Catholic Stewardship Consultants v. Ruotolo Assoc., 270 Ga. App. 751, 752 ( 608 SE2d 1) (2004). Where the motion is decided without an evidentiary hearing and based solely upon the written submissions of the parties, as it was here, any disputes of fact must be resolved in the light most favorable to the party asserting the existence of personal jurisdiction, and we review the decision of the trial court de novo. Home Depot Supply v. Hunter Mgmt, 289 Ga. App. 286, 286 ( 656 SE2d 898) (2008). See also Southern Electronics Distrib. v. Anderson, 232 Ga. App. 648, 648 (1) ( 502 SE2d 257) (1998).

And factual disputes must be resolved in favor of jurisdiction. Home Depot Supply v. Hunter Mgmt, 289 Ga. App. 286, 288 ( 656 SE2d 898) (2008). (a) Noorani argues that the first part of the test cannot be met because he, personally, did not consummate any business transactions or conduct any business transactions in this state.

Instead, in order for a Georgia court to exercise jurisdiction over a nonresident based on 'transacting business,' it is necessary that purposeful acts must have been performed by the defendant to tie it to the State."Home Depot Supply, Inc. v. Hunter Mgmt. LLC, 289 Ga.App. 286, 289 (2008). “The Due Process Clause protects an individual's liberty interest in not being subject to the binding judgments of a forum with which he has established no meaningful ‘contacts, ties, or relations

Amerireach.com, LLC v. Walker, 290 Ga. 261, 265 (2) (719 S.E.2d 489) (2011); accord Sullivan v. Bunnell, 340 Ga.App. 283, 286 (1) (797 S.E.2d 499) (2017); Weathers v. Dieniahmar Music, LLC, 337 Ga.App. 816, 820 (788 S.E.2d 852) (2016). Sullivan, 340 Ga.App. at 286 (1) (punctuation omitted); accord Berkowitz, 332 Ga.App. at 871; see Home Depot Supply, Inc. v. Hunter Mgmt, LLC, 289 Ga.App. 286, 289 (656 S.E.2d 898) (2008) (holding that "even when a nonresident defendant has no physical presence in Georgia, intangible contacts, such as telephone communications, can be sufficient to establish 'minimum contacts' which meet the constitutional standard for the exercise of personal jurisdiction"). Walker, 290 Ga. at 269 (2) (punctuation omitted) (emphasis supplied); accord Aero Toy Store, LLC v. Grieves, 279 Ga.App. 515, 517-18 (631 S.E.2d 734) (2006).

As a general matter, "a defendant who files a motion to dismiss for lack of personal jurisdiction has the burden of proving lack of jurisdiction." Home Depot Supply v. Hunter Mgmt., 289 Ga.App. 286 (656 S.E.2d 898) (2008).

See Easterling v. Easterling, 231 Ga. 90, 90(1), 200 S.E.2d 267 (1973); Catholic Stewardship Consultants, Inc. v. Ruotolo Assocs., Inc., 270 Ga.App. 751, 752, 608 S.E.2d 1 (2004) (punctuation omitted); Scovill Fasteners v. Sure–Snap Corp., 207 Ga.App. 539, 539, 428 S.E.2d 435 (1993).Paxton v. Citizens Bank & Trust of W. Ga., 307 Ga.App. 112, 113, 704 S.E.2d 215 (2010); accord Home Depot Supply v. Hunter Mgmt., 289 Ga.App. 286, 286, 656 S.E.2d 898 (2008).Viewed in the light most favorable to Berkowitz, the record shows that ACC is a company incorporated in Nebraska that was created and is solely owned by former University of Nebraska swimming coach Richard Paine. Relying on Paine's extensive experience and contacts with swimming coaches across the country, ACC engages in the business of assisting student-athletes in gaining entrance to college and university athletic programs and in obtaining financial aid to support their educational goals.

ATCO Sign & Lighting Co., 298 Ga. App. at 534 (1). See also Home Depot Supply v. Hunter Management, LLC, 289 Ga. App. 286, 289 (656 SE2d 898) (2008) ("even where a nonresident defendant has no physical presence in Georgia, intangible contacts, such as telephone communications, can be sufficient to establish 'minimum contacts' which meet the constitutional standard for the exercise of personal jurisdiction"). Moreover, regardless of Piraino's physical presence in or absence from Georgia, the evidence shows that the Atlanta office of Wells Fargo was acting as the agent of the insureds.

Additionally, citing to the Supreme Court of the United States's decision in Carnival Cruise Lines, Inc. v. Shute, the trial court held in a footnote that because the language in the paragraph containing the forum-selection clause "cannot be fairly interpreted to extend the rights therein to both parties equally, it is fundamentally unfair and amounts to a bad-faith tactic intended to discourage pursuit of legitimate claims by [General]." See Home Depot Supply, Inc. v. Hunter Management, LLC., 289 Ga. App. 286, 286 (656 SE2d 898) (2008) ("In Georgia, a defendant who files a motion to dismiss for lack of personal jurisdiction has the burden of proving lack of jurisdiction."). 499 U.S. 585 (111 SCt 1522, 113 LE2d 622) (1991).

(Footnote omitted.) Home Depot Supply v. Hunter Mgmt., 289 Ga. App. 286 ( 656 SE2d 898) (2008). Where the motion was decided upon written submissions "any disputes of fact in the written submissions supporting and opposing the motion to dismiss are resolved in favor of the party asserting the existence of personal jurisdiction, and the appellate standard of review is nondeferential."

(Punctuation omitted.) Home Depot Supply v. Hunter Mgmt., 289 Ga. App. 286, 289 ( 656 SE2d 898) (2008). The record shows that Tatum entered into a "Bail Bond Underwriting Agreement" (the "Agreement") with Douglass and Apodaca under which Douglass was to supply surety bail bonds from one or more underwriters to Tatum.