invoice 10 days from the Invoice Payment Due Date (or by the date agreed upon by both parties if payment arrangements have been made), The YBS Marketing Department reserves the right to charge the credit card on file for that customer for the entire remaining balance on all outstanding Invoices.  In addition, additional service fees and/or late fees may apply.  If payment arrangements have been made for any or all outstanding Invoices and the client does not meet a payment due date within 24 hours, The YBS Marketing Department will charge the entire remaining balance due for all outstanding Invoices to the credit card on file for that client.  Additional service fees and/or late fees may apply.
  • Once the customer agrees to the original quote and/or Invoice either verbally or in writing, the customer is responsible for all costs as reflected in the quote and/or Invoice and no attempted cancellation by the customer is valid.  If a project is cancelled for any reason, the customer will be responsible for the total amount due for the project in its entirety, plus, additional time, services and materials purchased and/or used up to that point, even if The YBS Marketing Department previously waived the cost of those services as a benefit to the customer and in anticipation of completion of the entire project by The YBS Marketing Department.  The customer will also be responsible for a 25% cancellation fee.  If the customer unreasonably withholds approval of any portion of a project (approval not given within 30 days or by project deadline/due date) or does not approve the start of a project within 30 days of payment, The YBS Marketing Department reserves the right to terminate the project immediately and collect all funds still due plus any additional costs incurred including but not limited to, time, services, materials and cancellation fees.  If, for any reason the customer refuses to pay any portion of the amount due or for any other reason The YBS Marketing Department must obtain legal assistance, the customer agrees to pay all of the costs involved in arbitration or litigation.
  • Although The YBS Marketing Department may provide several concept/design selections to choose from, all costs/quotes include one (1) concept/design selection unless otherwise indicated on the quote.  Additional concept/design selections may be purchased for an additional fee.
  • Project Change Order” forms will be submitted to you digitally via email and may be returned either via Fax, mail or e-mail.  If returned by Fax, form must be signed by client.  If form is returned by email, the return email will be considered a digital signature and client agrees to be bound by the changed quote, prices and/or payment terms.
  • Quotes are based on the information provided to The YBS Marketing Department by the customer at the onset of the project and before any work has begun.  If there are any changes submitted AFTER work has begun the cost of the customer’s project will likely be increased.  These changes include but not limited to the number of pages, size of pages or layouts, content changes, image changes, chart or other graphical element changes,  formatting, number of colors, colors/type of colors (Process, Spot and/or Pantone), quantity, bleeds, printer’s specs, overall ink coverage per page, binding, number of folds, trims, type of proof, number of proofs), number of designs selected and many other changes (please check with your representative for confirmation as to if your changes will incur additional costs).  If The YBS Marketing Department discovers that the original information provided is incorrect, or if the customer contacts The YBS Marketing Department with changes to the scope of the project, or with any of the other reasons outlined herein, all work on the customer’s project will cease until a “Project Change Order Form” is signed and returned to The YBS Marketing Department.  The “Project Change Order” Form” will provide the customer with a new quote and, if necessary, new anticipated delivery time.   The customer agrees not to unreasonably withhold consent to the new quote.   If the customer does not agree to the new quote, the customer will still be responsible for time, services and materials used up to that point, if any, even if The YBS Marketing Department previously waived the cost of those services as a benefit to the customer and in anticipation of completion of the entire project by The YBS Marketing Department.  The customer will also be responsible for a 25% cancellation fee, and The YBS Marketing Department will provide the customer with an invoice, breaking down the costs and will refund the customer’s balance, if any.  If the customer unreasonably withholds consent to a new quote, the customer agrees to pay the costs involved in arbitration or litigation.
  • The YBS Marketing Department requires that one person from the client company be assigned to be the project contact person.  If this contact person needs to be changed at any point during the implementation of a project, The YBS Marketing Department must be notified IN WRITING (by letter or email) of this change.  Any input received by anyone other than the assigned contact person will be disregarded.
  • All information regarding both initial project implementation and project changes must be submitted in writing by the client to The YBS Marketing Department.  This project information can be submitted by email to your account representative.
  • The customer is responsible for delivering any and all artwork (including but not limited to: logo, banners, graphic elements used in previous layouts or on existing advertising pieces, actual previous layouts/artwork, examples of previous layouts/artwork, photographs, illustrations, ad copy/content/text & logos) that is to be used in the design project that the customer and The YBS Marketing Department agree to before the project will be started.  These materials must be submitted “ready to go” – with images and photos labeled in an easy to read, easily understandable format.  These elements also need to be explained using some system or method so that we can easily tell which image goes where or which image you intend for us to use for which section or which image go with which set of content.  Submitting images with names that are “numbers” (for example) makes it extremely difficult for us to decipher and determine which pieces you want us to use.  These files should all be fully proofed and vetted before submitting it to YBS.  Any time that is invested in to managing/handling/deciphering these files WILL BE BILLED FOR.   Also graphical elements/images/photos/logos need to be submitted “ready to use” and if they are not “ready to use” then there will be fees associated with preparing the files for use (which may include photo retouching, dropping out photos or removing backgrounds, photo recoloring, changing photos in any way, etc.).  Please do not submit EXTRA images/content/photos/graphical elements – just submit the files that you want to be used for the job in question.  If you submit files to us other than what you want us to use for your job then we will have to bill you for the time we spend trying to figure out which elements you want us to use and which elements you don’t want us to use.  Content must be submitted digitally (in an unformatted current version of MS Word or Notepad or Wordpad) and must be 100% ready to go and set up to be copied and pasted directly into the artwork that we are creating for you (without any additional interaction or management of that content or files).  If the content is not “ready to go’ or if work has to be done to assemble, compile, edit, rewrite, white, type, find, locate, separate, decipher, proof, approve, translate, vet or otherwise handle or manage – then any work associated with that work has not be quoted in the original job quote and will be billed at our standard hourly rate (unless this work has a RUSH deadline that requires us to work on weekends or overnight or on holidays, then additional fees will be incurred).  Artwork must be submitted in a digital format either in person (physically) or digitally transmitted (and if it is provided in a physical format then extra fees will be incurred if scanning is required).  Please talk to your representative at The YBS Marketing Department for more information on how to submit your artwork and other content. The YBS Marketing Department is not responsible for errors, server problems or any and all transmittal problems associated with sending files over the Internet.  The customer is responsible to provide The YBS Marketing Department with all artwork and copy on time and on a timely basis.  Any and all time promises ARE BASED ON RECEIVING ALL MATERIALS ON A TIMELY BASIS (I.E., WHEN WE NEED IT) AND IN A READY TO GO FORMAT.  If we do not receive it in a timely basis, ready to go, then deadlines may not be able to be met or RUSH fees will need to be charged in order to reach or meet your deadline.  If we find that any of the materials are missing and/or not ready to go – then rush services and related charges may very well likely be incurred and we may not be able to reach you or notify you of this in advance if it occurs overnight or during a weekend or holiday.  Unless otherwise instructed prior to starting the job, the submission of the original order provides us with the authority to do whatever we need to do in order to get the job done when you need it, even if we can’t reach you during this time and even if this means that extra fees may have to be incurred.  The YBS Marketing Department will work closely with the customer to attempt to resolve any transmittal problems and to resolve any issues related to the materials not being submitted in a ready to go format, however, if such problems take a considerable amount of The YBS Marketing Department’s time to resolve (overt and above the time that was originally estimated and quoted for the job), the customer may be responsible for additional costs.  If the artwork is not received in a timely manner and/or within the recommended time in order to complete the project by the date requested by the customer, The YBS Marketing Departmentcannot be held in any way responsible if the job is not completed by the requested date.
  • Layout, design and/or copy-writing work cannot be started until all requested materials, including copy (or text), logos, photos, etc., have been received from the customer.  It is the customers’ responsibility to provide these items to The YBS Marketing Department on a timely basis and in a form or format that is usable by The YBS Marketing Department.  Any materials provided that are not up to the required standard will be requested to be resubmitted by the client.  If requested materials are not available in the format required for the project, The YBS Marketing Department may be able to reproduce materials digitally at an additional fee.  A Project Change Order will be submitted to and must be signed & returned to The YBS Marketing Department by client before any work will be done. If the client cannot be reached and YBS is working on a project to meet a previously agreed upon schedule or deadline, then extra fees may be incurred without prior approval by the client in order to reach this deadline.  If client requests that The YBS Marketing Department reproduces any materials, it will be assumed by The YBS Marketing Department that the client has the rights or and/or permission from the owner of any trademarked or copyrighted photos, text, logos, etc. and client will be responsible for any copyright, trademark and/or legal issues that may be incurred. It is the client’s responsibility to ensure that they have all the required licenses to use any photos or logos or artwork submitted to YBS Marketing for use in their advertising piece.
  • If the project has a media deadline/materials due date, The YBS Marketing Department reserves the right to give the final approval of the project when the final approval cannot be obtained by the customer.  Once final approval is given on any project, The YBS Marketing Department cannot be held responsible for any omissions or errors (including, but not limited to: textual changes, typos, misspellings, size, colors).
  • All project completion times are approximate.  The YBS Marketing Department strives to complete all projects in a timely manner and will offer Rush Service if requested.  Rush Service is available at an additional cost for any job with a turnaround time that is two (2) weeks or less. The YBS Marketing Department turn around time and RUSH services will be determined by many factors including how many jobs are in house and ahead of the client’s job when the client submits all their artwork and required materials for the new job in question.   The YBS Marketing Department will include the Rush Service fee in the customer’s original quote or by email after the job has started whenever possible,  if the customer has requested Rush Service and/or if we find that RUSH services will be needed.   If the customer requests Rush Service after The YBS Marketing Department has begun work on the customer’s project, a “Project Change Order” will need to be completed, as discussed above.  The customer is responsible for all shipping charges that may apply, including any additional charges for Rush delivery (for example, overnight service) and those charges must be paid in advance of shipment.  If The YBS Marketing Department has discussed an approximate completion time with the customer, The YBS Marketing Department is not responsible for late completion and/or any additional shipping fees incurred if the customer does not send The YBS Marketing Department all artwork and copy as originally agreed (if artwork is submitted using the FTP site, a disk with the artwork is still required, please see the paragraph outlining use of the FTP site for more information), or for any other delays due to circumstances beyond The YBS Marketing Department’s control (including, but not limited to, delays by the shipper {either coming or going}, problems in transmitting files, delays by the customer, delays in receiving required materials or the “Artwork Approval Form” from the customer, changes to any artwork or copy necessary).
  • Every job is proofed by The YBS Marketing Department and we will make every effort to ensure that the customer’s job is accurate and free of typographical errors.  However, the customer is responsible for the final approval of the job and any errors including but not limited to typographical errors, incorrect contact information and/or layout & design issues are ultimately the responsibility of the end customer Approval of the proof by the customer, either verbally or in writing, certifies that the customer has reviewed the proof sent to them and confirmed that the artwork is final and that there are no additional changes or corrections (including but not limited to text changes, typos, misspellings, design changes, color changes, size changes and/or layout changes) and that the customer does not want The YBS Marketing Department to make any further changes, additions or deletions to the artwork.  The customer is also approving that the artwork is ready to be delivered to the final recipient (printer, magazine or other party assigned by the customer) AS it currently IS.  Once approved, whether verbally, via email or by signing & faxing an artwork approval form, The YBS Marketing Department is released from any liability for any omissions or errors.  Please keep in mind that we are not able to proof certain things such as employee names, phone numbers, titles, addresses, etc.  We will have to depend on you and your proofing ability in order to ensure that these items are correct.
  • Rush Jobs – Rush Fees may apply for any job with a turnaround time that is two (2) weeks or less (but this also depends on what jobs we have in house when you submit your order, payment and required materials). We highly recommend that all jobs be given at least 48 hours between the time the design and typesetting is finished and the time the item goes to press.  This is because it takes that much time to “digest” the information and to insure that no typos or content errors exist.  Proofing a job takes time and can be very difficult, because of the way people read things and how easy it is to not see an error – and that’s why we warn that you take extra time to ensure your piece is exactly the way you want it.  Please take an extra day or two to proof and reproof your job, because the final proofing is the responsibility of the client. Rush fees may vary according to the job type and artwork deadline. Once final approval is given on any project, The YBS Marketing Department cannot be held responsible for any omissions or errors (including, but not limited to: textual changes, typos, misspellings, size and colors).
  • The YBS Marketing Department is not responsible for keeping any digital files of artwork for any customer.  It is the customer’s sole responsibility to provide The YBS Marketing Department with any digital files (including but not limited to: artwork, photographs, illustrations, copy & logos) required for any project.  The YBS Marketing Department includes delivery of finished artwork to one (1) recipient with any project.  Customers can request digital files be delivered to an additional recipient(s) at an additional fee.  Contact your Sales representative for fee information and details.
  • All work performed on an hourly basis will be billed in 1 hour increments and have a 1 hour minimum.  The customer may receive a quote with a flat fee for their projects from The YBS Marketing Department, however, any work done above and beyond the scope of the flat rate may be billed at an hourly rate.  The customer will be responsible for any additional fees that may be incurred on their project.  Hourly rates vary depending on the type of work to be performed (i.e., design, copy writing, programming, etc.), ask your account representative for the hourly rate for your project, if needed.
  • All online pricing is subject to change at any time without notice.
  • If any client does not respond to communications from YBS about any outstanding job or about any edits to a proof (i.e., proofs that have been submitted to the client for approval) OR if a client refuses to respond to inquires about payment OR if the client is not able to be reached for 10 days after a proof has been submitted, then YBS reserves the right to charge any outstanding balances to any credit cards that may be on file and/or the right to withhold any previous or outstanding jobs/artwork/content or to remove or recall any artwork that has been submitted or is due to the media or to remove any websites from the Internet or restrict access to any websites that are currently live or recall or retain any other artwork/print jobs/content or other related materials in order to get a response from the client.  Once the client responds to the inquires, pays the invoice in full the job or item will be released or returned.    
  • The YBS Marketing Department reserves the right to modify these Terms and Conditions at any time, and without prior notice, by posting amended terms on this website.  The customer’s continued use of The YBS Marketing Department’s services indicates customer acceptance of the amended Terms & Conditions.
  • This agreement may not be assigned or transferred to another party, for any reason whatsoever. If the customer is a corporation, partnership or other entity, the party signing on behalf of the entity is certifying by signing that they are authorized to do so.  This agreement is construed in accordance with the laws of the State of Texas.