Subscriber Terms

1. Who we are

Finertecture is provided by Thornbird Trade and Invest 97 (Pty) Ltd ("Thornbird", "we", "us"). Contact: hello@finertecture.com.

2. Plans and fees

Plans are billed monthly in advance: Foundation R1,650 per month; Structure R4,100 per month; Blueprint R8,250 per month. The prices shown are the full amount. Thornbird is not VAT-registered, so no VAT is charged. Payment is processed by Paystack.

3. Term and cancellation

Each subscription has a 3-month minimum term. After the minimum term you may cancel at any time.

4. Fault required: claimant must prove negligence

4.1 We will only be liable for any claim (whether in contract, delict, under an indemnity, under statute or otherwise) if the claimant proves, on a balance of probabilities, that the loss was caused by the negligence of Thornbird, its employees or its sub-operators.

4.2 The burden of proving negligence is on the claimant. We are not liable on a strict liability or no-fault basis.

4.3 This clause 4 is subject to clause 6.

5. Limitation of liability

5.1 Cap. Our total aggregate liability for any claim, or series of related claims, including any claim under an indemnity, is limited to the fees actually paid by you to us in the 12 (twelve) months immediately before the date on which the claim arose.

5.2 Indirect loss. We are not liable for any indirect, special or consequential loss, or for loss of profit, revenue, business, goodwill or data, however caused.

5.3 This clause 5 is subject to clause 6.

6. Exceptions

6.1 Clauses 4 and 5 do not apply to, and do not limit or exclude, any liability:

• (a) arising from gross negligence, wilful misconduct or fraud of Thornbird or its employees;
• (b) that cannot be limited or excluded by law, including where the Consumer Protection Act 68 of 2008 applies (for example, sections 48, 49, 51 and 61 of that Act) or where any law imposes liability without fault; or
• (c) to the extent that limiting or excluding it would be contrary to public policy.

6.2 If any part of clauses 4 or 5 is unenforceable, it will be read down to the extent necessary to make it enforceable, and the rest will continue to apply.

6.3 Nothing in these terms affects your rights under the Protection of Personal Information Act, 2013 or the powers of the Information Regulator.

Version v0.1-draft (16 Oct 2026). DRAFT, pending attorney review.