# A draft MSA for Ken to correct *For Ken, via Dil. Written 2026-08-17. **Not legal advice, not been to a lawyer, and not in force.** Strike through what is wrong and send it back.* --- ## Why you are reading a draft instead of your own document Ken said he needed a day to write these. **A draft you can cross out is a shorter day than a blank page**, so Dil asked for one. ⚠️ **Two things I could not do and did not fake.** I have never seen Customer Agreement v5 — it is not in the repo and not published anywhere I can reach, so these clauses are **not** extracted from it. And I am not a lawyer. What I *can* be accurate about is **what the system actually does**, and every clause below is written from that. **Where each one came from:** the four exposures already identified on the launch board, in the replies to *"MSA Needs To Be Reworked For Booked Solid"* — by the people who found them, not by me inventing risks. **There are four and you said two or three.** That is deliberate: crossing one out is a minute's work, inventing a fifth is not. --- ## How to see them They render on the real page, in the real layout, with the real button behaviour: ``` MSA_DRAFT_PREVIEW=true in the server .env, then: pm2 restart q ``` Then open **`bookedsolidinspector.com/enroll.html`**. > ⚠️ **While that switch is on, NOBODY CAN ENROLL.** The server refuses every > checkout and shows *"Enrollment is paused while the Master Service Agreement is > being reviewed."* That is deliberate — it means the draft can sit on the live > page for you to read without a customer being able to agree to wording nobody > approved. **Turn it off when you are done.** It is a review switch, not a soft > launch. You will also see a dark red **DRAFT — not in force** banner above the boxes. If you can see the clauses and not the banner, something is wrong; tell me. --- # The four clauses ## ☑ 1 · Service availability > I understand that Booked Solid Inspector does not promise a specific uptime > figure, and that if the service is unavailable my calls are forwarded to the > backup number I provide during setup. I understand that if I do not provide a > backup number, there is nowhere for those calls to go. **Why it is worded that way.** This is §6.2 — the clause that is **blank** in v5. The recommendation on the board, 10 August, was to name **no uptime percentage**: > *"We have no uptime measurement at all, so any figure is one we could not defend > and a client would hold us to. The agreement should describe **what happens** — > calls transfer to a number you choose — rather than promise a number."* **Everything it describes is real.** The failover was proven on 8 August against a dead stream host: the call carried past the failed connection in **4 milliseconds** and the second leg connected. The backup number is the one the client gives on the onboarding form. ⚠️ **The second sentence is the important one and it is currently true of everybody.** Neither Chad nor Ted has submitted an onboarding form, so neither has a backup number recorded, so neither has failover. The clause makes that the client's responsibility, which is fair — but it also means the setup checklist has to chase it. --- ## ☑ 2 · Contact lists > I confirm that I have permission to contact every person on any list I provide, > that I am responsible for how those contacts were obtained, and that messages > sent through Booked Solid Inspector go out under my name and on my behalf. **Your own words on why**, from the 11 August spec: > *"Damages run $500–$1,500 per message. A client uploading a purchased list of > 5,000 contacts creates seven figures of theoretical exposure — sending under his > name, from your infrastructure."* ⚠️ **This does not replace the tick-box at upload, and both should stay.** The upload already blocks without an attestation and stores the wording, the file name, the row count, the timestamp and the IP. Your own rule is that a dated consent *at the moment of the act* is worth far more than one agreed months earlier. This is the agreement-level half of the same protection. --- ## ☑ 3 · My number is mine > I understand that my phone number remains mine. Service does not begin until the > number has finished transferring to Booked Solid Inspector, and I can move it to > another provider at any time by asking — we will release it within **[NUMBER OF > BUSINESS DAYS]** and will not hold it against an unpaid balance. **Two separate jobs in one clause.** The first sentence prevents a billing argument nobody caused: carriers reject ports routinely for clerical reasons — a name not matching their records exactly, a wrong account number, a PIN never set. Without it the clock starts at signature and runs through a rejection. The second is the counterweight, and it matters more than it looks: > *"Once a client ports his number in, it lives in our Telnyx account and he > cannot un-port in an emergency — that takes days. So a clear port-out clause is > not a courtesy, it is what makes the port-in reasonable. **A vague port-out > clause is the strongest single argument a client has for never porting in.**"* ⚠️ **`[NUMBER OF BUSINESS DAYS]` is yours to set.** How a port-out actually runs is documented in `resources/procedure-port-out.md`. How fast we *promise* to release is a commercial decision, not a technical fact, so I left it blank rather than guess. --- ## ☑ 4 · Calls are recorded > I understand that calls answered on my behalf are recorded and transcribed, that > callers are told this at the start of every call, and that the recording and > transcript are attached to the job record. Recordings are kept for **[RETENTION > PERIOD]** and are available to me and to Booked Solid Inspector staff supporting > my account. **This one was not on the board and I think it belongs in the agreement.** From the same reply: > *"Josh now tells every caller the call is recorded, and the E&O application > requires the recording and transcript attached to the job. That means sensitive > customer audio in our systems, which is a data-breach exposure the policy has to > cover and the MSA has to describe — retention period, who can access it, what > happens to it when a client leaves."* **The recording notice is real and verified** — it opens 25 of the 28 calls reviewed today (the other three were cut off by the caller), and a test pins it. ⚠️ **`[RETENTION PERIOD]` is yours.** Telnyx keeps recordings 12 months; what *we* promise a client is a different question. ⚠️ **And I have deliberately not said the two-party-consent question is answered.** Josh announcing the recording at the top of every call is the strong position, but whether that satisfies every state a client works in is for counsel — and it is already on the list for the LegalZoom lawyer alongside the AI-disclosure question. **Do not let this clause imply it has been settled.** --- ## What to send back Any of these is a complete answer: 1. **"Clause 3 is wrong, here is the right wording"** — I paste it in. 2. **"Drop clause 4"** — deleted. 3. **"Here is the real MSA, use these three"** — best outcome, and it takes the guesswork out entirely. ⚠️ **And there is a second thing you owe that is easy to miss.** Your own 11 August spec says: > *"A checkbox pointing at a 404 is worse than nothing — it proves the client > couldn't have read it."* **Right now there is no MSA published anywhere.** `bookedsolidinspector.com/msa.html` returns the marketing homepage, which is exactly that case. So it is **two things, not one**: the clause wording, **and** the agreement itself at a real URL for the boxes to link to. Send me the document and I will publish it. --- ## What happens when you approve it Three deliberate steps, so this cannot become live by accident: 1. The approved text moves **into** `MSA.clauses` — the array customers are actually bound by. The draft file is not it. 2. `version` is set to that date. 3. `MSA_DRAFT_PREVIEW` goes off and the guard test is deleted. Until all three happen, nothing binds anybody. **Leaving the preview switch on is not shipping the agreement — it is leaving enrollment switched off.** --- *Code: `api/enroll/msa-draft.js` (the clauses), `api/enroll/acknowledgments.js` (the gate). Eight tests cover it, including one that fails if a draft is ever accepted and one that fails if somebody fills the real array without approval.*