TERMS AND CONDITIONS

UPDATED JANUARY 4, 2019

PLEASE READ THIS AGREEMENT CAREFULLY. BY ORDERING ANY OF OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING EVOLVING MEDIA & DESIGN’S PRIVACY POLICY & ACCEPTABLE USAGE POLICY. YOUR USE OF THE SERVICES ALSO CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

1. Introduction

This User Agreement (‘Agreement’) is an agreement between Evolving Media, the public face of Evolving Media & Design Inc.® a Federally Incorporated Company in Canada, and the party set forth in the related order form (Customer) attached hereto and hereby incorporated by reference (together with any subsequent order forms submitted by Customer, the ‘Order Form’), and applies to the purchase of all services (collectively, the ‘Services’) ordered by Customer on the Order Form or through any other channels Evolving Media & Design Inc. provides to order and upgrade service. Such party is referred to in this Agreement as ‘Customer’ or ‘you’. Evolving Media & Design Inc. reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by Evolving Media & Design Inc.. Activation or commencement of the Services shall indicate Evolving Media & Design Inc.’s acceptance of this Agreement. Subject to the terms and conditions of this Agreement, Evolving Media & Design Inc. will provide to Customer the Services selected by Customer set forth on the Order Form. Evolving Media & Design Inc. reserves the right to refuse service to anyone. Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized and in good standing under the laws of the state or Province of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.

2. Amendment of Agreement

Evolving Media & Design Inc. may amend or otherwise modify this Agreement. Customer agrees that Evolving Media & Design Inc.’s posting of any amendments or modifications to this website (http://www.evolvingmedia.com/) shall constitute adequate notice to Customer and that Customer shall periodically consult this web page for any changes or amendments to this Agreement.

Evolving Media & Design Inc. may, but is under no obligation to, provide additional notice of any amendment, modification or update of this Agreement via e-mail to Customer. If any material modification to this Agreement is unacceptable to Customer it shall be Customer’s responsibility to terminate their subscription as provided in Section 3 of this Agreement. If Customer does not terminate the Agreement within 10 days of the material modification then Customer’s continued use will mean that Customer has accepted the amended or modified Agreement.