Site Chronicle Commercial Recovery Guarantee

1. What the guarantee provides

Where the aggregate value of Qualifying Recoveries during the customer’s first 12-month paid subscription period is less than five times the annual Site Chronicle software subscription fee, Site Chronicle will waive the software subscription fee for the following 12-month renewal period.

The guarantee provides a free software-subscription renewal only. It does not provide:

• a cash refund;
• reimbursement of first-year fees;
• payment of claim losses;
• compensation for unsuccessful claims;
• free consultancy or claims services.

2. Qualifying customer

The guarantee applies only where:

• the customer has completed an approved Site Chronicle pilot;
• the customer enters into a 12-month paid rollout agreement immediately following the pilot;
• all subscription invoices have been paid when due;
• the customer has materially used Site Chronicle in accordance with the agreed rollout plan;
• the customer has provided reasonable cooperation where Site Chronicle identifies incomplete or inconsistent record keeping;
• the customer is not in material breach of its subscription agreement.

3. Qualifying Recovery

A Qualifying Recovery means an additional amount actually certified, agreed, settled or paid to the customer where records created in Site Chronicle materially supported the customer’s substantiation of:

• a variation or change;
• additional labour or plant;
• standing time;
• delay;
• disruption;
• an instruction;
• additional quantities;
• loss of productivity;
• another legitimate entitlement arising from the recorded works.

A recovery may qualify where Site Chronicle records formed part of the evidence relied upon, even if other contractual, commercial or legal evidence was also used.

Qualifying Recoveries must be supported by reasonable written evidence, such as:

• a payment certificate;
• an agreed variation;
• a compensation-event assessment;
• a written settlement;
• a remittance;
• a final-account agreement;
• another reasonable written confirmation of the amount.

4. Excluded amounts

The following do not count as Qualifying Recoveries:

• the original value of contracted base-scope work;
• amounts already undisputed and due regardless of Site Chronicle;
• ordinary interim payments for base-scope work;
• retention releases;
• VAT;
• interest;
• financing charges;
• legal-cost recoveries;
• adjudication or litigation costs;
• amounts claimed but not certified, agreed, settled or paid;
• amounts recorded entirely outside Site Chronicle where Site Chronicle evidence did not materially support the recovery.

5. Avoiding double counting

The same underlying amount may only be counted once.

An amount must not be counted separately as:

• standing time;
• a variation;
• disruption;
• additional labour;
• additional plant;
• a wider claim;

where those figures relate to the same underlying recovery.

6. Customer-use requirements

The customer must:

• use Site Chronicle on the projects included in the agreed rollout;
• make reasonable efforts to complete and submit daily records contemporaneously;
• record relevant labour, plant, progress, delays, instructions and events;
• respond reasonably to evidence-quality recommendations;
• provide reasonable access to information needed to assess the guarantee;
• not intentionally withhold or misstate information relevant to the guarantee.

No arbitrary diary-completion percentage applies unless a specific percentage has been agreed in the customer’s signed subscription agreement.

7. Making a claim under the guarantee

The customer must request the free renewal within 30 days after the end of the first paid subscription year.

The customer must provide reasonable evidence of its Qualifying Recoveries. Site Chronicle may request:

• payment certificates;
• written agreements;
• remittances;
• settlement documents;
• relevant extracts from final-account agreements;
• other reasonable supporting documentation.

Any information supplied for this purpose must only be used to assess the guarantee and handled in accordance with the applicable privacy and confidentiality obligations.

8. Scope of the free renewal

The free renewal:

• applies for one additional 12-month period;
• covers the standard software subscription at the same agreed rollout level;
• excludes VAT;
• excludes consultancy;
• excludes claims preparation;
• excludes bespoke development;
• excludes integrations;
• excludes implementation work;
• excludes third-party costs;
• is non-transferable;
• cannot be exchanged for cash;
• may only be used once by the customer.

Where the customer materially increases its number of projects, diary writers or agreed usage level during the renewal year, additional usage may be charged separately.

9. No guarantee of legal or contractual entitlement

Site Chronicle provides evidence-management software and associated implementation support.

Site Chronicle does not:

• determine contractual entitlement;
• provide legal advice;
• guarantee that any claim will succeed;
• guarantee that any variation will be agreed;
• guarantee that any delay or disruption amount will be accepted;
• guarantee that any amount will be certified or paid.

The guarantee relates only to the value of qualifying recoveries supported by Site Chronicle records and the availability of a free second-year software subscription.

10. Good-faith assessment

The guarantee will be assessed reasonably and in good faith using:

• the customer’s supporting information;
• the records held in Site Chronicle;
• relevant written payment or settlement evidence;
• the applicable subscription agreement.

Site Chronicle must not unreasonably reject a recovery solely because Site Chronicle records were not the only evidence relied upon.

11. Relationship with the subscription agreement

These Guarantee Terms form part of the applicable Site Chronicle subscription agreement.

Where there is any inconsistency between these terms and a signed subscription agreement, the signed subscription agreement takes precedence.

Questions about the guarantee? Contact the Site Chronicle team, or read more about how the pilot and paid rollout work on the 30-Day Pilot page.