The Reality of Electronic Payment in Achieving Clearing by Means of Electronic Cheques- Jordanian Legislation

The Provider of electronic payment services is a morale personality that represents a bank or a non-banking financial institution that has been introduced due to the developments in the domain of communications and information technology, the advent of the Internet as well as the need of the banking sector to make advantage of those developments to provide services to customers.In order to be able to provide customers with the services of electronic payments, service providers should obtain a license from the central bank after satisfying the conditions restricted by the bank to grant this license.The service provider is connected with the customer with a contract, called the contract of electronic payment service, where the parties of the contract have certain commitments.The service provider has certain commitments towards the customer, including implementing the payment order issued by the customer, and maintaining the confidentiality of the customer's information, whereas the customer is committed to paying a certain cash money to the service provider.In case the service provider doesn't implement the commitments towards the customer, they hold liability towards the affected customer.In addition to the commitments imposed by the contract, there is also a commitment imposed by law on the service provider, represented by not harming others.In case such a commitment is violated, the service provider should afford delictual liability.Regardless the liability of the service providers, either as contractual or delictual , they must compensate for the harm caused to the customer due to that.