Version 1.0, effective from 12 July 2026, version 1.1, effective from 11 September 2026, and version 1.2, effective from 19 September 2026, continue to apply to Orders accepted before this version came into force, are retained as evidence of the acceptances already recorded and may be requested from the Supplier.
This document is intended exclusively for B2B relationships.
1. Identity of the Supplier
The website dentalphotovideo.it, commercially known as "Dental Photo & Video," is operated by:
Battaglia Alessandro – sole proprietorship (impresa individuale) Registered office: Viale Paolo Onorato Vigliani 17, 20148 Milano (MI), Italy VAT number: 14248220965 Tax code and Companies Register (Registro Imprese) registration number: BTTLSN95E03F205E REA: MI – 2769967 Companies Register (Registro Imprese) of Milano Monza Brianza Lodi PEC (certified email): alessandro.battaglia@pec.fiscozen.it Official email for orders, support, revisions and complaints: info@dentalphotovideo.it
Hereinafter, the "Supplier."
"Dental Photo & Video" is the commercial name of the website and services and does not constitute a legal entity distinct from Battaglia Alessandro.
2. Exclusively B2B scope of application
These Terms govern the sale of professional photographic and audiovisual post-production services carried out through the Website or by means of an individual quote.
The Services are reserved exclusively for businesses, companies, dental and professional practices, freelance professionals, entities, associations, universities, organisations and other parties purchasing within the scope of their business, professional or institutional activity.
The Customer declares that it is not purchasing as a consumer and acknowledges that the fourteen-day right of withdrawal provided for consumers does not apply to the B2B relationship governed by these Terms.
The Supplier may request data or documents suitable to verify the professional nature of the purchase and may refuse or cancel the Order where such requirement is not demonstrated.
Should the purchaser, notwithstanding the declarations made, qualify as a consumer under mandatory provisions, the mandatory protections provided by law shall apply.
3. Definitions
For the purposes of these Terms:
"Customer": the professional party purchasing the Service.
"Order": the purchase request submitted through the Website.
"Service": the photographic, video or combined post-production activity purchased by the Customer.
"Materials": photographs, videos, audio, documents, texts, logos, radiographs, images and any other file provided by the Customer.
"Brief": the set of instructions, purposes and technical specifications communicated by the Customer.
"Clinical case": a single treatment, procedure or case identifiable as a unitary project.
"First version": the first complete elaboration of the work submitted to the Customer for review.
"Revision": a single consolidated round of changes requested by the Customer.
"Final files": the exported and approved content intended for the Customer's use.
"Project files": the working files generated through editing, retouching or post-production software.
"Business day": any day from Monday to Friday, excluding Saturday, Sunday, Italian national holidays and closure periods communicated on the Website before purchase.
4. Countries served, currency and languages
The Supplier may accept Orders from Italy, other European Union countries and non-EU countries.
The Supplier may refuse Orders from countries that cannot be served for technical, tax, legal, security, payment reasons or that are subject to international sanctions and restrictions.
Prices and payments are expressed in euro. Any bank charges, currency conversion costs or fees applied by the Customer's payment provider remain the Customer's responsibility.
The Website and these Terms may be available in Italian and English. This English text is a courtesy translation; in the event of any discrepancy, interpretative difference or translation error, the Italian version shall prevail.
5. Account, Customer data and contacts
Creation of a personal account may be required in order to purchase the Services.
The Customer must provide complete, truthful and up-to-date information and is responsible for safeguarding its credentials, for activities carried out through its account and for the accuracy of its tax data.
During checkout, the following may be requested:
• the business name or professional name; • the first and last name of the contact person; • the email address; • an optional phone number, which the Supplier may use to contact the Customer; • the country and billing address; • VAT number, VAT Number or Tax ID; • tax code (codice fiscale), where applicable; • SDI recipient code or PEC, for Italian customers; • any additional data necessary for invoicing; • confirmation that the purchase is made for professional purposes.
The PEC is not mandatory where a valid SDI recipient code has been provided, save for specific needs.
The Customer is responsible for the consequences arising from incorrect, incomplete or outdated data.
6. Purchase procedure
Before submitting the Order, the Customer may select the Service and options, verify the features and price, correct the data entered, review and store these Terms, and proceed to payment.
Once payment is completed, the Website displays the outcome of the transaction and the Customer receives an electronic communication containing at least the Order number, the Service and options purchased with the relevant quantities and amounts, the total paid, payment confirmation and instructions for sending the Brief and the Materials.
The checkout return page and the electronic confirmation communication are generated only after the Supplier has verified the payment and constitute the confirmation of the Order pursuant to Article 7.
7. Conclusion of the contract and acceptance of the Order
The Order constitutes a contractual proposal by the Customer.
The online contract is concluded when the payment is confirmed and the Supplier's system makes available or sends the Order confirmation.
Performance of the Service and the delivery time limits do not begin, however, until the Supplier has received the Brief, the Materials, the tax data and statements and the necessary information, as provided for in Article 18.
The Supplier normally reviews the project within two Business Days of full receipt of:
• payment; • the Brief; • the Materials; • tax data; • a statement regarding authorisations; • answers to any technical questions.
Before work has begun, the Supplier may cancel the Order where:
- the Service purchased is not suitable for the work requested;
- the Materials are incomplete, corrupted or technically unusable;
- the Brief is missing, inconsistent or insufficient;
- the content is unlawful or potentially infringes the rights of others;
- the request is incompatible with professional, ethical or deontological principles;
- the workload does not allow proper execution;
- there is a manifest error in the price or description;
- there are suspicions of fraud, abuse or unauthorised use of the payment method;
- the Customer or the country of origin is subject to restrictions;
- there are technical, tax, legal or security reasons preventing execution.
In the event of cancellation before work has begun, the Supplier shall fully refund the amount paid, net of any external costs previously authorised by the Customer and already incurred.
8. Prices, tax regime and stamp duty
Prices are expressed in euro.
As of the effective date of these Terms, the Supplier operates under the Italian flat-rate tax regime (regime forfettario) and does not charge VAT to the Customer. The Website may use the following wording:
"VAT not applied due to the Supplier's tax regime. Stamp duty paid by the Supplier where due."
For Orders placed online, any stamp duty due under applicable tax law is paid and handled by the Supplier on the invoice and is not charged in addition to the total shown at checkout. The total displayed at checkout is therefore the amount payable online.
Custom quotes may provide for different conditions, provided these are expressly stated before acceptance.
For foreign customers, the tax treatment may vary depending on the country, the nature of the Customer and the applicable regulations.
The price valid is the one displayed and accepted at the time of the Order. Any subsequent price changes shall have no retroactive effect on Orders already confirmed.
9. Payment and invoicing
Payment for Services purchased online is 100% in advance.
The payment methods shown at checkout are accepted, including, where available, payment cards, methods supported by Stripe and bank transfer.
Custom Services quoted individually may provide for payment by bank transfer and different terms indicated in the quote.
Work does not begin in the event of failed, incomplete, revoked, suspended or reasonably suspicious payment.
The Supplier may suspend production and delivery if the payment is disputed, revoked or subject to a chargeback.
Before initiating a bank dispute, the Customer undertakes to contact the Supplier to attempt a direct resolution, without prejudice to any mandatory rights.
The invoice is issued after acceptance of the Order. The Customer must verify the accuracy of its tax data before confirmation. Any subsequent changes will be made only where technically and fiscally possible.
10. Photo post-production
The photo post-production package has the price published on the Website, currently euro 399.
It includes:
• processing of a single clinical case; • up to 80 raw photographs relating to the same case; • colour correction; • professional photo retouching; • one final version of the photographs; • delivery in the format, aspect ratio and resolution agreed with the Customer; • delivery of the Final files; • delivery of the Project files actually generated during production; • one consolidated Revision.
Specific crops, aspect ratios and formats, including 16:9, must be agreed in the Brief.
A greater number of photographs or the processing of multiple cases requires the purchase of additional packages or an individual quote.
11. Video post-production
The video post-production package has the price published on the Website, currently euro 499.
It includes:
• processing of a single clinical case; • up to 300 minutes of total footage; • no preset limit on the number of clips, provided they relate to the purchased case; • one extended version, indicatively around 20 minutes and in any case not exceeding 40 minutes; • one short version, indicatively 8–9 minutes and in any case not exceeding 10 minutes; • actual duration agreed based on the Materials and the Brief; • 16:9 aspect ratio; • Full HD or 4K export, where compatible with the source Materials; • colour correction; • video editing and post-production; • delivery of the Final files; • delivery of the Project files actually generated; • one consolidated Revision covering both versions jointly.
Unless expressly agreed, the following are not included:
• music; • subtitles; • transcripts; • translations; • voice-over; • custom graphics; • motion graphics; • 3D animations; • copywriting; • medical or scientific review.
Music is not included in the package. The Customer may purchase the “Licensed music” add-on governed by article 37, or supply its own music, remaining responsible for the related rights and licences. Failing both, the video may be delivered without music.
12. Combined photo and video post-production
The combined package has the price published on the Website, currently euro 699.
For a single clinical case, it includes:
• up to 80 photographs; • up to 300 minutes of total footage; • photo post-production; • colour correction; • professional photo retouching; • one extended video version, indicatively around 20 minutes and in any case not exceeding 40 minutes; • one short video version, indicatively 8–9 minutes and in any case not exceeding 10 minutes; • actual duration agreed based on the Materials and the Brief; • Full HD or 4K export, compatibly with the source Materials; • 16:9 video aspect ratio; • delivery of the photographs in the format, aspect ratio and resolution agreed with the Customer; • video editing and post-production; • delivery of the Final files; • delivery of the Project files actually generated; • one consolidated Revision covering the entire project.
Unless expressly agreed, the following are not included:
• music; • subtitles; • transcripts; • translations; • voice-over; • custom graphics; • motion graphics; • 3D animations; • copywriting; • medical or scientific review.
Music is not included in the package. The Customer may purchase the “Licensed music” add-on governed by article 37, or supply its own music, remaining responsible for the related rights and licences. Failing both, the video may be delivered without music.
13. Quoted services
The Supplier may offer, by means of an individual quote:
• direct filming of clinical photographs and videos at practices, clinics or other locations indicated by the Customer; • post-production of the related content; • event photography and video; • photography and video of trade fairs, congresses and professional events; • live surgery photography and video; • direction and audiovisual management of live surgery, events and live productions; • custom audiovisual productions; • professional photo shoots; • adaptations and processing not included in the packages purchasable directly on the Website.
The quote may govern different terms regarding price, deposit and balance, payment methods, travel, out-of-pocket expenses, number of shooting days, shoot duration, equipment, staff, delivery times, revisions, usage rights, postponement and cancellation.
The contract relating to the custom Service is concluded through written acceptance of the quote and payment of any deposit or amount requested.
These Terms also apply to quoted Services, except as expressly modified in the accepted quote.
14. Promotional codes and credits
The Supplier may offer discount codes, promotions or credits.
Unless otherwise indicated, codes are not cumulative, not convertible into cash, not transferable and apply exclusively to future Orders.
Credits are valid for 12 months from the date of issue, unless otherwise communicated.
The Supplier may cancel codes or credits used fraudulently, abusively or in breach of the promotion's terms.
15. Sending the Brief and the Materials
The Customer must send the Brief and Materials within seven days of purchase, uploading them independently via SwissTransfer (a service of Infomaniak Network SA) or another secure channel indicated by the Supplier, with info@dentalphotovideo.it as the standard recipient and stating the Order number in the transfer message.
The Customer must keep an independent copy of the Materials sent: SwissTransfer is a temporary transfer service and does not constitute an archive or a backup.
The Customer must keep personal data in file names and in the transfer message to a minimum. Where the Materials contain health data or confidential information, the Customer must adopt, where appropriate, password protection, a short availability window and a limit on the number of downloads, sharing any password through a separate channel.
As of the date of this version, SwissTransfer allows transfers of up to 50 GB per transfer; for larger requirements the Customer must agree an alternative channel or a split transfer with the Supplier.
The Materials must be relevant and proportionate to the Service purchased.
There is no fixed contractual limit in gigabytes; however, the technical limits of the transfer service and the principle of reasonableness in relation to the number of packages purchased remain applicable.
The Supplier may request a selection of files, splitting of the transfer, removal of duplicates, a different format, a new export or compression of files not necessary for the required quality.
The formats normally accepted include:
Video: MP4, MOV and, subject to agreement, MXF. Photographs: JPG, PNG, TIFF and RAW formats compatible with the software used.
The Customer must keep an independent copy of all original Materials.
16. Failure to send the Materials
If the Customer does not send what is necessary within seven days:
- the Supplier sends a first reminder;
- on the fourteenth day, it may send a second reminder;
- on the twenty-first day, it may cancel the Order.
In the event of cancellation before acceptance and before work has begun, the Customer may choose between a refund to the original payment method and a credit of equal value usable within 12 months.
In the absence of a choice communicated within seven days of the Supplier's request, the refund shall be made to the original payment method.
Late delivery of the Materials results in a corresponding delay of the delivery.
17. Technical suitability and replacement of the Materials
The Customer acknowledges that the outcome also depends on the quality of the Materials provided.
The Supplier does not guarantee the full recovery of blurred, overexposed, underexposed, noisy, corrupted or technically insufficient images, nor delivery in 4K when starting from lower-quality sources.
The Supplier may request replacement files, further information or a new export.
The Customer may replace incorrect files provided they relate to the same clinical case and provided the replacement does not substantially alter the Brief.
The replacement may result in suspension or a new start of the time limits, a proportionate extension, the purchase of an extra Revision or an additional quote where it is necessary to redo work already carried out. Any additional cost will be communicated in advance.
18. Commencement and delivery time limits
Delivery time limits begin only when the Supplier has cumulatively received:
• full payment; • the complete Brief; • all the Materials; • a statement regarding authorisations; • tax data; • answers to necessary questions; • confirmation of acceptance of the Order.
The First version with standard delivery is made available within 20 Business Days.
The First version with Fast Delivery is made available within 10 Business Days.
The time limits relate exclusively to the First version and do not include the time needed to receive and apply the Revision.
Time taken by the Customer after the First version to review, approve, respond or send corrections and Revision requests, and any waiting resulting from it, never constitutes a delay attributable to the Supplier.
Saturdays, Sundays, Italian public holidays and closures communicated before purchase are not counted, even where the Supplier voluntarily carries out activity on such days.
Any closure periods are indicated on the Website or communicated before acceptance of the Order and do not retroactively change deadlines already confirmed, unless agreed with the Customer.
19. Delays and lack of cooperation by the Customer
When the Supplier requests clarifications, files or information, the Customer must respond within five Business Days.
From the time of the request until receipt of a complete response, the delivery time limit is automatically suspended and the related delay is not attributable to the Supplier.
The suspension also applies in the event of missing Materials, replacement of files, contradictory instructions, failure to identify a contact person, delays in approvals or changes to the Brief.
The new delivery date shall be recalculated taking into account the duration of the suspension and the Supplier's production availability.
20. Fast Delivery
The Fast Delivery option:
• costs euro 99 per project/case; • is available for the photo, video and combined packages, unless declared unavailable; • must be purchased together with the Order; • gives priority to the work; • provides for delivery of the First version within 10 Business Days instead of the standard 20 Business Days.
Where an Order includes several projects/cases, the add-on may be purchased for one or more of them and applies only to the number of projects actually purchased. Which projects the add-on relates to is identified later, in agreement with the Customer on the basis of the Brief.
The Fast Delivery time limit relates solely to the First version. Subsequent time attributable to the Customer, including approvals, responses, corrections and Revision requests, does not constitute a delay attributable to the Supplier.
If the Fast Delivery time limit is not met for a cause exclusively attributable to the Supplier, the Customer is entitled to a refund of the Fast Delivery surcharge for the project concerned only. The main Service continues on the standard timeline.
The surcharge is not refundable where the delay depends on the Customer, the Materials, changes to the Brief, failure to respond, replacement of files, force majeure or events outside the Supplier's reasonable control.
21. Included Revision
Each package includes a single Revision.
A Revision means a single round of changes submitted in one single, complete, coordinated and consolidated communication.
The request must:
• be sent within five Business Days of the First version; • come from the contact person or persons approved by the Customer; • be sent to the official email address; • contain all changes in a single document or structured message; • indicate, for videos, timecodes where useful.
Fragmented requests, sent at different times or by uncoordinated persons, may be treated as separate Revisions.
The Supplier normally completes the included Revision within seven Business Days of receiving complete instructions.
22. Changes excluded from the included Revision
The following do not constitute the included Revision:
• a change to the Brief; • substantial replacement of the footage; • the addition of a new clinical case; • the addition of photographs or content not originally provided; • substantial reworking of the edit; • a new narrative structure; • a substantial change to the duration; • a new aspect ratio or format not agreed; • custom graphics, motion graphics or animations not included; • requests incompatible with previous approvals; • correction of errors already present in the original Materials; • requests received after the deadline; • changes made necessary by incorrect information from the Customer.
Music is not included in the packages. Replacing music supplied by the Customer or already licensed for the project may fall within the Revision where it does not require substantial rework and does not entail new licences or external costs. Where the request requires a new licence, the purchase of the “Licensed music” add-on or third-party costs, it constitutes an extra Revision, an add-on to be purchased or work subject to a quote.
23. Errors attributable to the Supplier
Correction of errors objectively attributable to the Supplier is free of charge, does not consume the included Revision and is carried out within a reasonable time.
Characteristics deriving directly from the Materials, from the Customer's instructions, from the technical limitations of the sources or from content already approved are not errors attributable to the Supplier.
24. Extra Revisions
The Customer may purchase extra Revisions at the price published on the Website, currently euro 29 each.
Each unit of extra Revision:
• corresponds to one further single consolidated round; • must remain within the scope of the original Brief; • may be purchased before or after the First version, including in multiple units; • is worked on only after payment is confirmed; • is normally delivered within five Business Days.
The number of extra Revisions is not linked to the number of projects in the Order. The online checkout may apply a technical limit on the units that can be purchased within a single Order: further Revisions may be purchased with a separate Order or requested by contacting the Supplier. Any purchase remains subject to the Supplier's availability, the retention of the Project files and relevance to the original project.
Requests that change the subject matter of the project require a new package or a quote.
25. Approval and closure of the project
The Customer must review the First version and submit the included Revision within five Business Days.
In the absence of a Revision request within that time limit, the included Revision shall be deemed unused and forfeited.
In the absence of written objections within seven Business Days of delivery, the work shall be deemed approved and the project concluded.
Subsequent requests are handled as an extra Revision or as a new Service, depending on their nature.
Approval communicated by the contact person via email, private area, chat or WhatsApp is binding. Instructions or approvals communicated verbally must be confirmed in writing.
26. Verifications to be carried out by the Customer
Before publication or dissemination, the Customer must verify:
• names and qualifications; • texts and titles; • trademarks and logos; • subtitles; • clinical information; • scientific data; • promotional claims; • trade names; • any personal data visible; • authorisations for publication; • compliance with applicable professional, advertising and deontological rules.
Approval of the work confirms that the Customer has carried out such verifications.
27. Complaints, defects and remedies
Any apparent defects or non-conformities must be reported in writing, in detail, with reference to the Brief and to the official email address, within seven Business Days of delivery.
Mandatory statutory time limits remain unaffected with respect to defects that are not immediately recognisable.
The first remedy is free correction. The Supplier is entitled to carry out up to three reasonable rounds of correction before further remedies may be requested, unless correction is impossible or manifestly inadequate.
The following do not automatically constitute defects:
• differences between monitors and displays; • device settings; • compression or re-encoding applied by social networks and platforms; • variations generated by browsers or software; • loss of quality resulting from changes made by third parties; • aesthetic preferences not provided for in the Brief; • limitations of the source Materials.
28. Cancellation before acceptance
Before final confirmation of the Order, the Customer may request its cancellation and obtain a full refund to the original payment method, unless otherwise agreed.
29. Cancellation after acceptance and before commencement
After acceptance, but before work has actually begun, the Customer may cancel the project.
The Supplier shall refund the amount paid, deducting only any external costs previously communicated, authorised by the Customer, already incurred and not recoverable.
30. Withdrawal or interruption after work has begun
Where the Customer interrupts the project after work has begun but before delivery of the First version, the Supplier retains 50% of the Service price.
The amount retained constitutes an agreed assessment of the work carried out, the analysis, the preparation, the production time committed, the organisation and the loss of earnings resulting from the interruption.
Any specific external costs, previously authorised by the Customer and not recoverable, remain due where they exceed the amount retained.
The remaining 50% shall be refunded.
Mandatory statutory limits remain unaffected.
31. Interruption after delivery of the First version
After delivery of the First version, no ordinary refund is provided, as the main part of the technical and creative work has been carried out.
The Customer retains the right to the included Revision, if requested within the time limits, to correction of errors attributable to the Supplier, and to the further remedies provided by law in the event of serious unremedied breach.
32. Refund methods and timing
Authorised refunds are normally processed within two to four Business Days.
The time needed for the amount to become available depends on the payment method, the bank and the payment provider.
The refund is made to the original payment method or, by agreement, by means of a credit usable within 12 months.
33. Inactivity during the project
If the Customer does not respond during the work:
• after seven days, the project is suspended; • after fourteen days, it may be archived; • delivery time limits cease to run.
The Supplier may deliver what has been completed up to that point.
The Customer may request a single free reactivation within 12 months of archiving, subject to the Supplier's production availability.
Upon reactivation, new scheduling shall be agreed and immediate resumption of the previous position in the schedule is not guaranteed.
To allow for possible reactivation, the Materials and Project files of an archived project may be retained for a maximum of 12 months from archiving, unless a deletion request is made that is compatible with contractual and legal obligations.
After 12 months the project shall be deemed definitively closed. Refunds remain governed by the preceding articles.
34. Rights over the Customer's Materials
The Customer retains the rights over the original Materials provided.
The Customer grants the Supplier, for the time necessary to perform the Service and comply with retention obligations, the right to copy, process, modify, temporarily store, securely transfer and disclose the Materials to authorised collaborators to the extent necessary for carrying out the project.
35. Rights over the Final files
After full payment, the Customer acquires the transferable economic exploitation rights over the Final files created specifically for the project, within the limits permitted by law and subject to:
• the author's moral rights; • third-party rights and licences; • music, stock content and fonts; • software and plugins; • pre-existing elements; • templates, tools and know-how of the Supplier.
The Customer may use the Final files for professional and commercial purposes, modify them and distribute them in compliance with third-party rights and applicable licences.
36. Project files
Where provided for by the package, the Project files actually generated are included in the delivery.
Delivery of the Project files does not entail the transfer of ownership of the Supplier's templates, presets, LUTs, automations, procedures, methods, workflows, libraries, reusable tools and know-how.
The Supplier does not guarantee full compatibility of the Project files with different software versions, different operating systems, plugins not owned by the Customer, fonts not available or different hardware configurations.
The Customer is responsible for purchasing the software licences and plugins necessary to open or modify the Project files.
Changes made by the Customer or third parties after delivery exclude the Supplier's liability for the modified result.
37. Third-party assets and licences
The Supplier may use music, fonts, photographs, video, graphics and other assets from Artlist, Envato or equivalent services.
The licences:
• remain held by the Supplier; • allow use of the asset within the final project within the limits of the relevant licence; • do not entail delivery or assignment of the individual asset; • do not authorise the Customer to extract or separately reuse the asset, save as expressly permitted by the provider's licence.
Where available, the Supplier may provide licence documentation to handle any platform disputes.
“Licensed music” add-on. No music is included in the base packages. The Customer may purchase the “Licensed music” add-on at the price published on the Website, currently euro 9 per video project, available for the video and combined packages and not for the photo package.
With the purchase of the add-on, the Supplier:
• selects and downloads a track at its own cost from Envato, Artlist or an equivalent provider, within the limits of the licence available for the commissioned project; • adds the track to the delivered video; • provides the Customer, where available, with the licence documentation or certificate for that project, useful in the event of Content ID, claims or disputes.
The add-on is not a sale or standalone assignment of the track or of the licence. The licence remains subject to the provider's terms. The Supplier does not warrant that YouTube, Meta, Instagram, TikTok or other platforms will not generate Content ID, claims or strikes, nor the outcome or automatic acceptance of any dispute. The Customer is not authorised to extract or separately reuse the track, save as permitted by the provider's licence.
Any music supplied by the Customer remains its sole responsibility as regards the necessary rights, licences and authorisations.
38. Portfolio, Customer name and special confidentiality
The Supplier does not automatically use the work for portfolio, website, social media, presentations, advertising, competitions or case studies.
Any use requires the Customer's prior written and specific authorisation, preferably obtained after delivery and referring to the materials actually identified.
Use of the Customer's name or logo also requires authorisation.
The Customer may request total confidentiality or propose a non-disclosure agreement. No automatic surcharge is provided, unless the required obligations entail costs, liabilities or additional procedures to be agreed.
39. Customer's warranties regarding the Materials
The Customer warrants that:
• it holds the necessary rights over the Materials; • it is authorised to transmit them to the Supplier; • it has obtained the necessary consents, notices and releases; • it complies with copyright, image rights, confidentiality and data protection; • it is authorised to show patients, doctors, employees and collaborators; • it holds the authorisations relating to locations, music, trademarks, images and works; • it has obtained the authorisations of those exercising parental responsibility where minors are involved.
The Customer remains responsible for the lawfulness of the collection, transmission, use and publication of the Materials.
40. Indemnification
The Customer undertakes to hold the Supplier harmless from third-party claims, demands, costs, penalties or actions arising from:
• the absence or insufficiency of authorisations; • infringement of rights over the Materials; • unlawful instructions from the Customer; • privacy breaches attributable to the Customer; • unauthorised publication; • clinical, scientific or promotional information provided by the Customer.
The indemnification does not apply to the portion of damage arising from wilful misconduct, gross negligence or otherwise directly attributable to the Supplier.
41. Unlawful, risky or inappropriate Materials
The Supplier may refuse, suspend or discontinue the processing of Materials that violate the law, infringe third-party rights, lack the necessary authorisations, contain malware, expose unnecessary data, present security risks or are contrary to professional dignity.
Amounts relating to work already carried out remain due in accordance with the rules on cancellation and interruption.
42. Dental, medical and scientific content
The Service consists of a technical and creative post-production activity.
The Supplier does not verify or warrant:
• medical or scientific accuracy; • clinical appropriateness; • the conformity of treatments; • the conformity and proper use of devices or products; • the accuracy of claims; • compliance with healthcare advertising rules; • compliance with deontological rules; • the lawfulness of publication.
Editorial, healthcare, scientific, promotional and deontological responsibility remains with the Customer.
43. No warranty on commercial results and platforms
The Supplier does not guarantee views, leads, sales, conversions, engagement, financial returns, campaign approval or acceptance of content by Meta, Instagram, TikTok, YouTube, LinkedIn or other platforms.
Unless specifically quoted, the Service includes technical and creative execution and does not include strategic, legal, medical, scientific or advertising consultancy.
44. Adaptations and further processing
Adaptations for new social networks, vertical formats, different durations, languages, subtitles, advertising campaigns or additional versions may be treated as an extra Revision or a new Service, depending on the scope of the request.
The Supplier shall communicate the relevant classification and any price in advance.
45. Personal data and health data
The processing of the Customer's personal data is governed by the Website's Privacy Policy.
Where the Materials contain personal data, identifying images or health-related data and the Supplier operates on behalf of the Customer:
• the Customer normally acts as data controller; • the Supplier normally acts as data processor; • any authorised collaborators may act as sub-processors.
In such cases, the relationship must be governed by a separate Data Processing Agreement pursuant to Article 28 of Regulation (EU) 2016/679, which may also be accepted in electronic form and forms an integral part of the contractual relationship.
Should the Customer propose its own data processor appointment agreement, it will be evaluated and may replace or supplement the Supplier's template only upon written acceptance.
46. Minimisation and authorisations relating to clinical data
The Customer must, where possible:
• anonymise or pseudonymise the Materials; • remove unnecessary names and identifiers; • redact medical records and unrelated data; • avoid sending documents that are not essential; • limit the Materials to what is necessary for the Service.
Where identification is necessary, the Customer warrants that it holds the required legal basis, notices and authorisations.
The Customer is not required to automatically send the Supplier patient release forms, but must certify that it holds them, retains them and can provide reasonable confirmation when necessary.
47. Collaborators and sub-processors
The Supplier may entrust parts of the work to qualified freelance collaborators, selected and bound by confidentiality obligations.
Collaborators may access only the data and Materials necessary to carry out their assignment and must comply with adequate security and data protection obligations.
Where applicable, the Customer generally authorises the use of sub-processors in accordance with the Article 28 GDPR Agreement.
The Supplier shall communicate relevant changes relating to sub-processors in accordance with the terms set out in that agreement, allowing the Customer to raise reasoned objections.
48. Secure transfer via SwissTransfer
The Materials and Final files must be transmitted exclusively through SwissTransfer, a service of Infomaniak Network SA established in Switzerland, or another secure channel expressly indicated in writing by the Supplier.
SwissTransfer is a temporary transfer service and does not constitute an archive: files remain available for the configured period and are then deleted from the service. File retention remains governed by Articles 49 and 50.
Where the Materials contain personal data, health data or confidential information, the following measures must be adopted, where available and appropriate:
• password protection; • links with limited validity; • restricted access to authorised recipients; • communication of the password through a different channel; • the Supplier's professional account; • any further measures indicated in the Brief or in the Article 28 GDPR Agreement.
The Customer must not send identifiable health data via WhatsApp, social networks, unauthorised chats or ordinary email attachments.
The Customer must avoid including health data or unnecessary identifying information in file names or transfer messages.
49. Ordinary file retention
The Supplier normally retains Materials, Final files and Project files on a personal HDD or NAS with restricted access, not directly exposed to the public network.
Unless otherwise agreed, files are retained for six months from final delivery.
Before the expiry of the active retention period and before deletion, the Supplier endeavours to send the Customer a warning email regarding the forthcoming expiry and the subsequent deletion of the files. Sending is not automated and is not guaranteed.
The warning email is a courtesy communication. Failure to receive it for reasons not attributable to the Supplier, such as an outdated email address, spam filters or provider issues, does not automatically extend retention nor prevent deletion upon contractual expiry.
After that period, the Supplier may delete them without any further retention obligation. Deletion may be irreversible.
The retention period for projects archived due to inactivity is governed by Article 33.
50. Extended retention
The Customer may purchase the extended retention service at the price published on the Website, currently euro 49 per project for each additional 12-month period.
The purchase may be made at the time of the Order or also at a later time, provided that the files have not already been deleted.
The Customer may purchase a further 12-month period before the expiry of the period in progress, even in the absence of the warning email, provided that the files have not already been deleted. Extensions may therefore be renewed for successive 12-month periods, with no predetermined overall limit.
Extended retention:
• relates to a single project; • runs from the end of the retention period in progress; • may be renewed for further 12-month periods; • does not renew automatically: each additional period requires a new purchase by the Customer; • is subject to the price communicated at the time of renewal.
Any price changes apply only to future periods.
Once the files have been deleted, recovery is not guaranteed and it is no longer possible to purchase extended retention for material already deleted.
The Customer remains in any case responsible for its own backup.
51. Delivery, download and backup
The Final files are normally delivered via SwissTransfer using security settings appropriate to the type of content.
The link remains available for approximately 14 days.
The Customer must promptly download the files, verify their integrity, keep a copy and arrange its own backup.
During the active retention period, whether ordinary or extended, a new upload is carried out free of charge where the files are still available.
After deletion, recovery is not guaranteed and no extended retention may be purchased for that material.
52. Official communications and support
The official address for Orders, Briefs, revisions, complaints and support is info@dentalphotovideo.it.
The Customer may leave a phone number for the Supplier to contact it. Any communications by phone call, chat or WhatsApp serve a supporting function and must be summarised or confirmed by email when they contain instructions, approvals or relevant changes.
In the absence of confirmation, the Supplier may rely exclusively on the written instructions already available.
The indicative support hours are from 9:00 a.m. to 5:00 p.m. on Business Days. The Supplier normally responds within one Business Day, without this constituting an essential time limit.
53. Force majeure and impediments
The Supplier is not liable for delays caused by events outside its reasonable control, including illness or injury, hardware failures, blackouts, unavailability of cloud services, cyberattacks, temporary loss of connectivity, natural disasters, strikes, actions by authorities, wars, unrest, health emergencies, supplier issues or platform unavailability.
In such cases, the Supplier may, taking into account the nature of the impediment:
• extend the delivery; • temporarily suspend the project; • entrust the work to a qualified collaborator; • propose a different schedule; • refund the portion of the Service not yet performed.
If the impediment lasts more than 20 Business Days, the parties shall attempt to agree on continuation, replacement or termination of the relationship.
In the absence of agreement, the Supplier may terminate the contract and refund the portion of the Service not yet performed.
54. Limitation of liability
To the extent permitted by law, the Supplier's overall liability relating to a specific Order may not exceed the amount actually paid for that Order.
The Supplier is not liable for loss of profit, opportunity, customers or revenue, reputational damage, indirect or consequential damage, business interruption, unapproved campaigns, misuse of the Final files, changes made by the Customer or third parties, loss of Materials of which the Customer has not kept a copy, malfunctions of platforms or external providers, and results dependent on the quality of the sources.
The limitation does not apply in cases of wilful misconduct, gross negligence, breach of mandatory obligations or liability that cannot be excluded under law, including liability applicable in the field of personal data protection.
55. Confidentiality
The Supplier treats as confidential the Brief, non-public Materials, strategies, technical data, business information, clinical content, credentials and documents received.
This obligation does not apply to information that is already public, lawfully known, lawfully received from third parties, required to be disclosed by law, or authorised for publication.
Collaborators' confidentiality obligations are also governed by their respective contractual agreements and, where applicable, by the Article 28 GDPR Agreement.
56. Governing law, amicable settlement, mediation and jurisdiction
These Terms and the relationships with the Customer are governed by Italian law, subject to any mandatory limits applicable to international transactions.
Before initiating judicial proceedings, the interested party must send a detailed written complaint. The parties shall attempt an amicable settlement for at least 15 days from receipt.
If no agreement is reached, the parties undertake to attempt mediation before a body registered in the register of the Italian Ministry of Justice, based in Milan.
Requests for urgent and precautionary measures and actions for the recovery of liquid and due debts remain permitted where the prior attempt is not required by law or is incompatible with the urgency.
If mediation is unsuccessful, the Court of Milan shall have exclusive jurisdiction over any dispute, subject to any differently applicable mandatory rules.
57. Amendments to the Terms and to prices
The Supplier may amend these Terms, prices and the features of the Services for future Orders, including as a result of regulatory, tax, technical or organisational changes.
Each Order is governed exclusively by the version accepted at the time of purchase.
Amendments do not retroactively affect Orders already concluded.
58. Hierarchy of documents
In the event of conflict, the following shall prevail, in order:
- any individual quote accepted;
- the specifications set out in the Order confirmation;
- these Terms;
- the general description published on the Website.
The Article 28 GDPR Agreement prevails for matters relating to the processing of personal data carried out on behalf of the Customer.
This English text is a courtesy translation provided for the Customer's convenience. In the event of any discrepancy or interpretative doubt between this English text and the Italian version, the Italian version shall prevail and shall be the sole authentic and legally binding text.
59. Partial invalidity and no waiver
The invalidity or ineffectiveness of a clause does not entail the invalidity of the remaining provisions.
The invalid clause shall be replaced, to the extent permitted, by a valid provision achieving the result closest to the original purpose.
Failure or delay in exercising a right does not constitute a waiver. Any occasional tolerance or concession does not amend these Terms.
60. Assignment of the contract
The Customer may not assign the contract, the Order or the related rights without the Supplier's written consent.
The Supplier may transfer the relationship in connection with a business transfer, transfer of a business unit, business reorganisation or succession in the business, provided that the Customer's essential rights remain protected.
61. Electronic acceptance and proof of the contract
By submitting the Order, the Customer declares that it has read, understood and accepted these Terms, that it has been able to store a copy of them, that it is purchasing for professional purposes and that it specifically approves the clauses indicated at checkout.
Where the Materials contain personal or health data, the Customer also accepts the Data Processing Agreement pursuant to Article 28 GDPR through the relevant electronic procedure.
The Supplier retains, to the extent technically and legally permitted:
• the version of the Terms and agreements accepted; • the date and time of acceptance; • the Order and account reference; • the boxes selected; • payment confirmation; • the IP address, if collected in compliance with applicable regulations; • communications relating to the conclusion and performance of the contract.
The accepted terms are made available to the Customer via a permanent link, private area or attachment to the Order confirmation.
