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TERMS
x
CONDITIONS

Effective Date: May 9, 2026

 

By commissioning a project with HEYDA or accessing our resources, you enter into a collaborative partnership governed by these terms. This agreement defines the responsibilities of HEYDA Inc., our clients, and all visitors to heyda.ca. These standards clarify expectations and ensure a seamless journey from imagination to reality while protecting the creative integrity of our atelier.

 

1. Collaborative Process

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Our workflow is rooted in the five-step process detailed in our Process x Delivery guide:

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- The Blueprint: A project begins once the "Three-Point Framework" (Theme, Background, Style) is defined.

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- Prototypes: We provide up to three custom mock-ups after receiving the initial payment. Typically, we present the first two concepts initially; the third is reserved for adjustments based on your feedback.

 

2. Timelines

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We prioritize the "chemistry of the medium over speed." These timelines are essential to ensure the longevity and archival quality of your legacy piece. By agreeing to these terms, you accept our professional atelier timelines:

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- Creation: A period of 3–6 weeks is required for meticulous hand-painting and layering.

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- Structural Integrity: Following completion, a natural drying period of 1–3 weeks is mandatory before the canvas can be safely rolled and packaged.

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- Modifications: If adjustments are requested, additional time will be required to ensure satisfactory results. Typically, we require 3 days to create new prototypes and 1 week for artwork refinements.

 

3. Artistic Liberty x Technical Integrity

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Our artworks are handcrafted by masters following traditional atelier methods. To ensure a "masterpiece, not a replica," we operate on the principle of 80% Accuracy + 20% Creativity. The results are unique creations that honor your vision while allowing for the painterly touch that defines fine art.

 

- Color x Likeness: Due to the handcrafted nature of our work, slight variations in color, brushstrokes, and likeness compared to reference photos are natural signatures of the artistic process and are not considered defects.

 

- The Digital Preview: We utilize high-resolution previews for your approval. Please note that lighting conditions, monitor calibrations, and camera lens settings (including built-in AI) can affect how colors appear on screen versus the physical canvas. We strive for total accuracy, but minor tonal differences may exist between the digital preview and the real artwork.

 

4. Logistics x Global Delivery

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We partner with leading global logistics providers—including Canada Post, UPS, and Purolator—to ensure a safe journey for your masterpiece. From meticulous packaging to final dispatch, we prioritize the structural integrity of your creation.

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- The Rolled Standard: To honor the "liberty of choice" and ensure safe transit, all artworks are delivered as rolled canvases without frames. This allows you to select custom framing that perfectly complements your environment.

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- Double-Layer Protection: We utilize a high-impact, hard-shell tube encased within a secondary reinforced shipping box for maximum durability.

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- Real-Time Tracking: Upon handover to the carrier, a tracking number will be provided via email, allowing you to monitor your delivery in real-time.

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- Carrier Liability: While HEYDA is not liable for delays, losses, or damages occurring after a "pristine condition" handover to the carrier, we provide support for insurance claims. Please notify the atelier of any transit issues within 7 days of delivery with supporting evidence (e.g., photos of the damaged packaging and canvas).

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- Tax x Duty x Tariff: : International clients serve as the 'Importer of Record.' HEYDA is not responsible for VAT, GST, or regional Trade Tariffs. We recommend consulting your local customs office to estimate these costs prior to arrival.

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5. Archival Care x Client Responsibility

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Our methodology is built for longevity; many works from our international heritage remain in pristine condition after more than two decades. However, the long-term preservation of a masterpiece is a shared responsibility.

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- Framing x Installation: Upon delivery, we strongly recommend professional framing and proper installation to ensure the structural integrity of your canvas.

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- Preserve x Protect: To ensure the material’s longevity, we suggest following the guidelines outlined in our Archival Care resource. HEYDA is not liable for damage resulting from improper storage, framing, or environmental exposure after delivery.

 

6. Intellectual Property x Copyrights

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We highly respect the work of fellow artists and strictly adhere to global copyright standards to protect the integrity of the creative industry.

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- Atelier Rights: HEYDA and its specialized masters retain all reproduction rights. Artworks may be featured on our digital platforms (e.g., YouTube, X) to document our "Atelier Methods" and portfolio. If you require a "Private Legacy" agreement to keep your project confidential, please notify us before or during the Final Approval phase prior to delivery.

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- Usage: Commissioned works are intended for personal or commercial display. Reproduction, modification, or resale of the artwork for external commercial gain without explicit written consent from the atelier is prohibited.

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- Client Responsibility: By providing reference images, the client certifies they hold the necessary rights or permissions for their reproduction. The client assumes full responsibility for ensuring images are in the public domain or used within legal provisions. In the event of a legal dispute regarding provided images, the client agrees to assume full responsibility for any resulting legal fees or damages.

 

Legal Resources:

For more information about global Copyright Laws, please visit:

- Government of Canada: Canadian Intellectual Property Office

- U.S. Copyright Office: Copyright Law of the United States

 

7. Unforeseen Events x Collaborative Spirit

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With decades of global experience, we are well-prepared for diverse challenges. However, as in any creative journey, unforeseen issues may arise. For any situation not explicitly covered within these terms, we maintain an open-door policy for professional discussion.

 

Mutual Resolution: We believe that any challenge can be resolved through clear communication and mutual respect. We are committed to working with you to find fair and creative solutions that honor both your vision and the integrity of the atelier.

 

8. Dispute x Settlement

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We are committed to resolving any issues through the spirit of "Win x Win". In the rare event of a disagreement, we suggest the following framework to resolve matters efficiently while preserving our creative relationship:

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- Governing Law: All agreements and interactions are governed by the laws of the Province of Nova Scotia and the federal laws of Canada.

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- Good-Faith Negotiation: Both parties agree to first attempt to resolve any dispute through direct, good-faith professional discussion within 30 days of the issue arising.

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- Voluntary Mediation: If negotiation is unsuccessful, we suggest seeking a collaborative solution via a neutral third-party mediator, such as those registered with the ADR Institute of Canada.

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- Final Jurisdiction: In the unpleasant event that a total disagreement occurs and formal legal action is unavoidable, both parties agree to the exclusive jurisdiction of the courts in Nova Scotia, which shall serve as the definitive venue for all disputes and settlements.

 

9. Cancellations x Returns x Refunds

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To ensure fairness for both the client and the artisan, all project cancellations, physical returns, and financial refunds are governed by our dedicated Returns x Refunds policy.

 

Policy Integration: By agreeing to these terms, you acknowledge that you have reviewed the Returns x Refunds section, specifically regarding the non-refundable Design Fees associated with our prototype phase.

 

10. Privacy x Data

We highly respect and protect our clients' rights to privacy and data. We are committed to safeguarding your personal information and creative assets according to the standards outlined in our Privacy x Data policy.

 

Disclaimer: This document serves as a business-client agreement, not legal advice. For specific legal inquiries, please consult with a legal professional.

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